HomeMy WebLinkAboutCity Council - 2000-9 RESOLUTION NO. 2000-9
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
HUNTINGTON BEACH MANAGEMENT EMPLOYEES' ORGANIZATION (MEO)
AND THE CITY OF HUNTINGTON BEACH
FOR 12/25/99 THROUGH 12/2I/01
The City Council of the City of Huntington Beach does resolve as follows:
The Memorandum of Understanding between the City of Huntington Beach and the
Huntington Beach Management Employees' Organization ("MEO"), a copy of which is
attached hereto as EXHIBIT "A" and by reference made a part hereof, is hereby approved
and ordered implemented in accordance with the terms and conditions thereof; and the City
Administrator is authorized to execute this Agreement. Such Memorandum of Understanding
shall be effective for the term December 25, 1999,through December 21, 2001.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18th day of January 2000.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk 4000F A
Attorney
r—I v -6 0
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrato Di for of Administrative Services
adi/00resoNEO
RLS 000--016-01/07/00
MEO MOU
TABLE OF CONTENTS
PREAMBLE..................................................................................................................................................................................I
ARTICLEI-TERM OF MOU...................................................................................................................................................I
ARTICLE II-REPRESENTATIONAL UNIT/CLASSIFICATIONS....................................................................................1
ARTICLE III ARTICLE NUMBER RESERVED..................................................................................................................2
ARTICLE IV-EXISTING CONDITIONS OF EMPLOYMENT...........................................................................................2
ARTICLEV_SEVERABILITY.................................................................................................................................................3
ARTICLEVI-SALARY SCHEDULE......................................................................................................................................3
ARTICLEVII-SPECIAL PAY..................................................................................................................................................3
A. EDUCATIONAL TUITION..................................—...............................................................................................................3
B. CERTIFICATION/SKILL PAY....................................................................................... ....................4
ARTICLEV III-UNIFORMS.....................................................................................................................................................4
ARTICLE IX-HOURS OF WORK/OVERTIME/ADMINISTRATIVE LEAVE.................................................................4
A. OVERTIME....................... --.................................................................................—........................................................4
B. ADMINISTRATIVE LEAVE--,.................................................................................. ................................ ...........---4
ARTICLE X-HEALTH AND OTHER INSURANCE BENEFITS........................................................................................5
A. HEALTH.................... .................................................................... ............................................................5
1. Medical........................................................................................................................................................................5
2. Dental..........................................................................................................................................................................5
3. Opt i caj.........................................................................................................................................................................5
B. ELIGIBILITY CRITERIA AND COST.....................................................................................................................................5
1, City Paid Medical and Dental Insurance-De endents........................................----.............................................5
2. City's Contribution to Health Insurance Premiums....................................................................................................6
a. Employees Hired Prior to August 17. 1998......................-........................................-....-...-.......................................................6
b. —yloyees Hired On or After August 17, 1998................................................................................................ ...................6
C. Year 2001 Premiums......................................................................................................................................................................6
d. Medical Cash-Out......................................................................................................................e....................................................6
3. Section 125 Plan....................................................................................... ......................7
C. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT....................................................................................................7
D. LONG TERM DISABILITY INSURANCE................................................................................................................................7
E. MISCELLANEOUS .................................................................................7
1. City Paid Premiums While On Medical Disability................................................................................--...........---7
2. I_nsuance Benefits Advisory Committee........................................................................................................................8
3. Health Plan Over-Payments......................................................................................................... .............................8
a. Reduction of Employee's Bi-Monthly Salary Warrant...................................................................................................................8
b. Notice of lnelieible Dependents.....................................................................................................................................................8
C. Twelve Month Re_covery Period..................................... ...............................................................................................................8
4. Federal Heal
th Plan....................................................................................................................................................8
ARTICLE XI-RETIREMENT BENEFITS..............................................................................................................................8
A. BENEFITS..........................................................................................................................................................................8
I. Self Funded Supplemental Retirement Benefit............................................................................................................8
2. Medical Insurance for Retirees...................................................................................................................................9
a. Medical_Insurance Upon Retirement..............................................................................................................................................9
b. Premiums Paid Upon Retirement By Use of Unused Sick Leave Benefits.....................................................................................9
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TABLE OF CONTENTS
B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING..............................................................9
1. Employee's Contribution.............................................................................................................................................9
2. Rollover.........
3. Two Percent at Age 55 Formula................................................................................................................................10
4. PERS Level 3 Survivors Ben e rts...............................................................................................................................10
ARTICLEXII-LEAVE BENEFITS........................................................................................................................................1.0
A. GENERAL LEAVE.............................................................................................................................................................10
1. Accrual......................................................................................................................................................................10
2. Eli
sibility and Approval............................................................................................................................................10
3. Receipt of General Leave P ...................................................................................................................................11
4. Conversion to Cash...................................................................................................................................................I
B. HOLIDAYS.......................................................................................................................................................................I I
C. SICK LEAVE....................................................................................................................................................................11
D. BEREAVEMENT LEAVE....................................................................................................................................................13
E. PATERNITY LEAVE--,..................................................................................................................................................13
ARTICLEXHI-CITY RULES................................................................................................................................................14
ARTICLEXIV-MISCELLANEOUS......................................................................................................................................30
A. PHYSICAL ExAMINATION................................................................................................................................................30
B. VEHICLE POLICY.............................................................................................................................................................30
C. DEFERRED COMPENSATION LOAN PROGRAM.................................................................................................................30
ARTICLE XV-CITY COUNCIL APPROVAL.....................................................................................................................31
EXHIBITA-MEO SALARY SCHEDULE.............................................................................................................................32
EXHIBIT B-DELTA DENTAL BROCHURE.......................................................................................................................38
EXHIBIT C-DELTA CARE PLAN BROCHURE.................................................................................................................39
EXHIBIT D-EMPLOYEE HEALTH PLAN BROCHURE..................................................................................................40
EXHIBIT E-RETIREE MEDICAL PLAN..........................--..............................................................................................41
RETIREESUBSIDY MEDICAL PLAN..................................................................................................................................41
SCHEDULEOF BENEFITS.....................................................................................................................................................42
A. Minimum EliQibihbt for Benefits...............................................................................................................................42
B. Disability Retirees.......--.............................................................................................--.......................................42
C. Maximum Monthly Subsidy Payments.......................................................................................................................42
INDEMNITY HEALTH PLAN,EMPLOYEES/RETIREES..................
RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS.....................................................................45
A. Eli ibili ................................................................................................................................. .................................45
B. Benefits..................... ...................................................._...................46
C. Subsidies....................................................................................................................................................................46
D. Medicare................... ....................................................47
E. Cancellation..............................................................................................................................................................47
EXHIBIT F-VEHICLE USEIASSIGNMENT........................................................................................................................49
EXHIBIT G-PHYSICAL EXAMINATION DESCRIPTION..............................................................................................50
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MEO MOU
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF HUNTINGTON BEACH
(Hereinafter called CITY)
and
THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES' ORGANIZATION
(Hereinafter called ORGANIZATION or MEO)
PREAMBLE
This Memorandum of Understanding is entered into by and between the City Of
Huntington Beach, a Municipal Corporation of the State of California, herein called "City",
and the Huntington Beach Management Employees' Organization, a California Organization,
herein called "Association".
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.
WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this
Agreement shall apply to all employees represented by the Association, and
WHEREAS, the representatives of the City and Association desire to reduce their
agreements to writing,
NOW THEREFORE, this Memorandum of Understanding is made, to become effective
December 25, 1999, and it is agreed as follows.
ARTICLE 1 - TERM OF MOU
This Agreement shall be in effect for a period of two (2) years commencing
December 25, 1999, and ending at midnight, December 21, 2001.
ARTICLE II - REPRESENTATIONAL UNITICLASSIFICATIONS
A. It is recognized that Association is the employee association which has the right to
meet and confer in good faith with the City on the behalf of employees whose
classifications are listed in Exhibit A, attached hereto and incorporated by reference
herein.
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B. The City and the Association agree to implement for the term of this agreement the
following change to the Employee/Employer Relations Resolution and accordingly
revise Section 7 of said resolution as described herein:
The proposed change to the Employer-Employee Relations Resolution is as follows:
7.3 Personnel Director Motion of Unit Modification - The Personnel Director may
propose, during the same period for filing a petition for decertification, that an
established unit be modified in accordance with the following procedure:
1. The Personnel Director shall give written notice of the proposed modification(s),
to any affected employee organization and any affected employees.
2. The Personnel Commission shall hold a meeting concerning the proposed
modification(s) at which time all affected employee organizations and employees
shall be heard,
3. Thereafter, the Personnel Commission shall determine the composition of the
appropriate unit or units and shall give written notice of such determination to the
affected employee organizations and any affected employees.
The City Administrator, employee organization or employee aggrieved by an
appropriate unit determination of the Personnel Commission may, within ten (10)
days of notice thereof, request a review of such determination by the
City Council. Within thirty (30) days of receipt of a request to review a unit
determination of the Personnel Commission the City Council shall review the
matter. The City Council's decision shall be final.
4. Except as provided otherwise in this MOU, the salary, benefit and working
conditions specified by this MOU shall be provided to employees in
classifications listed in Exhibit A and have completed or are 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.
ARTICLE III -ARTICLE NUMBER RESERVED
ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT
Except as otherwise expressly provided herein, the adoption of this Memorandum of
Understanding shall not change existing benefits and terms and conditions of employment
which have been established in prior Memoranda of Understanding, and/or provided for in
the Personnel and Departmental Rules of the City of Huntington Beach.
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ARTICLE V - SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this MOU or any additions
or amendments thereof, or the application thereof to any person, is for any reason held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this resolution or its
application to other persons. The City Council hereby declares that it would have adopted
this MOU and each section, subsection, sentence, clause, phrase or portion, and any
additions or amendments thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions, or the application thereof to any
person, be declared invalid or unconstitutional.
ARTICLE VI - SALARY SCHEDULE
A. Salary Schedule
1. Employees shall be compensated at monthly salary rates by classification title
and salary range during the term of this Agreement as set out in Exhibit A,
attached hereto and incorporated herein.
2. Class/Comp Study
The results of the Johnson and Associates study will be implemented with the
pay period beginning December 25, 1999. The designated individuals who have
raised complaints about the process used to reach the results for their positions
will be entitled to review of their complaints by another consultant before
December 31, 2000. The consultant will make recommendations to the City
after reviewing the complaints and the final decisions regarding compensation
for the designated persons will be made by the City. This agreement regarding
another consultant's review of the complaints will be reflected in a side letter.
ARTICLE VII - SPECIAL PAY
A. Educational Tuition:
1. Education costs shall be paid to 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 of
2. Upon approval of the Department Head and the Deputy City Administrator,
Administrative Services, 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 institutional presents the only accredited course or program
within a reasonable commuting distance of the employee.
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3. Tuition reimbursement shall be limited to job related courses or approved degree
objectives and require prior approval by the Department Head and the
Personnel Director.
4. 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. Certification/Skill Pay:
Plan Checker/Building Senior— To receive $250 per month upon attainment of a Civil
Engineer's or Architect's license by the State of California and completion of the
probationary period. (Qualifying employees that possess a Civil Engineer's license
may use the title of Senior Engineer).
C. 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 their bilingual skills may be required to be tested and
certified by the Personnel Director as to their language proficiency in order to be
eligible for said compensation.
ARTICLE VIII - UNIFORMS
City agrees to provide uniforms to employees on active duty who are required to wear
uniforms to the same extent as in the past.
ARTICLE IX - HOURS OF WORK/OVERTIME/ADMINISTRATIVE LEAVE
A, Overtime:
Employees represented herein shall not be eligible for paid overtime compensation.
B. Administrative Leave:
All unit employees shall be entitled to 40 hours of administrative leave upon working
forty (40) additional hours above their regular work schedule per calendar year. Such
employee may earn additional administrative leave, on an hour for hour basis, for
hours worked in excess of seventy-five (75) in a calendar year. Time off for Police
Department fitness programs and flexible scheduling that is agreed to between the
employee and Department Head are exempt from the 75 hour provision.
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ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS
A. Health
1. Medical
a. The City shall continue to provide group medical benefits to all employees
with coverage and benefits comparable to the group medical plans currently
in effect; except that in the year 2001 the Association agrees that only one
HMO may be offered.
b. The coverage and benefits provided under the City Health Plan shall be as
set forth in the Plan Document revised October 1, 1999 and modified 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 $250
per individual and $450 to $500 per family.
2) Annual Out-of-Pocket Maximum — Increase the annual out-of-pocket
maximum (patient responsibility) from $1,000 individual, $2,000 family
to $2,000, $4,000.
3) Re-opener — The City and Association agree to meet and confer on
Year 2001 medical plans and cost on July 1, 2000.
2. Dental
The City shall provide an indemnity dental insurance plan comparable to Delta
Dental Plan (Group Policy #4729, Exhibit B) and a prepaid dental insurance plan
comparable to the Delta Care Plan (Group Policy#4002, Exhibit B).
3. Optical
The City shall provide a Vision Care Plan for employees and their dependents
comparable to the group currently in effect.
B. Eligibility Criteria and Cost
1. City Paid Medical and Dental Insurance - Dependents
The City will assume payment, subject to the limitations set forth in Article X.13.2.
for dependent health and dental insurance effective the first of the month
following the month during which the employee completes one (1) year of full
time continuous service with the City. 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.
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2. City's Contribution to Health Insurance Premiums
a. Employees Hired Prior to August 17, 1998
Effective January 1, 2000, the City shall pay medical, dental and vision
insurance premiums by category and plan as follows:
Monthly delta De[ta vsP
Pr�rnium City Plan Health Net ' PacifiCare Dental C re Safeguard istor}
. .. ..
Employee $283.28 $165.06 $165.06 $36.99 $22.12 $16.20 $17.58
Only
Employee 560.18 361.66 361.55 70.65 37.61 29.16 17.58
+ One
Employee 685.86 476.68 476.68 100.37 57.51 37.22 17.58
+ Family
b. Employees Hired On or After August 17, 1998
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:
Monthly Delta Delta VSP
Pram`ium Dental Care Safeguard (Vision)
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 towards 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. Medical Cash-Out
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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.
3. 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.
C. Life and Accidental Death and Dismemberment
Each employee under age sixty-five (65) shall be provided with $45,000 accidental
death and dismemberment insurance paid for by the City. Each employee shall have
the option, at his or her own expense, to purchase an additional amount of life
insurance in the amount of $25,000, $50,000 or $100,000. Evidence of insurability is
contingent upon total participation in additional amounts.
D. Long Term Disability Insurance
This program provides, for each incident of illness or injury, a waiting period of
thirty (30) calendar days, during which the employee may use accumulated sick
leave, general leave pay, or the employee may elect to be in a non-pay status.
Subsequent to the thirty (30) day waiting period, the employee will be covered by an
insurance plan paid for by the City, providing 66 2/3 percent of the first $10,000 of the
employee's basic monthly earnings.
The maximum benefit period for disability due to accident or sickness shall be to age
65.
Days and months refer to calendar days and months. Benefits under the plan are
integrated with sick leave, Worker's Compensation, Social Security and other non-
private program benefits to which the employee may be entitled. Disability is defined
as: "The inability to perform all of the duties of regular occupation during two years,
and thereafter the inability to engage in any employment or occupation for which he is
fitted by reason of education, training or experience." Rehabilitation benefits are
provided in the event the individual, due to disability, must engage in another
occupation. Survivor's benefits continues plan payment for three (3) months beyond
death. A copy of the plan is on file in the Administrative Services Department.
E. Miscellaneous
1. City Paid Premiums While on Medical Disabili
When an employee is off work without pay for reason of medical disability, the
City shall maintain the City paid employee's insurance premiums during the
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period the employee is in a non-pay status for the length of said leave, not to
exceed twenty-four (24) months.
2. insurance Benefits Advisory Committee
The City and the Association agree to establish and participate in a city-wide
joint labor and management insurance benefits advisory committee to discuss
and study issues relating to insurance benefits available for employees.
3. Health Plan Over-Payments
Unit members shall be responsible for accurately reporting the removal of
ineligible dependents from health plan coverages. The City shall have the right
to recover any premium paid by the City, including premiums to its self-insured
plan, on behalf of ineligible dependents. Recovery of such over-payments shall
be made as follows:
a. Reduction of Employee's Bi-MonthlySala Warrant
The employee's bi-monthly salary warrant shall be reduced by one-half of
the amount of the bi-monthly over-payment, (e.g., if the over-payment is
$150 a month, the bi-monthly contribution would be $75. The employee's
bi-monthly salary payment shall be reduced by $37.50). Such reduction
shall continue until the entire amount of the over-payment is recovered.
b. Notice of Ineli ible Dependents
The City shall use its best efforts to advise all unit members of their
obligation to report changes in the status of dependents which affect their
eligibility.
c. Twelve Month Recovery Period
The City shall be entitled to recover a maximum of twelve (12) months of
premium over-payments. Neither the employee nor the dependent shall be
liable to the City other than as provided herein.
4. Federal Health Plan
In the event the Federal Government enacts a Federal Health Plan that includes
public employees and becomes effective during the life of this agreement, the
parties agree to reopen the Health and Welfare Article and meet and confer
regarding the impact of that plan implementation.
ARTICLE XI - RETIREMENT BENEFITS
A. Benefits
1. Self Funded Supplemental Retirement Benefit
Employees hired prior to August 17, 1998 are eligible for the Self-Funded
Supplemental Retirement Benefit, which provides that:
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a. In the event a member elects Option #2 (Section 21333) or Option #3
(Section 21334) of the Public Employees' Retirement Law, the City shall pay
the difference between such elected option and the unmodified allowance
which the member would have received for his or her life alone. This
payment shall be made only to the member, shall be payable by the City
during the life of the member, and upon that member's death, the City
obligation shall cease. The method of funding this benefit shall be at the
sole discretion of the City. This benefit is vested for employees covered by
this agreement. (Note: The options provide the allowance is payable to the
member until his or her death, and then either the entire allowance
(Option #2) or one-half of the allowance (Option #3) is paid to the
beneficiary for life.)
b. Employees hired on or after August 17, 1998 shall not be eligible for this
benefit referenced in A.1.a. herein above.
2. Medical Insurance for Retirees
a. Medical Insurance Upon Retirement
Upon retirement, whether service or disability, each employee shall have the
following options in regards to medical insurance under City sponsored
plans:
1) With no change in benefits, retirees can stay in any of the plans offered
by the City, at the retiree's own expense, for the maximum time period
required by Federal Law (COBRA), or
2) Retirees retiring after approval of this MOU may participate in the
Retiree Medical Plan, attached hereto as Exhibit E, or either of the
HMO Plans currently being offered to retirees, based upon the eligibility
requirements described in Exhibit E.
b. Premiums Paid Upon Retirement By Use of Unused Leave Benefits
Employees electing to participate in the City's group health insurance
program after retirement may cause the premiums to be paid by the City out
of any available funds due and owing them under the terms of this
agreement for unused sick leave and general leave benefits upon
retirement.
B. Public Employees' Retirement System Reimbursement and Reporting
1. Employee's Contribution
Each employee covered by this Agreement shall continue to be reimbursed once
every two (2) weeks in an amount equal to 7% of the employee's base salary
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(9% for safety employees) as a pickup of the employee's contribution, or portion
of such 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 in
Article Xi(B)(2) of the 1991/1993 MOU 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. Public Employees' Retirement System Level 3 Survivors Benefits
Unit employees shall be covered by the 1959 Level 3 Survivors Benefits.
ARTICLE XII - LEAVE BENEFITS
A. General Leave
1. Accrual
Effective December 24, 1999, employees will cease to accrue sick leave and
vacation leave, and the Long-Term Disability insurance waiting period shall be
reduced from 60 to 30 days. Instead, employees will begin accruing general
leave at the accrual rates outlined below. General leave may be used for any
purpose, including vacation, sick leave, and personal leave. Vacation time
accrued through December 24, 1999 will be added to the employee's general
leave account effective December 25, 1999. General leave shall be accrued as
follows:
-
.
_.
Years vf'Service General Leave Allowance
.... .......
. . ..... ...... .. .........
First through Fourth Year 176 Hours
Fifth through Ninth Year 200 Hours
Tenth through Fourteenth Year 224 Hours
Fifteenth Year and Thereafter 256 Hours
2. Eligibility and Approval
Accrued general leave may be taken after six (6) months' service. General
leave accrued time is to be computed from hiring date anniversary. Members
shall not be permitted to take general leave in excess of actual time earned.
Effective December 25, 1999, members shall not accrue general leave in excess
of six hundred hours (600). Employees may not use their general leave to
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advance their separation date on retirement or other separation from
employment. General leave must be pre-approved except for illness, injury or
family sickness which may require a physician's statement for approval.
3. Receipt of General Leave Pav
Upon one (1) week's written notification to the Deputy City
Administrator/Administrative Services, an employee represented herein shall be
entitled to receive general leave pay, less deductions, in advance, prior to his
regularly scheduled annual vacation. Such advancements are limited to one
during each calendar year.
4. Conversion to Cash
Once during each fiscal year, each employee shall have the option to convert
into a cash payment or deferred compensation up to a total of one hundred
twenty (120) hours of earned general leave benefits. The employee shall give
two (2) weeks advance notice of his/her desire to exercise such option.
B. Holidays
The following are paid holidays:
1. New Year's Day
2. Martin Luther King Jr., (third Monday in January)
3. Presidents Day (third Monday in February
4. Memorial Day (last Monday in May)
5. Independence Day (July 4)
6. Labor Day (first Monday in September)
7. Veteran's Day (November 11)
8. Thanksgiving Day (fourth Thursday in November)
9. The Friday after Thanksgiving
10. Christmas Day (December 25)
11. Any day declared by the President of the United States to be a national holiday
and adopted as an employee holiday by the City Council of Huntington Beach.
Holidays which fall on Saturday shall be observed the preceding Friday, and
those falling on Sunday shall be observed the fallowing Monday.
C. Sick Leave
1. Accrual — No employee shall accrue sick leave after December 24, 1999.
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2. Credit— Employees hired prior to December 25, 1999 shall be credited with their
sick leave accrued as of December 24, 1999.
3. Usage --- Employees may use accrued sick leave for the same purposes for
which it was used prior to December 25, 1999.
4. Family Sick Leave — Sick leave may be used for an absence due to illness of the
employee's spouse or child when the employee's presence is required at home,
provided that such absences shall be limited to five (5) days per calendar year.
5. Pay Off At Termination
a. Employees covered by this agreement and on the payroll on
November 20, 1978 shall be entitled to the following sick leave payoff plan:
At involuntary termination by reason of disability, or by death, or by
retirement, employees shall be compensated at their then current rate of pay
for seventy-five percent (75%) of all unused sick leave accumulated as of
July 1, 1972, plus fifty percent (50%) of unused sick leave accumulated
subsequent to July 1, 1972, up to a maximum of 720 hours of unused,
accumulated sick leave, except as provided in paragraph 4 below.
Upon termination for any other reason, employees shall be compensated at
their then current rate of pay for fifty percent (50%) of all unused,
accumulated sick leave, up to a maximum of 720 hours of such accumulated
sick leave.
b. Employees hired after November 20, 1978 shall be entitled to the following
sick leave payoff plan:
Upon termination, all employees shall be paid, at their then current salary
rate, for twenty-five percent (25%) of unused, earned sick leave to 480 hours
accrued, and for thirty-five percent (35%) of all unused, earned sick leave in
excess of 480 hours, but not to exceed 720 hours, except as provided in
paragraph 4 below.
c. Except as provided in paragraph 4 below, no employee shall be paid at
termination for more than 720 hours of unused, accumulated sick leave.
However, employees may utilize accumulated sick leave on the basis of "last
in, first out" meaning that sick leave accumulated in excess of the maximum
for payoff may be utilized first for sick leave, as defined in Personnel Rule 18-
8.
d. Employees who had unused, accumulated sick leave in excess of 720 hours
as of July 5, 1980, shall be compensated for such excess sick leave
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remaining on termination under the formulas described in paragraphs 1 and
2 above. In no event shall any employee be compensated upon termination
for any accumulated sick leave in excess of the "cap" established by this
paragraph (i.e., 720 hours plus the amount over 720 hours existing on July 5,
1980). Employees may continue to utilize sick leave accrued after that date
in excess of such "cap" on a "last in, first out" basis.
e. To the extent that any "capped" amount of excess sick leave over 720 hours
is utilized, the maximum compensable amount shall be correspondingly
reduced. (Example: Employee had 1,000 hours accumulated. Six months
after July 5, 1980, employee has accumulated another 48 hours. Employee
is then sick for 120 hours. Employee's maximum sick leave "cap" for
compensation at termination is now reduced by 72 hours to 928 hours.)
f. Employees electing to participate in the City's group health insurance
program after retirement may cause the premiums to be paid by the City out
of any available funds due and owing them under the terms of this
agreement for unused sick leave benefits upon retirement.
D. Bereavement Leave
Employees shall be entitled to bereavement leave not to exceed three (3) working
days in case of death in the immediate family. "Immediate family" is defined as
spouse, father, stepfather, mother, stepmother, sisters, brothers, stepsisters,
stepbrothers, mother-in-law, father-in-law, children, stepchildren, and grandparents,
grandchildren of the employee or spouse.
E. 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.
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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.
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2. Rule 7 — Discipline
a) 7-2 — Causes for Discipline
12) Possession, use or sale of illegal narcotics or habit-forming drugs,
while on-duty or on City property.
14) Conviction of any felony or a misdemeanor with a job nexus. A plea
or verdict of guilt, or a conviction following a plea of nolo contendere,
is deemed to be a conviction within the meaning of this section.
15) Participating in an unlawful strike, work stoppage, slowdown, or
using or attempting to use sick leave to accomplish the same
purpose as a strike, work stoppage, or slowdown.
3. Rule 8 —Termination
a) 8-1 — Medical Examination. Evaluation of Employee's Work Ca aci .
Demotion Transfer or Termination of Appointment
At any time a department head has reasonable cause to believe that an
employee may not be able to perform the duties of his/her position for
physical or psychological reasons, such department head shall consult with
the Personnel Director regarding such belief. If the Personnel Director
concurs, the department head may order the employee to submit to a
medical or psychological examination. The employee shall be offered the
opportunity, in writing, to select from a panel of three to five physicians or
psychologists to conduct the examination. The cost of such examination
shall be paid by the City and, to the extent practicable, shall be scheduled
during the work hours with no loss of pay.
The 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 he/she has applied,
he/she will be placed in such position, without competitive examination,
subject to the approval of the department head.
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(The City and Association agree to meet biannually to discuss the 8-1
process).
b) 8-3 -_Layoff in Accordance with Length of Service
The City and the Association agree that the first sentence in Personnel
Rule 8-3 shall be modified to read as follows: Layoff shall be made in
accordance with the relative length of the last period of continuous service
of the employees in the class of layoff, provided, however, that no
permanent employee shall be laid off until all temporary, acting and
probationary employees in the competitive service holding positions in the
same class are first laid off.
c) 8-11 — Re-Employment
With the approval of the Personnel Director, an employee who has
resigned in good standing from the competitive service may be re-
employed to his/her former position, if vacant, or to a vacant position in the
same or comparable class within one (1) year from date of resignation in
accordance with Rule 5-21. If such re-employment commences within
ninety days of the effective date of resignation, the employee shall not be
considered a new employee for vacation and seniority purposes.
4. Rule 12 — Classification Plan
a) 12-1 0-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.
5. Rule 14 —Additional Pay and Pay Adjustments
a) 14-6 — Salary Advancements to Meet Recruiting Problems or to Give Credit
for Prior Service. Application for Other Advancements
The Department Head, through the 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)
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for the adjustment, whether the advancement is to be permanent or
temporary, and an effective date.
6. Rule 18 —Attendance and Leaves
a) 18-16 — Industrial Accident Leave
In the event a permanent employee, who is a miscellaneous member of the
Public Employees' Retirement System (PERS), is temporarily totally
disabled as a result of an injury or illness arising out of and in the course of
employment and covered by the State of California Workers' Compensation
Insurance and Safety Act, resulting light duty assignments due to the injury
or illness or absences from work shall be considered Industrial Accident
Leave as that term is defined by this rule.
A permanent employee eligible for Industrial Accident Leave shall receive
compensation from the City in an amount equal to the employee's regular
rate of salary during such period of temporary total disability. Benefits
received under this rule shall be in lieu of statutory Workers' Compensation
benefits. Industrial Accident Leave shall continue during all absences
resulting from the injury or illness, including those absences attributable to
doctor's appointments, therapy, or other follow-up medical visits, but in no
case exceeding one year of accumulated absences attributable to the
same injury or illness. In the event an employee is temporarily, totally
disabled by coinciding qualifying injuries or illnesses, periods of absences
shall be applied concurrently to all qualifying injuries or illnesses.
Industrial Accident Leave compensation shall begin on the first day an
eligible employee is absent due to a qualifying injury or illness as defined
above. Industrial accident Leave compensation will terminate on the
earliest of the following:
1) The date upon which the injury or illness giving rise to eligibility for
compensation under this rule is declared permanent and stationary by
a treating or examining physician; or
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
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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.
b) 18-19 — Maternity Leave
The City and the Association agree to modify the present Personnel Rule
18-19 Maternity Leave to read as follows: "A permanent employee shall be
entitled to a leave of absence without pay due to inability to work due to
pregnancy. The employee will be entitled to use available sick leave during
this period. Said leave must be requested in writing from the Department
Head and must include written notification from the employees physician
stating the last day the employee may work and the estimated duration of
leave. The employee must obtain written authorization to return to work
from the attending physician. Said authorization must be filed with the
Department Head and the Personnel Director."
c) 18-20 - Leave of Absence without Pay
The City and the Association agree that the following sub-paragraph "C"
shall be added to Personnel Rule 18-20. Leave of Absence without
Pay: Leave of absence without pay, for medical disability reasons, shall be
restricted to six (6) months.
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7. Rule 19 — Grievance Procedure Non-Disciplinary Matters
a) 19-5 Grievance Procedure
1) Step 4 — City Administrator
If the grievance is not settled under Step 3, the grievance may be
presented to the City Administrator in accordance with the following
procedure: Within fifteen (15) days after the time the decision is
rendered under Step 3 above, a written statement of the grievance
shall be filed with the Personnel Director who shall act as hearing
officer and shall set the matter for hearing within fifteen (15) days
thereafter and shall cause notice to be served upon all interested
parties. The Personnel Director, or his representative, shall hear the
matter de novo and shall make recommended findings, conclusions
and decision in the form of a written report and recommendation to
the City Administrator within five (5) days following such hearing.
The City Administrator may, in his discretion, receive additional
evidence or argument by setting the matter for hearing within ten
(10) days following his receipt of such report and causing notice of
such hearing to be served upon all interested parties.
Within five (5) days after receipt of report, or the hearing provided for
above, if such hearing is set by the City Administrator, the City
Administrator shall make written decision and cause such to be
served upon the employee or employee organization and the
Personnel Director.
2) Step 5 — Personnel„Board Hearing
Hearing. As soon as practicable thereafter, the Personnel Director
shall set the matter for hearing before a hearing officer either
selected by mutual consent of the parties or from a list provided by
the Personnel Commission. Ratification of the hearing officer
selected by mutual consent of the parties, if from a list approved by
the Personnel Commission, shall not require separate approval or-
ratification by the Personnel Commission. The hearing officer shall
hear the case and make recommended findings, conclusions and
decision in the form of a written report and recommendation to the
Personnel Commission. In lieu of the hearing officer process, the
Personnel Commission may agree to hear a case directly upon
submission of the case by mutual consent of the parties.
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8. Rule 20 — Disci ling "ems 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 — Disci ling Procedures
1) Notice of Proposed Adverse Action
For disciplinary demotions, suspensions or dismissals, an employee
shall be g4aR served a written Notice of Proposed Adverse Action
by the employee's department head, or his/her designee, or by
certified mail, prior to the proposed disciplinary action taking effect.
The notice shall state the reasons for and charges upon which the
proposed action is based, and the effective date of the action the
right to respond and the employer's right to representation. A copy
of all materials upon which the proposed action is based shall be
attached to the notice.
2) Employee's Right to Respond
The employee shall be given a minimum of ten (10) calendar days to
respond orally and/or in writing to the charges upon which the
proposed action is based. The employee's response shall be made
to and/or before his/her department head.
3) Time Off
The employee shall be given reasonable time off with pay to attend
disciplinary meetings.
4) Final Notice of Decision
After an employee has responded to or waived his/her right to
respond to the proposed adverse action, the employee shall be
served with a final Notice of Decision from his/her department head.
The final written Notice of Decision shall state whether or not the
proposed action shall be taken or modified, and the reasons
therefore and effective date or the action.
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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
nova 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.
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.
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9. Rule 21 — Grievance Procedures - General
a) 21-7 Hearing Officers
The hearing officer provided for in Rules 19 and 20 shall be from a list
provided by the Personnel Commission or one selected by mutual consent
of the parties.
b) 21-12 Time. Extension 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.
c) 21-13 Time Extension Grievances
The City and the employee, or employee organization may, by mutual
consent, extend the time periods within which an act must occur in the
processing of grievances.
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) 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:
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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.
Following the Personnel Commission's determination of the
composition of the appropriate Unit or Units, it shall give written notice
of such determination to all affected employee organizations;
4) Any party who chooses to appeal from the decision of the Personnel
Commission is entitled to appeal in accordance with the provision of
Section 14-4 of Resolution Number 3335.
C. Rules Governing Layoff, Reduction in Lieu of Layoff and Re-Employment
1. Part 1 — Layoff Procedure
a) General Provisions
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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.
c. Transfer or Reduction to Vacancies in Lieu of Layoff
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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 Layoff
a) Prior to implementing a layoff, vacant positions that are authorized to be
filled shall be identified by Citywide occupational series. If the employee
refuses to accept a position pursuant to Section 3., above, the employee
shall be laid off.
b) No promotional probationary employee or permanent employee within a
class in the department shall be laid off until all temporary, nonpermanent
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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 as soon
as possible but in no case later than five (5) calendar days after the
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personal service or certified mail delivery. Disputes regarding date of hire or
service credit shall be jointly reviewed by the Personnel Director and the
employee and/or the employee's representative as soon as possible, but in
no case later than five (5) calendar days from the date the employee
notifies the Personnel Director of the dispute. Within five (5) calendar days
after the dispute is reviewed, the employee shall be notified in writing of the
decision.
4. Part 2 — Bumping Rights
a) Voluntary Reduction or Bumping in Lieu of Layoff
1) A promotional probationary employee or permanent employee who
receives a layoff notice may request a reduction to a position in a lower
class within the occupational series provided the employee possesses
the necessary qualifications to perform the duties of the position.
2) Employees electing reduction under A above, shall be reduced to a
position authorized to be filled in a lower class within the employee's
occupational series. The employee may reduce to a lower class in
his/her occupational series by: 1) filling a vacancy in that class, or 2) if
no vacancy exists, displacing the employee in the class with the least
service credit whose position the employee has the necessary
qualifications to perform. A displaced employee shall have bumping
rights.
3) An employee who receives a layoff notice must exercise bumping
rights within seven (7) calendar days of receipt of the notice as
specified in Part 1. Failure to respond within the time limit shall result in
a reputable presumption that the employee does not intend to exercise
any right of reduction or bumping to a lower class. The employee must
carry the burden of proof to show that the employee's failure to
respond within the time limits was reasonable. If the employee
establishes that failure to respond within the time limit was reasonable,
to the Personnel Director's 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.
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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.
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2) Names of persons placed on the reemployment lists shall remain on
the list for two (2) years from the date of layoff or reduction.
3) Vacancies shall be filled from the reemployment list for a class, starting
at 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.
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f) The probationary status of the employee shall resume if
incomplete.
2) Employees who have been reduced in class to avoid layoff and are
returned within two (2) years to their former class shall be placed at the
salary step of the class they held at the time of reduction and have their
merit increase eligibility date recalculated.
ARTICLE XIV - MISCELLANEOUS
A. Physical Examination
Employees covered by this agreement shall be provided, once every two years, with
a city paid physical examination. Said exam shall be comprehensive in nature and
shall include:
1. A complete medical history, physical exam, laboratory testing and review of
results by a physician. (See Exhibit G, Physical Exam Description.)
2. A stress EKG will be provided for employees forty (40) years of age or older.
No more than one-half of the eligible employees shall receive examinations in
any one fiscal year.
B. Vehicle Policy
1. The auto allowance for qualifying employees shall be $350 per month.
2. No unit employee shall have their automobile allowance eliminated until the
City's Fleet Management Policy is re-negotiated.
3. Eligibility for automobile allowance shall be determined in accordance with the
City's Fleet Management Program dated August, 1999.
C. 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.
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ARTICLE XV - CITY COUNCIL APPROVAL
It is the understanding of the City and the Association that this Memorandum of
Understanding is of no force or effect unless and until adopted by resolution of the City
Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this 181 day of January, 2000.
HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH MANAGEMENT EMPLOYEES
A Municipal Corporation ORGANIZATION
By: IzIl
By�
Ra ilver Michael Mudd, MEO President
City Administrator
By: By: ` •
hn P. Reekstin Colleen Keith
dministrative Services Director
By: �� �- . '2- �e
William H. Osness amb
Personnel Director
B .
Paul Crost
MEO Negotiator
APPROVED AS TO FORM
By:
Gail Hutton
City Attorney
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EXHIBIT A
CITY OF HUNTINGTON BEACH
MANAGEMENT EMPLOYEES' ORGANIZATION SALARY SCHEDULE
EFFECTIVE DECEMBER 25, 1999
Job Code Classification Range A B C D E
0226 ccountant, Principal 514 4905 5176 5460 5760 6077
dministrative Analyst, Principal 526 5210 5496 5798 6117 6453
7249 Administrative Analyst, Senior 507 4739 4999 5275 5564 5871
1229 Assistant City Attorney 596 7387 7793 8221 8674 9150
2206 Assistant City Clerk 455 3657 3858 4070 4293 4529
0210 City Engineer 599 7498 7911 8346 8805 9289
1209 -Civil Engineer, Associate 524 5157 5441 5741 6056 6389
1260 Civil Engineer, Principal 543 5671 5983 6313 6659 7025
1255 'laims Supervisor 517 4980 5254 5543 5848 6171
1262 3onstruction Manager 531 5342 5635 5945 6273 6618
1203 Community Services Manager 512 4857 5124 5406 5704 6018
1245 Contract Administrator 507 4739 4999 5275 5564 5871
1210 Criminalist, Chief 549 5843 6164 6503 6861 7238
0265 Criminalist, Supervisor 521 5084 5363 5658 5968 6295
1235 Deputy Attorney 1 512 4857 5124 5406 5704 6018
1233 Deputy Attorney 11 549 5843 6164 6503 6861 7238
1230 Deputy Attorney II1 577 6722 7091 7481 7892 8325
1208 Deputy City Engineer 571 6523 6881 7259 7658 8079
1250 Deputy City Treasurer 555 6020 6351 6699 7069 7457
0241 Deputy Director, Public Works 599 7498 7911 8346 8805 9289
0223 Deputy Director, Rec. Beach 577 6722 7091 7481 7892 8325
Development
0249 Economic Development Project 530 5314 5607 5916 6242 6585
Manager
0246 Economic Develop Project Mgr., 499 4553 4803 5067 5346 5640
Assistant
0290 Finance Officer 575 6653 7018 7405 7812 8242
2203 Fire Medical Coordinator 507 4739 4999 5275 5564 5871
2201 Fire Protection Analyst 507 4739 4999 5275 5564 5871
3636 Geographic Information Systems 524 5157 5441 5741 6056 6389
Manager
0205 Housing & Redevelopment 550 5872 6195 6536 6895 7275
Manager
Information Systems Analyst IV 519 5032 5309 5600 5909 6233
Information Systems Analyst V 538 5531 5836 6157 6495 6852
Information Systems Analyst, 547 5782 6101 6438 6791 7166
Principal
0247 Information Systems Manager 575 6653 7018 7405 7812 8242
1205 Information Systems Manager, 556 6049 6382 6734 7105 7495
Police
1216 linspection Manager 543 5671 5983 6313 6659 7025
1212 linspector, Electrical Principal 496 4488 4734 4994 5268 5557
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EXHIBIT A
CITY OF HUNTINGTON BEACH
MANAGEMENT EMPLOYEES' ORGANIZATION SALARY SCHEDULE
EFFECTIVE DECEMBER 25, 1999
Job Code Classification Range A B C D B
1217 Inspector, Plumbing/Mechanical 496 4488 4734 4994 5268 5557
Principal
1214 Inspector, Plumbing/Mechanical 486 4267 4501 4749 5011 5287
Chief
5210 Investigator 479 4118 4345 4585 4838 5105
3210 Landscape Architect 507 4739 4999 5275 5564 5871
1258 Law Office Manager T 483 4205 4436 4680 4937 5209
Law Office Manager 452 3602 3799 4009 4229 4462
1218 Librarian, Senior 470 3940 4157 4385 4626 4881
1204 Library Services Mana er 528 5262 5552 5857 6179 6519
0230 Maintenance Operations 553 5959 6287 6633 6999 7384
Manager
0233 Marine Safety Division Chief 549 5843 6164 6503 6861 7238
1263 Permit and Plan Check Manager 552 5931 6257 6602 6965 7348
1266 Plan Checker Building, Senior 524 5157 5441 5741 6056 6389
1211 Planner, Associate 499 4553 4803 5067 5346 5640
1214 Planner, Principal 550 5872 6195 6536 6895 7275
0243 Planner, Senior 530 5314 5607 5916 6242 6585
0203 Police Communications 510 4810 5075 5354 5649 5959
Manager
1239 Purchasing and Central Services 516 4956 5228 5515 5819 6139
Manager
0262 Real Estate Services Manager 558 6110 6446 6802 7176 7571
1256 Real Property Agent 530 5314 5607 5916 6242 6585
1257 Records Administrator, Police 510 4810 5075 5354 5649 5959
0286 Risk Manager 558 6110 6446 6802 7176 7571
0257 Superintendent, 545 5727 6042 6375 6725 7095
Pa rks/Trees/Landscape
0260 Superintendent, 549 5803 6162 6503 6861 7238
Recreation/Human Svcs
0264 Supervisor, Beach Operations 509 4787 5051 5328 5621 5930
0272 Supervisor, Building 509 4787 5051 5328 5621 5930
Maintenance
1213 Supervisor, 515 4931 5202 5488 5789 6108
ambination/Structural Inspec.
0273 Supervisor, Mechanical 509 4787 5051 5328 5621 5930
Maintenance
2283 Supervisor, Parking and 496 4488 4734 4994 5268 5557
Camping Facilities
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EXHIBIT A
CITY OF HUNTINGTON BEACH
MANAGEMENT EMPLOYEES' ORGANIZATION SALARY SCHEDULE
EFFECTIVE DECEMBER 25, '1999
Job Code Classification Range A B C D E
0274 Supervisor, Parks Maintenance 509 4787 5051 5328 5621 5930
0266 Supervisor, Recreation, Senior 496 4488 4734 4994 5268 5557
0275 Supervisor, Street/Sewer 509 4787 5051 5328 5621 6930
Maintenance
0277 Supervisor, St Tree Lndscp/Pest 509 4787 5051 5328 5621 5930
Control
1237 Supervisor, Systems and 547 5782 6101 6438 6791 7166
Programming
0279 Supervisor, Water Distribution 509 4787 5051 5328 5621 5930
0280 Supervisor, Water Production 509 4787 5051 5328 5621 5930
Systems Analyst 500 4576 4827 5091 5373 5668
023$ Transportation Manager 568 6425 6779 7152 7545 7959
0239 [Traffic Engineer, Associate 525 5184 5469 5769 6086 6420
0258 Water Operations Manager 573 6587 6949 7330 7734 8159
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EXHIBIT A
CITY OF HUNTINGTON BEACH
MANAGEMENT EMPLOYEES' ORGANIZATION SALARY SCHEDULE
EFFECTIVE DECEMBER 23, 2000
Job Code Classification Range A B C D E
0226 Accountant, Principal 520 5058 5335 5628 5938 6264
Administrative Analyst, Principal 532 5368 5663 5975 6304 6651
7249 Administrative Analyst, Senior 513 4883 5151 5434 5732 6048
1229 Assistant City Attorney 602 7611 8029 8471 8937 9429
2206 Assistant City Clerk 501 4599 4852 5119 5399 5696
0210 City Engineer 605 7724 8148 8597 9071 9570
1209 Civil Engineer, Associate 530 5314 5607 5916 6242 6585
1260 Civil Engineer, Principal 549 5843 6164 6503 6861 7238
1255 Claims Supervisor 523 5132 5415 5713 6027 6358
1262 Construction Manager 537 5503 5807 6126 6462 6817
1203 Community Services Manager 518 5004 5280 5571 5878 6202
1245 Contract Administrator 513 4883 5151 5434 5732 6048
1210 Criminalist, Chief 555 6020 6351 6699 7069 7457
0265 Criminalist, Supervisor 527 5236 5524 5827 6148 6486
1235 Deputy Attorney 1 518 5004 5280 5571 5878 6202
1233 Deputy Attorney II 555 6020 6351 6699 7069 7457
1230 Deputy Attorney III 583 6921 7303 7705 8129 8577
1208 Deputy City Engineer 577 6722 7091 7481 7892 8325
1250 Deputy City Treasurer 561 6204 6545 6906 7285 7686
0241 Deputy Director, Public Works 605 7724 8148 8597 9071 9570
0223 Deputy Director, Rec. Beach 583 6921 7303 7705 8129 8577
Development
0249 Economic Development Project 536 5476 5777 6094 6429 6783
Manager
0246 Economic Develop Project Mgr., 505 4690 4949 5221 5509 5812
Assistant
0290 Finance Officer 581 6855 7233 7630 8050 8492
2203 Fire Medical Coordinator 513 4883 5151 5434 5732 6048
2201 Fire Protection Analyst 513 4883 5151 5434 5732 6048
3636 Geographic Information Systems 530 5314 5607 5916 6242 6585
Manager
0205 Housing & Redevelopment 556 6049 6382 6734 7105 7495
Manager
Information Systems Analyst IV 525 5184 5469 5769 6086 6420
Information Systems Analyst V 544 5699 6013 6344 6692 7060
Information Systems Analyst, 553 5959 6287 6633 6999 7384
Principal
0247 Information Systems Manager 581 6855 7233 7630 8050 8492
1205 Information Systems Manager, 562 6235 6578 6940 7322 7724
Police
1216 Inspection Manager 549 5843 6164 6503 6861 7238
1212 Inspector, Electrical Principal 502 4619 4874 5143 5425 5723
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EXHIBIT A
CITY OF HUNTINGTON BEACH
MANAGEMENT EMPLOYEES' ORGANIZATION SALARY SCHEDULE
EFFECTIVE DECEMBER 23, 2000
Job Code Classification Range A B C D E
1217 Inspector, Plumbing/Mechanical 502 4619 4874 5143 5425 5723
Principal
1214 Inspector, Plumbing/Mechanical 492 4396 4638 4893 5162 5446
Chief
5210 Investigator 485 4247 4481 4727 4987 5261
3210 Landscape Architect 513 4883 5151 5434 5732 6048
1258 Law Office Manager T 489 4332 4569 4820 5086 5365
Law Office Manager 458 3226 3403 3590 3787 3995
1218 Librarian, Senior 476 4058 4281 4517 4765 5027
1204 Library Services Manager 534 5482 5720 6035 6367 6717
0230 Maintenance Operations 559 6141 6479 6836 7212 7609
Manager
0233 Marine Safety Division Chief 555 6020 6351 6699 7069 7457
1263 Permit and Plan Check Manager 558 6110 6446 6802 7176 7571
1266 Plan Checker Building, Senior 530 5314 5607 5916 6242 6585
1211 Planner, Associate 505 4690 4949 5221 5509 5812
1214 Planner, Principal 556 6050 6382 6734 7105 7495
0243 Planner, Senior 536 5476 5777 6094 6429 6783
0203 Police Communications Manager 516 4956 5228 5515 5819 6139
1239 Purchasing and Central Services 522 5108 5389 5685 5997 6326
Manager
0262 Real Estate Services Manager 564 6295 6642 7008 7393 7800
1256 Real Property Agent 536 5476 5777 6094 6429 6783
1257 Records Administrator, Police 516 4956 5228 5515 5819 6139
0286 Risk Manager 564 6295 6642 7008 7393 7800
0257 Superintendent, 551 5902 6226 6569 6930 7311
Parks/Trees/Landscape
0260 Superintendent, 555 6020 6351 6699 7069 7457
Recreation/Human Svcs
0264 Supervisor, Beach Operations 515 4931 5202 5488 5789 6108
0272 Supervisor, Building Maintenance 515 4931 5202 5488 5789 6108
1213 Supervisor, 521 5084 5363 5658 5968 6295
Combination/Structural Inspec.
0273 Supervisor, Mechanical 515 4931 5202 5488 5789 6108
Maintenance
2283 Supervisor, Parking and Camping 502 4619 4874 5143 5425 5723
Facilities
0274 Supervisor, Parks Maintenance 515 4931 5202 5488 5789 6108
0266 Supervisor, Recreation, Senior 502 4619 4874 5143 5425 5723
0275 Supervisor, Street/Sewer 515 4931 5202 5488 5789 6108
Maintenance
0277 Supervisor, St Tree Lndscp/Pest 515 4931 5202 5488 5789 6108
Control
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EXHIBIT A
CITY OF HUNTINGTON BEACH
MANAGEMENT EMPLOYEES' ORGANIZATION SALARY SCHEDULE
EFFECTIVE DECEMBER 23, 2000
Job Code Classification Range A B C D E
1237 Supervisor, Systems and 553 5959 6287 6633 6999 7384
Programming
0279 Supervisor, Water Distribution 515 4931 5202 5488 5789 6108
0280 Supervisor, Water Production 515 4931 5202 5488 5789 6108
Systems Analyst 506 4713 4973 5247 5536 5841
0238 ransportation Manager 574 6618 6982 7367 7772 8200
0239 Traffic Engineer, Associate 531 5342 5635 5945 6273 6618
0258 Water Operations Manager 579 6788 7160 7554 7970 8408
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EXHIBIT B
DELTA DENTAL PLAN BROCHURE
A copy of the Delta Dental Plan Brochure
may be obtained from the
Personnel Division
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EXHIBIT C
DELTA DENTAL CARE PLAN BROCHURE
A copy of the Delta Care Plan Brochure
may be obtained from the
Personnel Division
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EXHIBIT D
EMPLOYEE HEALTH PLAN BROCHURE
A copy of the Employee Health Plan Brochure
may be obtained from the
Insurance and Benefits Division
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EXHIBIT E
RETIREE SUBSIDY MEDICAL PLAN
An employee who has retired from the City shall be entitled to participate in the City sponsored
medical insurance plans and the City shall contribute toward monthly premiums for coverage in
an amount as specified in accordance with this Plan, provided:
A. At the time of retirement the employee has a minimum of ten (10) years of continuous
City service or is granted an industrial disability retirement; and
B. At the time of retirement, the employee is employed by the City; and
C. Following official separation from the City, the employee is granted a retirement
allowance by the California Public Employees' Retirement System.
The City's obligation to pay the monthly premium as indicated shall be modified
downward or cease during the lifetime of the retiree upon the occurrence of any one of
the following:
1. During any period the retired employee is eligible to receive or receives
health insurance coverage at the expense of another employer, the
payment will be suspended. "Another employer" as used herein means
private employer or public employer or the employer of a spouse. As a
condition of being eligible to receive the premium contribution as set forth in
this plan, the City shall have the right to require any retiree to annually
certify that the retiree is not receiving or eligible to receive any such health
insurance benefits from another employer. If it is later discovered that a
misrepresentation has occurred, the retiree will be responsible for
reimbursement of those amounts inappropriately expended and the retiree's
eligibility to receive further benefits will cease.
2. On the first of the month in which a retiree or dependent reaches age 65 or
on the date the retiree or dependent can first apply and become eligible,
automatically or voluntarily, for medical coverage under Medicare (whether
or not such application is made) the City's obligation to pay monthly
premiums may be adjusted downward or eliminated. Benefit coverage at
age 65 under the City's medical plans shall be governed by applicable plan
document.
3. In the event the Federal Government or State Government mandates an
employer-funded health plan or program for retirees, or mandates that the
City make contributions toward a health plan (either private or public) for
retirees, the City's contribution rate as set forth in this plan shall first be
applied to the mandatory plan. If there is any excess, that excess may be
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applied toward the City medical plan as supplemental coverage provided
the retired employee pays the balance necessary for such coverage, if any.
4. In the event of the death of any employee, whether retired or not, the
amount of the retiree medical insurance subsidy benefit which the
deceased employee was receiving at the time of his/her death would be
eligible to receive if he/she were retired at the time of death, shall be paid
on behalf of the spouse or family for a period not to exceed twelve (12)
months.
SCHEDULE OF BENEFITS
A. Minimum Eligibility for Benefits - With the exception of an industrial disability
retirement, eligibility for benefits begin after an employee has completed ten (10) years of
continuous service with the City of Huntington Beach. Said service must be continuous unless
prior service is reinstated at the time of his/her rehire in accordance with the City's Personnel
Rules.
B. Disability Retirees - Industrial disability retirees with less than ten (10) years of
service shall receive a maximum monthly payment toward the premium for health insurance of
$121. Payments shall be in accordance with the stipulations and conditions which exist for all
retirees. Payment shall not exceed dollar amount which is equal to the full cost of premium for
employee only.
C. Maximum_ Monthly Subsidy Payments - All retirees, including those retired as a
result of disability whose number of years of service prior to retirement exceeds ten (10), shall
be entitled to maximum monthly payment of premiums by the City for each year of completed
City service as follows:
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Maximum Monthly Payment
for Retirements After.
Years of Service 10/1192
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.
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INDEMNITY HEALTH PLAN, EMPLOYEES/RETIREES'
YEAR 2000
City Plan - Employees
Non-Subsidized Retirees City Plan - Subsidized
Benefitsl COBRA-eligibles Retirees
Deductible per person $150 $200
Deductible per family $450 $500
Maximum Out of Pocket $2000 per person $1500 per person
$4000 per family $3000 per family
Note: Retirees who elect to participate in HealthNet or Pacificare shall be entitled to benefits of
the program chosen.
' This summary lists only those benefit provisions that differ between active and subsidized Retiree Plans, The
Employee Health Plan Document should be consulted for detailed questions about specific benefits. Benefits are
subject to modification through the meet and confer process.
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RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS
A. Eli ibili
1. The effective start-up date of the Retiree Subsidy Medical Plan for the
various employee groups shall be the first of the month following retirement
date.
2. A retiree may change plans, add dependents, etc., during annual open
enrollment. Personnel shall notify covered retirees of this opportunity each
year.
3. Years of service computed for the Retiree Subsidy Medical Plan are actual
years of completed service with the City of Huntington Beach.
4. When a retiree is eligible for medical plan coverage at the expense of
another employer due to post-retirement employment of the retiree or
spouse of the retiree, the retiree and his/her spouse must take that
coverage regardless of benefit level and shall be deleted from any City Plan
coverage. Exceptions to this requirement are limited to the following:
a. A retiree is not required to enroll in such "other" medical plan coverage
if there is significant disparity between the benefits provided by the
"other" medical plan and the Retiree Subsidy Medical Plan as defined
below. "Significant disparity" means coverage available under the
"other' medical plan is restrictive or limited in one or more of the
following ways:
1) No in-patient hospitalization coverage.
2) No major medical benefits
3) Annual deductible is $1,000 or greater per person.
4) Major medical benefits are paid at 60% or less of covered
expenses.
b. The Risk Manager will have the authority to provide additional
exceptions following review of the "other' medical plan policy.
Exceptions will be made only if the "other" medical plan benefit
provisions are comparable to the guidelines under B above.
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c. Miscellaneous Provisions:
1. Benefits provided under the Retiree Subsidy Medical Plan will
be coordinated with the "other" medical plan as the primary
carrier.
2. The City shall have the right to require any retiree to provide a
copy of the "other" medical plan policy for review by the
Risk Manager.
5. When a retiree becomes eligible for the other group coverage and then
becomes no longer eligible, he/she may have the subsidy reinstated and
regain Retiree Subsidy Medical Plan coverage.
6. Dependents of a retiree may follow him/her into the Retiree Subsidy
Medical Plan or they may choose to exercise COBRA rights along with the
retiree.
7. When a retiree becomes 65 and has eligible dependents under 65, said
dependents are eligible to exercise COBRA rights.
8. When a retiree is under 65 and his/her spouse is over 65, the spouse is not
covered.
B. Benefits:
1. Retiree Subsidy Medical Plan includes Managed Health Network (MHN),
Prescription Card System (PCS), Orange County Preferred Provider
Organization (OCPPO) and Medical Stop Loss insurance.
2. City Plans are the primary payer for active employees age 65 and over, with
Medicare the secondary payer. Retirees age 65 and over have no City
Plan options and are eligible only for Medicare.
3. Premium payments are to be received at least one month in advance of the
coverage period.
C. Subsidies:
1. The subsidy payments will pay for:
a. Retiree Subsidy Medical Plan.
b. HealthNet.
c. Pacificare.
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d. Part A of Medicare for those retirees not eligible for paid Part A.
2. Subsidy payments will not pay for-
a. Part B Medicare.
b. Regular City Employee Indemnity Plan.
c. Any other employee benefit plan.
d. Any other commercially available benefit plan.
e. Medicare supplements
3. Employees who retire on or after the following dates shall be eligible for the
subsidy based on years of completed service with the City.
October 1, 1987: MEO, MEA, POA, MSOA, FA and PMA.
July 1, 1988: Non-Represented.
Retirees who retire prior to the above dates are not eligible for any subsidy
benefit.
D. Medicare:
1. All persons are eligible for Medicare coverage at age 65. Those with
sufficient credit quarters of Social Security will receive Part A of Medicare at
no cost. Those without sufficient credited quarters are still eligible for
Medicare at age 65, but will have to pay for Part A of Medicare if the
individual elects to take Medicare. In all cases, Part B of Medicare is paid
for by the participant.
2. When a retiree and his/her spouse are both 65 or over, and neither is
eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each
of them or the maximum subsidy, whichever is less.
3. When a retiree at age 65 is eligible for paid Part A of Medicare and his/her
spouse is not eligible for paid Part A, the spouse shall not receive subsidy.
When a retiree at age 65 is not eligible for paid Part A of Medicare and
his/her spouse who is also age 65 is eligible for paid Part A of Medicare, the
subsidy shall be for the retiree's Part A only.
E. Cancellation:
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kes. XOOO --
MEO MOU
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.
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.
99-01 MEO MOU.doc 48 01/12/00 2:59 PM
MEO MOU
EXHIBIT F
VEHICLE USE ASSIGNMENT ADMINISTRATIVE REGULATION
See Administrative Regulations Pages
Following this Exhibit Header Page
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MEO Mau
EXHIBIT G
PHYSICAL EXAMINATION DESCRIPTION
I. Complete Health History
II. Complete Physical Examination by Physician
Ill. Computer Printout:
A. Physiological Tests:
1. Temperature
2. Height
3. Weight
4. Vision
5. Audiometry (Hearing Screening)
6. Blood Pressure
7. Pulse
8. Chest X-Ray
9. EKG
10. History
11. Tonometry (Glaucoma) for patients 35 and over.
12. Spirometry (Breathing)
B. Laboratory Tests:
1. Blood Chemistry Screening Tests:
SGPT Triglycerides
SGOT Glucose Fasting
LDH BUN
Alk. Phosphatase Creatinine
Total Bilirubin Uric Acid
Total Protein Calcium
Albumin-Serum Inorganic Phosphate
Globulin Sodium
Cholesterol Postassium
2. Complete Blood Count
3. Urinalysis
4. Stool Test for Blood
5. RPR
6. Pap Smear on Females
7. HDL
IV. Examination Findings:
A. Consultation with Physician
B. Written Report of Findings
99-01 MEO MOU.doc 50 01112/00 2:59 PM
Res. No. 2000-9
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 ISth day of January, 2000 by the following
vote:
AYES: Julien, Harman, Garofalo, Green, Dettloff, Bauer
NOES: Sullivan
ABSENT: None
ABSTAIN: None
eg..� 0.4",
City Clerk and ex-offic' Cleric of the
City Council of the City of Huntington
Beach, California