HomeMy WebLinkAboutCity Council - 2002-132 RESOLUTION NO. 2002-132
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 12/21/02 THROUGH 12/19/03
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 21, 2002, through December 19, 2003.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of AU�Z��
apy�
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk / City Attorney I, it 1310E
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REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Adminiefrator Director of dministrative Services
O 1 reso/meo-emp/l 1/13/02
Fachibit A to Res.No.2002-132
MEO MOU
TABLE OF CONTENTS
PREAMBLE.................................................................................................................................................................................3
ARTICLEI-TERM OF MOU...................................................................................................................................................3
ARTICLE H-REPRESENTATIONAL UNIT/CLASSIFICATIONS....................................................................................4
ARTICLE IH-ARTICLE NUMBER RESERVED..................................................................................................................4
ARTICLE IV-EXISTING CONDITIONS OF EMPLOYMENT...........................................................................................4
ARTICLEV-SEVERABILITY.................................................................................................................................................4
ARTICLE VI-SALARY SCHEDULE...... .......... .................... ....................... ......... ......... ..................... ................4
ARTICLEVH-SPECIAL PAY..................................................................................................................................................5
A. EDUCATIONAL TUITION..........................................................................................................................................................5
B. BILINGUAL PAY......................................................................................................................................................................6
ARTICLEVIII-UNIFORMS.....................................................................................................................................................6
ARTICLE IX-HOURS OF WORK/OVERTIME/ADMINISTRATIVE LEAVE................................................................6
A. OVERTIME..............................................................................................................................................................................6
B. ADMINISTRATIVE LEAVE........................................................................................................................................................6
C. FLEX SCHEDULE AND HOURS OF WORK.................................................................................................................................6
ARTICLE X-HEALTH AND OTHER INSURANCE BENEFITS........................................................................................8
A. HEALTH ......... ...........:.. ........ . ........ ....... ......... .............. .... .......:.... ...... ............8
B. ELIGIBILITY CRITERIA AND COST.:........ .. .......:. ....:..`: ......... ......:.. :........ ...:..... ..:.....: ......... ................8
1. City Paid Medical, Dental and Vision Insurance—Employee and Dependents..............................................................8
2. QOLLs Contribution to Health Insurance Premiums.........................................................................................................8
a. Year 2003 Premiums......................................................................................................................................................................8
b. Future Premiums.............................................................................................................................................................................8
3. Medical Cash-Out............................................................................................................................................................9
4. Section 125 Plan..............................................................................................................................................................9
C. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT.........................................................................................................9
D. LONG TERM DISABILITY INSURANCE.....................................................................................................................................9
E. MISCELLANEOUS..................................................................................................................................................................10
1. City Paid Premiums While On Medical Disability.........................................................................................................10
2. Insuance Benefits Advisory Committee..........................................................................................................................10
3. Health Plan Over-Payments...........................................................................................................................................10
a. Reduction of Employee's Bi-Monthly Salary Warrant................................................................................................................. 10
b. Notice of Ineligible Dependents...................................................................................................................................................10
C. Twelve Month Recovery Period...................................................................................................................................................10
F. JOINT CAFETERIA PLAN STUDY...........................................................................................................................................10
ARTICLE XI-RETIREMENT BENEFITS............................................................................................................................11
A. BENEFITS..................._........ .................. ..................... ..................... ......... ..............11
1: Self Funded Supplemental Retirement Benefit......... ......... ......... ...;............ ... ......... ......... ......... ......I......it
2. Medical Insurance for Retirees........ . ......... ......... ......... ......... ......... ......... ......... ......... ..........................11
a. Medical Insurance Upon Retirement............................................................................................................................................11
b. Premiums Paid Upon Retirement By Use of Unused Sick Leave Benefits...................................................................................12
B. PUBLIC EMPLOYEES'RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING.................................................................12
1. Employee's Contribution................................................................................................................................................12
2. Two Percent at AQe 55 Formula....................................................................................................................................12
3. Pre-Retirement Optional Settlement 2 Death Benefit.....................................................................................................12
2003 MEO MOU Final i 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
MEO MOU
TABLE OF CONTENTS
4. Fourth Level of 1959 Survivor Benefits..........................................................................................................................12
5. Review of Contract Amendment Cost Analysis...............................................................................................................12
ARTICLE XII-LEAVE BENEFITS........................................................................................................................................13
A. GENERAL LEAVE..................................................................................................................................................................13
1. Accrual...........................................................................................................................................................................13
2. Eligibility and Approval.................................................................................................................................................13
3. Family Sick Leave..........................................................................................................................................................13
4. Conversion to Cash........................................................................................................................................................13
5. One Week Minimum Vacation Requirement...................................................................................................................14
B. HOLIDAYS............................................................................................................................................................................14
C. SICK LEAVE...................................................:......................................................................................................................14
D. BEREAVEMENT LEAVE.. ..................... .............................. ......................... ..................................... : .....................16
E. PATERNITY LEAVE...:...:.....................................................................................................................I..... ......... .............16
ARTICLE XIII-CITY RULES................................................................................................................................................16
ARTICLE XIV-MISCELLANEOUS......................................................................................................................................33
A. PHYSICAL EXAMINATION.....................................................................................................................................................33
B. VEHICLE POLICY..................................................................................................................................................................33
C. DEFERRED COMPENSATION LOAN PROGRAM......................................................................................................................33
D. EMPLOYEE PERFORMANCE EVALUATIONS...........................................................................................................................33
ARTICLE XV-CITY COUNCIL APPROVAL.....................................................................................................................34
EXHIBIT A-MEO SALARY SCHEDULE............................................................................................................................35
EXHIBIT B-DELTA DENTAL BROCHURE.......................................................................................................................37
EXHIBIT C-DELTA CARE PLAN BROCHURE.............................................
EXHIBIT D-EMPLOYEE HEALTH PLAN BROCHURE...:.... ............. .. ... ........ .... ... ......... ......... ....39
EXHIBIT E-RETIREE MEDICAL PLAN ......... ......... ......... ......... ......... ........: ......... ......... ......... .............40 .
RETIREE SUBSIDY MEDICAL PLAN..................................................................................................................................40
SCHEDULEOF BENEFITS.....................................................................................................................................................41
A. Minimum Eli i�ty for Benefits....................................................................................................................................41
B. Disability Retirees..........................................................................................................................................................41
C. Maximum Monthly Subsidy Payments............................................................................................................................41
INDEMNITY HEALTH PLAN,EMPLOYEES/RETIREES'................................................................................................42
RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS.....................................................................43
A. Eligibility........................................................................................................................................................................43
B. Bene ts... ..........................44
C. Subsidies.........................................................................................................................................................................44
D. Medicare........................................................................................................................................................................45
E. Cancellation...................................................................................................................................................................45
EXHIBIT F-VEHICLE USE/ASSIGNMENT........................................................................................................................47
EXHIBIT G-PHYSICAL EXAMINATION DESCRIPTION..............................................................................................48
EXHIBIT H—9/80 WORK SCHEDULE.................................................................................................................................49
EXHIBIT I—4/10 WORK SCHEDULE...................................................................................................................................52
2003 MEO MOU Final ii 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
MEMORANDUM OF UNDERSTANDING
between
THE CITY OF HUNTINGTON BEACH
(Hereinafter called CITY)
and
THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES' ORGANIZATION
(Hereinafter called ASSOCIATION 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 21, 2002 through
December 19, 2003.
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 (MOU) is made, to become
effective December 21, 2002 and it is agreed as follows.
ARTICLE I -TERM OF MOU
This Agreement shall be in effect for a period of one (1) year commencing December 21,
2002, and ending midnight December 19, 2003.
The City and the Association agree to exchange proposals regarding a successor
Memorandum of Understanding (MOU) on or prior to August 4, 2003.
2003 MEO MOU Final 3 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
ARTICLE II - REPRESENTATIONAL UNIT/CLASSIFICATIONS
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.
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.
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. All MEO represented employees are required to utilize direct deposit of payroll
checks. The city shall issue each employee direct deposit advice (payroll
receipt) each pay period that details all income, withholdings and deductions.
2. Permanent employees shall be compensated at hourly salary rates by job type
and pay grade including a three percent (3%) increase effective December 21
2002 as set forth in Exhibit A attached hereto and incorporated herein by this
reference.
2003 MEO MOU Final 4 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
3. Marine Safety Chief
The salary range of the Marine Safety Division Chief shall be a minimum of 18%
above the Marine Safety Lieutenant but shall be no higher than 15% below the
Deputy Director of Recreation/Beach Development.
ARTICLE VII - SPECIAL PAY
A. Educational Tuition:
1. Upon approval of the Department Head and the Human .Resources Manager,
permanent employees may be compensated for courses from accredited
educational institutions. Tuition reimbursement shall be limited to job related
courses or job related educational degree objectives and requires prior approval
by the Department Head and Human Resources Manager.
2. Education costs shall be reimbursed to permanent employees on the basis of a
full refund for tuition, books, parking (if a required fee) and any other required
fees upon presentation of receipts. However, the maximum reimbursement shall
be not more than one thousand five hundred dollars ($1,500) in any fiscal year
period.
3. If a permanent employee was enrolled in a degree with approval from their
Department Head-and the Human Resources Manager prior to April 15, 2002.
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.
Employee 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.
4. Reimbursements shall be made when the employee presents proof to the
Human Resources Manager that he/she has successfully completed the course
with a grade of"C" or better; or a "Pass" if taken for credit.
5. The city and the Association agree to re-convene an "Education Committee" that
will consist of two individuals from the city and two individuals from the
Association to meet on the topic of tuition reimbursement. The committee will
meet between July 1, 2003 and August_30, 2003. The resulting committee
report shall be a possible subject of negotiation in a successor MOU.
2003 MEO MOU Final 5 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
B. Bilingual Pay:
Permanent employees who are required by their Department Head to use Spanish,
Vietnamese, or Sign Language skills as part of their job assignment, shall be paid an
additional five-percent (5%) of their basic hourly rate in addition to their regular bi-
weekly salary. Permanent employees may accept assignments utilizing bilingual
skills in other languages on a short-term assignment with approval by the City
Administrator. Such employees shall receive the additional five percent (5%) for
every bi-weekly pay period that the assignment is in effect. In order to be eligible for
said compensation, employee's language proficiency will be tested and certified by
the Human Resources Manager or designee.
ARTICLE VIII - UNIFORMS
The 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
It is the intent of the city to provide an opportunity for MEO employees to select a flex
schedule and/or alternative work schedule that is consistent with the city's objective that
such schedules shall not reduce service to the public, departmental effectiveness,
productivity and/or efficiency as determined by the City Administrator or designee.
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.
C. Flex Schedule and Hours of Work:
Effective February 1, 2003, with supervisor and Department Head approval, MEO
employees may flex regular scheduled start times between the hours of 7:00 a.m. to
9:00 a.m. Flex schedules shall not reduce service to the public, departmental
effectiveness, productivity and/or efficiency as determined by the City Administrator or
designee.
2003 MEO MOU Final 6 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
Effective February 1, 2003, MEO employees will have the option of working a 5/40 or
9/80 work schedule with supervisor and Department Head approval. MEO
employees assigned the 4/10 work schedule shall retain the option of working the
4/10 work schedule with supervisor and Department Head approval. In order to
maintain service to the public, departmental effectiveness, productivity and/or
efficiency a Department Head may assign an employee a different work schedule that
is in compliance with the requirements of the Fair Labor Standards Act (FLSA) with
City Administrator approval.
1. 5/40 Work Schedule
The 5/40 work schedule shall.be defined as working five (5) eight (8) hour days
Monday through Friday each`week plus a one-hour lunch during each work
shift, totaling a forty (40) hours work week. The assigned 5/40 work schedule
must be in compliance with the requirements of FLSA and all other applicable
laws.
2. 9/80 Work Schedule
The 9/80 work schedule, as outlined in Exhibit H, shall be defined as working
nine (9) days for eighty (80) hours in a two week pay period by working eight
(8) days at nine (9) hours per day and working one (1) day for eight (8) hours
(Friday), plus a one-hour lunch during each work shift, totaling forty (40) hours
in each FLSA work week. The 9/80 work schedule shall not reduce service to
the public, departmental effectiveness, productivity and/or efficiency as
determined by the City Administrator or designee.
- 3. 4/10 Work Schedule
The 4/10 work schedule, as outlined in Exhibit I, shall be defined as working
four (4) ten (10) hour days Monday through Thursday each week plus a one-
hour lunch during each work shift, totaling a forty (40) hours work week. The
assigned 4/10 work schedule must be in compliance with the requirements of
FLSA and all other applicable laws. The 4/10 work schedule shall not reduce
service to the public, departmental effectiveness, productivity and/or efficiency
as determined by the City Administrator or designee.
2003 MEO MOU Final 7 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS
A. Health
The city shall continue to make available group medical, dental and vision benefits to
all MEO employees.
B. Eligibility Criteria and Cost
1. City Paid Medical, Dental and Vision Insurance - Employee and Dependents
The city will assume payment for employee and dependents medical, dental and
vision insurance effective the first of the month following one complete calendar
month of employment.
2. City's Contribution to Health Insurance Premiums
a. Year 2003 Premiums
The city "caps" its contributions for 2003 premiums at the level set
forth in the chart below:
Monthly City Dental Dental
City Plan HMO Vision
Paid Premium (PPO) (PMI)
EE $336.05 $236.31 $42.88 $23.00 $17.58
EE + 1 664.53 517.79 81.82 39.11 17.58
EE + 2 or more 813.62 682.46 1 116.36 1 59.81 1 17.58
Effective January 4, 2003 employee bi-weekly payroll deduction
contributions for 2003 premiums are set forth in the chart below:
Bi-Weekly Dental Dental
Employee Paid City Plan HMO (PPO) (PMI) Vision
Premium
EE $12.00 $5.95 $1.89 $0.00 $0.23
EE + 1 23.72 13.05 3.66 0.00 0.23
EE' +2 or more 29.04 17.20 5.12 0.00 0.23
b. Future Premiums
The city "caps" its contributions toward monthly group medical,
dental and vision plan premiums, by category (EE,, EE + 1, and EE +
2 or more) and plan, at the year 2003 level.
Until the City Council approves a successor to this Memorandum-of-
Understanding, the city's 2003 contribution caps will remain in place
2003 MEO MOU Final 8 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
in 2004 and beyond, even if premium increases result in these
additional costs being borne by the employee.
3. Medical Cash-Out
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), they may elect to discontinue city medical coverage and receive
ninety two dollars and thirty-one cents ($92.31) bi-weekly to deposit into their
Deferred Compensation account or any other pre-tax program offered by the
city.
4. Section 125 Plan
This plan 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 shall be provided with $45,000 life insurance and $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 additional amounts of life
insurance and accidental death and dismemberment insurance to the extent provided
by the city's current providers. 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 $12,500 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.
2003 MEO MOU Final 9 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
E. Miscellaneous
1. City Paid Premiums While on Medical Disability
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
period the employee is in a non-pay status for the length of said leave, not to
exceed twenty-four (24) months.
2. Insurance and Benefits Advisory Committee
The city and the Association agree to participate in a citywide joint labor and
management insurance and benefits advisory committee to discuss and study
issues relating to insurance and 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- Weekly Salary Warrant
The employee's bi-weekly salary warrant shall be reduced by one-half of the
amount of the bi-weekly over-payment. Such reduction shall continue until
the entire amount of the over-payment is recovered.
b. Notice of Ineligible 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.
F. Joint Cafeteria Plan Study
The city and up to four MEO employees will convene an ad-hoc committee to study a
cafeteria plan for employee benefits. The ad-hoc committee will finalize its report by
June 30, 2003. The resulting report may have an effect on 2004 benefit costs.
2003 MEO MOU Final 10 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
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:
a. In the event a member elects Option #2 (Section 21456) or Option #3
(Section 21457) 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 Consolidated Omnibus Budget Reconciliation Act of 1985
(COBRA) Federal Law, or
2) Retirees retiring after approval of this MOU may participate in the
Retiree Medical Plan, attached hereto as Exhibit E, or the Health
Maintenance Organization (HMO) Plan currently being offered to
retirees at the retiree's own expense if the requirements set forth in
Exhibit E are met, or if the retiree meets the eligibility requirements
described in Exhibit E, the retiree may receive a subsidy from the city
for retiree medical insurance pursuant to the schedule set forth in
Exhibit E.
2003 MEO MOU Final 11 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
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
bi-weekly in an amount equal to 7% of the employee's base salary (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. Two Percent at Age 55 Formula
Unit employees shall be covered by the two percent at age 55 formula (2% @
55) as identified in Section 21354.
3. Pre-Retirement Optional Settlement 2 Death Benefit
The city will initiate the contract amendment process for the Pre-Retirement
Optional Settlement 2 Death Benefit as identified in Section 21548 with
CalPERS within ten (10) business days of City Council ratification of all
memoranda of understanding and/or other necessary agreements with all
miscellaneous retirement plan employee associations and will adopt said
amendment as soon as reasonably possible thereafter.
4. Fourth Level of 1959 Survivor Benefits
The city will initiate the contract amendment process for the Fourth Level of the
1959 Survivor Benefit as identified in Section 21574 with CalPERS within ten
(10) business days of City Council ratification of all memoranda of understanding
and/or other necessary agreements with all miscellaneous retirement plan
employee associations and will adopt said amendment as soon as reasonably
possible thereafter.
5. Review of Contract Amendment Cost Analysis
Upon receipt of the contract amendment cost analyses for the retirement
formulas of 2.5%@55, 2.7%@55 and 3%@60 from CalPERS, (which have
already been requested from CaIPERS) the city and association shall jointly
review the contract amendment cost analyses. This joint review shall not be a
reopener nor shall it commit the city to make any amendments to its contract
with CalPERS.
2003 MEO MOU Final 12 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
ARTICLE XII - LEAVE BENEFITS
A. General Leave
1. Accrual
Employees accrue leave at the accrual rates outlined below. General leave may
be used for any purpose, including vacation, sick leave, and personal leave.
Years of 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
General leave must be pre-approved except for illness, injury or family sickness,
which may require a physician's statement for approval. Accrued general leave
may not be taken prior to six (6) months' service except for illness, injury or
family sickness. 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. Members shall not accrue general leave in excess of six
hundred hours (600). Employees may not use their general leave to advance
their separation date on retirement or other separation from employment. .
3. Family Sick Leave
As required by law, employees will be allowed to use up to one-half of their
annual General Leave accrual for family sick leave, pursuant to the provisions of
California Labor Code Section 233.
The city will provide family and medical care leave for eligible employees that
meet all requirements of State and Federal law. Rights and obligations are set
forth in the Department of Labor Regulations implementing the Family Medical
Leave Act (FMLA), and the regulations of the California Fair Employment and
Housing Commission implementing the California Family Rights Act (CFRA).
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.
2003 MEO MOU Final 13 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
5. One Week Minimum Vacation Requirement
The Deputy City Treasurer shall take a minimum of one week, (i.e., five
consecutive work days) paid vacation each calendar year.
B. Holidays
The following are paid eight (8) hour 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)
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 following Monday.
C. Sick Leave
1. Accrual — No employee shall accrue sick leave after December 24, 1999.
2. Credit —Employees assigned to MEO shall carry forward their sick leave balance
and shall no longer accrue sick leave credit.
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 — The city will provide family and medical care leave for
eligible employees that meet all requirements of State and Federal law. Rights
and obligations are set forth in the Department of Labor Regulations
implementing the Family Medical Leave Act (FMLA), and the regulations of the
California Fair Employment and Housing Commission implementing the
California Family Rights Act (CFRA).
2003 MEO MOU Final 14 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
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
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
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Exhibit A to Res.No.2002-132
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 twenty-four (24)
work hours in each instance of death in the immediate family. Immediate family is
defined as father, mother, sister, brother, spouse, children, grandfather,grandmother,
stepfather, stepmother, step grandfather, step grandmother, grandchildren,
stepsisters, stepbrothers, mother-in-law, father-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepchildren, or wards of which the employee is the legal
guardian.
E. Paternity,Leave
The city will provide family and medical care leave for eligible employees that meet all
requirements of State and Federal law. Rights and obligations are set forth in the
Department of Labor Regulations implementing the Family Medical Leave Act
(FMLA), and the regulations of the California Fair Employment and Housing
Commission implementing the California Family Rights Act (CFRA).
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
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Exhibit A to Res.No.2002-132
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 Human Resources Manager, 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.
2. Rule 7 — Discipline
a) 7-2 — Causes for Discipline
12) Possession, use or sale of illegal narcotics or habit-forming drugs,
while on-duty or on city property.
14) Conviction of any felony or a misdemeanor with a job nexus. A plea
or verdict of guilt, or a conviction following a plea of nolo contendere,
is deemed to be a conviction within the meaning of this section.
15) Participating in an unlawful strike, work stoppage, slowdown, or
using or attempting to use sick leave to accomplish the same
purpose as a strike, work stoppage, or slowdown.
3. Rule 8 — Termination
a) 8-1 — Medical Examination. Evaluation of Employee's Work Capacity.
Demotion. Transfer or Termination of Appointment
At any time a department head has reasonable cause to, believe that an
employee may not be able to perform the duties of his/her position for
physical or psychological reasons, such department head shall consult with
the Human Resources Manager regarding such belief. If the Human
Resources Manager concurs, the department head may order the
employee to submit to a medical or psychological examination. The
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Exhibit A to Res.No.2002-132
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 Human Resources Manager 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.
(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 Human Resources Manager, 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) 12-10 —Temporary Employees
Employment on a basis other than permanent or probationary to a
permanently budgeted position not to exceed 1000 hours in any twelve (12)
month period. Employees occupying temporary positions shall not be
2003 MEO MOU Final 18 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
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 Human Resources Manager 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 Human Resources Manager. Such recommendation shall include the
reason(s) for the adjustment, whether the advancement is to be permanent
or temporary, and an effective date.
6. Rule 18 —Attendance and Leaves
a) 18-16 — Industrial Accident Leave
In.the event a permanent employee, who is a miscellaneous member of the
Public Employees' Retirement System (PERS), is temporarily totally
disabled as a result of an injury or illness arising out of and in the course of
employment and covered by the State of California Workers' Compensation
Insurance and Safety Act, resulting light duty assignments due to the injury
or illness or absences from work shall be considered Industrial Accident
Leave as that term is defined by this rule.
A permanent employee eligible for Industrial Accident Leave shall receive
compensation from the city in an amount equal to the employee's regular
rate of salary during such period of temporary total disability. Benefits
received under this rule shall be in lieu of statutory Workers' Compensation
benefits. Industrial Accident Leave shall continue during all absences
resulting from the injury or illness, including those absences attributable to
doctor's appointments, therapy, or other follow-up medical visits, but in no
case exceeding one 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
2003 MEO MOU Final 19 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
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 PIERS approves an application for disability retirement
benefits filed by the employee or by the city; or
3) The employee receives thirty(30) days advance notice and refuses to
submit to a medical examination ordered by PIERS pursuant to
Government Section 21154 or otherwise refuses to cooperate with
PIERS in determining whether the employee is incapacitated for the
performance of duty; or
4) The employee receiving Industrial Accident Leave Compensation
applies for service-connected retirement benefits; or
5) The employment of the affected employee is otherwise separated.
If an injured worker remains temporarily disabled after receiving one year of
Industrial Accident Leave for accumulated absences or light duty work
attributable to the. same . injury or illness, the employee will receive
temporary total disability benefits as specified by the. State of California
Workers' Compensation Insurance and Safety Act. Any period of time
during which an employee is absent from work by reason of injury or illness
for which he or she is entitled to receive Industrial Accident Leave
compensation will not constitute a break in continuous service for the
purposes of salary adjustments, sick leave, vacation accruals, and length of
service computation.
In the event an employee who is receiving or has received Industrial
Accident Leave compensation makes a claim or initiates legal action
against a third party for allegedly causing or contributing to the injury or
illness resulting in the inability to work, the employee is required to notify in
writing the City's Risk Management Division of the claim or commencement
of such action within ten (10) days of the claim or such commencement.
The city retains its rights of subrogation in all such instances.
,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
2003 MEO MOU Final 20 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
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 Human Resources Manager."
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.
7. Rule 19 — Grievance Procedure Non-Disciplinary Matters
a) 19-5 Grievance Procedure
The grievance procedure shall consist of the following steps, each of which
must be completed prior to any request for further consideration of the
matter unless otherwise provided herein:
Step 1. Informal Discussion (optional)
If an employee feels that he has a grievance, as defined in Section
19-2, he may request a meeting with his immediate supervisor within
- ten (10) days after the employee becomes aware or reasonably
should have become aware of the subject matter of the grievance.
The immediate supervisor, within five (5) days of such request, shall
meet with the employee when so requested and discuss the
grievance in an effort to clarify the issue and work toward a
cooperative settlement or resolution of the dispute. The immediate
supervisor shall present, verbally or in writing, his decision to the
employee within five (5) days from the time of the informal
discussion.
Step 2. Formal Procedure. Immediate Supervisor
If the grievance is not settled through informal discussion, or if the
employee elects not to invoke his right to informal discussion, the
employee may formally submit a grievance to his immediate
supervisor within five (5) days following the decision pursuant to
informal discussion, or in the event the employee does not elect to
invoke his right to informal discussion, within ten (10) days after the
occurrence which gives rise to the grievance or after the employee
becomes aware or reasonably should have been aware of the
subject matter of the grievance. Such submission shall be in writing,
stating the nature of the grievance and a suggested solution or
requested remedy. Within five (5) days after receipt of the written
grievance, the immediate supervisor shall meet with the employee.
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Exhibit A to Res.No.2002-132
Within five (5) days thereafter written decision shall be given the
employee by the immediate supervisor.
Step 3. Department Head
In cases where the department head is not the immediate
supervisor, if the grievance is not settled under Step 2, the grievance
may be presented to the department head. The grievance shall be
submitted within five (5) days after receipt of the written decision
from Step 2.
Within five (5) days after receipt of the written grievance, the
department head, or his representative, shall meet with the
employee and his immediate supervisor, if any. Within five (5) days
thereafter written decision shall be given to the employee.
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 Human Resources Manager who shall act as
hearing officer and shall set the matter for hearing within fifteen (15)
days thereafter and shall cause notice to be served upon all
interested parties. The Human Resources Manager, 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 Human
Resources Manager.
Step 5 — Personnel Board Hearing
Hearing. As soon as practicable thereafter, the Human Resources
Manager 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
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Exhibit A to Res.No.2002-132
approval or-ratification by the Personnel Commission. The hearing
officer shall hear the case and make recommended findings,
conclusions and decision in the form of a written report and
recommendation to the Personnel Commission. In lieu of the
hearing officer process, the Personnel Commission may agree to
hear a case directly upon submission of the case by mutual consent
of the parties.
8. Rule 20 —Disciplinary Procedure and Appeal
a) 20-1 — Purpose
The purpose of this rule is to provide a procedure for recommending and
imposing discipline against city employees, and a means by which an
employees may administratively appeal any such disciplinary action.
b) 20-2 — Disciplinary Procedures
1) Notice of Proposed Adverse Action
For disciplinary demotions, suspensions or dismissals, an employee
shall be served a written Notice of Proposed Adverse Action by the
employee's department head, or his/her designee, or by certified
mail, prior to the proposed disciplinary action taking effect. The
notice shall state the reasons for and charges upon which the
proposed action. is based, and,the effective date of the. action the
right to respond and the employer's right to representation. A copy
of all materials upon which the proposed action is based shall be
attached to the notice.
2) Employee's Right to Respond
The employee shall be given a minimum of ten (10) calendar days to
respond orally and/or in writing to the charges upon which the
proposed action is based. The employee's response shall be made
to and/or before his/her department head.
3) Time Off
The employee shall be given reasonable time off with pay to attend
disciplinary meetings.
4) Final Notice of Decision
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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Exhibit A to Res.No.2002-132
c) 20-3 —Appeal to Personnel Commission
Disciplinary action involving the termination, suspension, demotion or other
reduction in pay may be appealed to the Personnel Commission for de
novo hearing and final determination in accordance with the following
procedure:
1) Request for Appeal
Within five (5) days after the employee's receipt of a final Notice of
Discipline, a written request for an appeal to the Personnel
Commission shall be submitted to the Human Resources Manager.
2) Hearing
As soon as practicable thereafter, the Human Resources Manager
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 Human Resources Manager 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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Exhibit A to Res.No.2002-132
9. Rule 21 — Grievance Procedures - General
a) 21-7 Hearing Officer
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 toselect 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 Human Resources Manager, 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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Exhibit A to Res.No.2002-132
7.3 Human Resources Manager Motion of Unit Modification - The Human
Resources Manager 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 Human Resources Manager 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.
C. Rules Governing Layoff, Reduction in Lieu of Layoff and Re-Employment
1. Part 1 — Layoff Procedure
a) General Provisions
1) Whenever it is necessary, because of lack of work or funds to reduce
the staff of a city department, employees may be laid off pursuant to
_ these rules.
2) Whenever an employee is to be separated from the competitive service
because the tasks assigned are to be eliminated or substantially
changed due to management-initiated changes, including but not
2003 MEO MOU Final 26 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
limited to automation or other technological changes, it is the policy of
the city that steps be taken by the Human Resources 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 citywide service credit in the class
within the department shall have citywide 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
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
2003 MEO MOU Final 27 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
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
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.
2003 MEO MOU Final 28 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
3. Notification of Employees
a) The Human Resources 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 Human Resources Manager
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 Human Resources
Manager as soon as possible but in no case later than five (5) calendar
days after the personal service or certified mail delivery. Disputes regarding
date of hire or service credit shall be jointly reviewed by the Human
Resources Manager 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 Human Resources
Manager of the dispute. Within five (5) calendar days after the dispute is
reviewed, the employee shall be notified in writing of the decision.
2003 MEO MOU Final 29 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
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 Human Resource Manager'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 Human Resource Manager
decision, the employee may appeal pursuant to the provisions of
Sections 3 and 4 below.
b) Re instate ment/Re-employment List.-
Any employee who takes a reduction to a position in a lower class within
the occupational series in lieu of layoff shall be placed on tile
reinstatement/re-employment list pursuant to Part 3, Re-employment.
c) Qualifications Appeal
Any employee who is denied a reduction to a position in a lower class
within the occupational series on the basis that the employee does not
possess the necessary qualifications to successfully perform the duties of
the lower position may appeal the decision. The appeal shall be filed with
the Human Resource Manager within five (5) calendar days of the
employee's receipt of written notice of the decision and reason(s) for denial.
2003 MEO MOU Final 30 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
The employee's appeal shall be in writing and shall include supporting facts
or documents supporting the appeal.
d) Qualifications Appeal Hearing
1) Upon receipt of an appeal, the Human Resource Manager shall contact
a mediator from the California State Mediation and Conciliation Service
to schedule a hearing within two (2) weeks after receipt of the appeal. If
the California State Mediation and Conciliation Service is not available
within that time frame, the parties shall mutually select a person who is
available within the time frame. If the California State Mediation and
Conciliation Service and the person mutually selected are not available
within tile time frame, the parties shall select the earliest date either is
available to conduct the hearing. The parties shall split the cost, if any,
of the hearing officer. In addition, the parties shall meet within three (3)
workdays to attempt to resolve the dispute. If the dispute remains
unresolved, the parties shall endeavor in good faith to submit to the
hearing officer a statement of all agreed upon facts relevant to the
hearing.
2) Appeal hearings shall be limited to two (2) hours, except as otherwise
agreed by the parties or directed by the hearing officer.
3) The hearing officer shall attempt to resolve the dispute by mutual
agreement if, possible. If no agreement is reached the hearing officer
shall render a decision at the conclusion of the hearing which shall be
final and binding
5. Part 3 — Re-employment
a) Re-employment
1) Employees who are laid off or reduced to avoid layoff shall have their
names placed upon a reemployment list, for each class in the
occupational series, in seniority order at or below the level of the class
from which laid off or reduced.
2) Names of persons placed on the reemployment lists shall remain on
the list for two (2) years from the date of layoff or reduction.
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
2003 MEO MOU Final 31 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
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 HBMEO and affected
employees upon reasonable request,
6) Qualification appeals involving reemployment rights shall be resolved in
the same manner as that identified in Part 2., Section 4.
b) Status on Re-employment
1) Persons re-employed from layoff within a two (2) year period from the
date of layoff shall receive the following considerations and benefits:
a) Service credit held upon layoff shall be restored, but no credit shall
be added for the period of layoff.
b) Prior service credit shall be counted toward sick leave and vacation
accruals.
c) Employees may cash in sick leave upon layoff or at any time after
layoff in the manner and amount set forth in existing Memoranda of
Understanding for that employee's unit. Sick leave shall be paid to
an employee when the reemployment list(s) expire(s), if not
previously paid.
d) Upon reinstatement the employee may have his or her sick leave
re-credited by repayment to the city the cashed amount. Sick leave
accumulation of less than 480 hours shall be restored upon
reemployment.
e) The employee shall be returned to the salary step of the
classification held at the time of the layoff and credited with the
time previously served at that step prior to being laid off.
f) The probationary status of the employee shall resume if
incomplete.
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.
2003 MEO MOU Final 32 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
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. Approval is required by the City Administrator or his designee for any city vehicle
to be taken home by a MEO employee.
2. The auto allowance for qualifying employees shall be one hundred sixty one
dollars and fifty-three cents ($161.53) bi-weekly.
3. No unit employee. shall have their automobile allowance eliminated until the
city's Fleet Management Policy is re-negotiated.
4. Eligibility for automobile allowance shall be determined in accordance with the
city's Fleet Management Program dated August, 1999.
C. Deferred Compensation Loan Program
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.
D. _Employee Performance Evaluations
The city and up to four MEO employees will convene an ad-hoc committee to study a
new employee performance evaluation system. The ad-hoc committee will finalize its
report by June 30, 2003. Nothing from said ad-hoc committee shall constitute a
wavier by MEO or any of its represented employees of the right to dispute future
performance evaluations.
2003 MEO MOU Final 33 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
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 it day of December, 2002.
HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH MANAGEMENT EMPLOYEES'
A Municipal Corporation ORGANIZATION
By: By:
�a
Ray Sil r' �stavo A. Duran, MEO President
City AdminisP, 'or
y
By: By:
William P. Workman Bever Braden, MEO Vice-President
Assistant ' y Admi istrat
By: By
Clay Ma Shawna rone-Schmidt, MEO Secretary
Direc f Administrative o Services
By, , By. , -f
Steven M. Berliner James Joe , Negotiating Team
Chief Negotiator
APPROVED AS TO FORM APPROVED AS TO FORM
By: rnV�_ By:
�Jennife(M. cGrath mes G. H er, MEO Negotiator
City Attorney
2003 MEO MOU Final 34 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
EXHIBIT A
CITY OF HUNTINGTON BEACH
MANAGEMENT EMPLOYEES' ORGANIZATION SALARY SCHEDULE
EFFECTIVE DECEMBER 21, 2002
0028 Accountant, Principal 532 30.97 32.67 34.47 36.37 38.37
0025 Administrative Analyst MEO 497 26.01 27.44 28.95 30.54 32.22
0084 Administrative Analyst, Principal MEO 544 32.88 34.69 36.6 38.61 40.73
0089 Administrative Analyst, Senior MEO 525 29.91 31.55 33.28 35.11 37.04
0132 Assistant City Clerk 488 24.86 26.23 27.67 29.19 30.8
0024 City Engineer 617 47.31 49.91 52.66 55.56 58.62
0069 Civil Engineer,Associate 542 32.56 34.35 36.24 38.23 40.33
0096 Civil Engineer, Principal 561 35.79 37.76 39.84 42.03 44.34
0092 Claims Supervisor 535 31.44 33.17 34.99 36.91 38.94
0471 Community Relations Officer 525 29.91 31.55 33.28 135.11 37.04
0097 Construction Manager 557 35.07 37 39.04 41.19 43.46
0085 Contract Administrator 525 129.91 31.55 33.28 35.11 37.04
0045 Criminalist Supervisor 549 33.71 35.56 37.52 39.58 41.76
0070 Criminalist, Chief 577 38.78 40.91 43.16 45.53 48.03
0253 Cultural Affairs Supervisor 480 23.9 1 25.21 26.6 28.06 29.6
0081 Deputy City Attorney 1 530 30.66 32.35 34.13 36.01 37.99
0080 Deputy City Attorney 11 567 36.88 38.91 41.05 43.31 45.69
0079 Deputy City Attorney 111 595 42.4 . 44.73 47.19 49.79 52.53
0068 Deputy City Engineer 589 41.15 43.41 45.8 48.32 50.98
0090 Deputy City Treasurer 573 38 40.09 42.29 44.62 147.07
0035 Deputy Director of Public Works 617 47.31 49.91 52.66 55.56 58.62
0027 Deputy Director of Recreation/Beach Develo ment 607 45.01 47.49 50.1 52.86 55.77
0039 Economic Development Project Manager 548 33.54 35.38 37.33 39.38 41.55
0037 Economic Development Project Manager,Assistant 517 28.73 30.31 31.98 33.74 35.6
0474 Facilities, Development&Concession Manager 542 32.56 34.35 36.24 38.23 40.33
0131 Fire Med Coordinator 525 29.91 31.55 33.28 35.11 37.04
0130 Fire Protection Analyst 525 29.91 31.55 33.28 35.11 37.04
0184 GIS Manager 542 32.56 34.35 36.24 38.23 40.33
0023 Housing/Redevelopment Manager 568 37.07 39.11 41.26 43.53 45.92
0087 Information Systems Analyst V 556 34.9 36.82 38.85 40.99 43.24
0088 Information Systems Analyst, Principal 565 36.51 38.52 40.64 42.87 45.23
0038 Information Systems Manager 593 41.98 44.29 46.73 49.3 52.01
0199 Information Systems Manager, Library 499 26.27 27.71 29.23 30.84 32.54
0067 Information Systems Manager, Police 574 38.18 40.28 42.5 44.84 47.31
0075 Inspection Manager 561 35.79 37.76 39.84 42.03 44.34
0076 jInspector Plb/Mech Principal 514 28.3 29.861 31.5 ` 33.23 135.06
0072 Inspector, Electrical Principal 514 28.3 29.861 31.5 33.23 35.06
0251 Investigator 497 26.01 27.44 28.95 30.54 32.22
0158 Landscape Architect 525 29.91 31.55 33.28 35.11 37.04
0095 Law Office Manager T 501 26.53 27.99 29.53 31.15 32.86
0077 Librarian, Senior 488 24.86 26.23 27.67 29.19 30.8
0066 Library Services Manager 1 546 33.2 35.03 36.96 38.99 41.13
2003 MEO MOU Final 35 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
kl
0030 Maintenance Operations Manager 571 37.63 39.7 41.88 44.18 46.61
0032 Marine Safety Division Chief 577 38.78 40.91 43.16 45.53 48.03
0441 Neighborhood Preservation Program Manager 568 37.07 39.11 41.26 43.53 45.92
0040 Park Tree Landscape Operations Manager 563 36.15 38.14 40.24 42.45 44.78
0098 Permit& Plan Check Manager 570 37.44 39.5 41.67 43.96 146.38
0209 Plan Check& Permit Supervisor 526 30.06 31.71 133.45 35.29 37.23
0099 Plan Check Engineer 556 34.9 36.82 38.85 40.99 43.24
0071 Planner,Associate 517 28.73 30.31 31.98 33.74 35.6
0074 IPlanner, Principal 568 137.07 39.11 41.26 43.53 45.92
0036 Planner, Senior 548 33.54 35.38 37.33 39.38 41.55
0444 Planning Manager 578 38.96 41.1 43.36 45.75 48.27
0022 Police Communications Manager 528 30.36 32.03 33.79 35.65 37.61
0083 Purchasing &Central Services Manager 534 31.28 33 34.82 36.73 38.75
0043 IReal Estate Services Manager 576 38.58 40.7 42.94 45.3 147.79
0093 IReal Property Agent 548 33.54 35.38 37.33 39.38 41.55
0094 Records Admin Police 528 30.36 32.03 33.79 35.65 37.61
0000 Recreation, Human &Cultural Services, Superintendent 567 36.88 38.91 41.05 43.31 45.69
0457 Special Events Coordinator 480 23.9 25.21 26.6 28.06 29.6
0044 Supervisor, Beach Operations 527 30.21 31.87 33.62 35.47 37.42
0047 Supervisor, Building Maintenance 527 30.21 31.87 33.62 35.47 37.42
0073 Supervisor, Comb/Strctrl Insp 533 31.12 32.83 34.64 36.55 38.56
0473 Supervisor, Development& Petro-Chemical 529 30.51 32.19 33.96 35.83 37.8
0048 Supervisor, Mechanical Maintenance 527 30.21 31.87 33.62 35.47 37.42
0049 Supervisor, Park Maintenance 527 30.21 31.87 33.62 35.47 37.42
0133 Supervisor, Parking &Camping Facilities 514 28.3 29.86 31.5 33.23 35.06
0046 Supervisor, Recreation Senior 514 28.3 29.86 31.5 33.23 35.06
0050 Supervisor, Street&Sewer Maintenance 527 30.21 31.87 33.62 35.47 37.42
0051 Supervisor, Tree, Landscape, Pest Control 527 30.21 31.87 33.62 35.47 37.42
0052 Supervisor,Water Distribution 527 30.21 31.87 33.62 35.47 37.42
0053 Supervisor, Water Production 527 30.21 31.87 33.62 35.47 37.42
0086 _Systems Analyst 518 28.87 30.46 32.14 33.91 35.78
0034 Traffic Engineer,Associate 543 32.72 34.52 36.42 38.42 40.53
0033 Transportation Manager 586 40.55 42.78 45.13 47.61 50.23
0041 Water Operations Manager 591 41.57 43.86 46.27 48.81 51.49
EFFECTIVE DECEMBER 21, 2002
0032 IMarine Safety Division Chief 1 577 38.78 40.91 43.16 45.53 48.03
EFFECTIVE MARCH 29, 2003
WE
on, \. /.' 1WE I ,
m M
0032 Marine Safe Division Chief 48.03 577 38.78 40.91 43.16 45.53
2003 MEO MOU Final 36 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
EXHIBIT B
DELTA DENTAL PLAN BROCHURE
A copy of the Delta Dental Plan Brochure
may be obtained from the
Administrative Services Department
2003 MEO MOU Final 37 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
EXHIBIT C
DELTA DENTAL CARE PLAN BROCHURE
A copy of the Delta Care Plan Brochure
may be obtained from the
Administrative Services Department
2003 MEO MOU Final 38 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
EXHIBIT D
EMPLOYEE HEALTH PLAN BROCHURE
A copy of the Employee Health Plan Brochure
may be obtained from the
Administrative Services Department
2003 MEO MOU Final 39 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
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 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.
2003 MEO MOU Final 40 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
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:
Maximum Monthly Payment
for Retirements After:
Years of Service Subsidy
10 $ 121
11 136
12 _ _ 151
13 166
14 181
15 196
16 211
17 226
18 241
19 256
20 271
21 286
22 300
23 315
24 330
25 344
Note: The above payment amounts may be reduced each month as dependent eligibility ceases due to death,
divorce or loss of dependent child status. However, the amount,shall not be reduced if such reduction
would cause insufficient funds needed to pay the full premium for the employee and the remaining
dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the
premium amount for the employee and the eligible dependents, said needed excess premium amount shall
be paid by the employee.
2003 MEO MOU Final 41 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
INDEMNITY HEALTH PLAN, EMPLOYEES/RETIREES'
YEAR 2003
Benefits City Plan - Employees City Plan - Subsidized
Non-Subsidized Retirees Retirees
COBRA-eligibles
Deductible $250 per person $250 per person
$500 per family $500 per family
Maximum Out of Pocket $2,000 per person $2,000 per person
$4,000 per family $4,000 per family
Co-Insurance PPO 90% of UCR 90% of UCR
Non-PPO 70% of UCR 70% of UCR
Note: Retirees who elect to participate in HMO shall be entitled to benefits of the program
chosen.
2003 MEO MOU Final 42 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
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. The Administrative Services Department shall notify covered
retirees of this opportunity each year.
3. Years of service computed for the Retiree Subsidy Medical Plan are actual
years of completed service with the City of Huntington Beach.
4. When a retiree is eligible for medical plan coverage at the expense of
another employer due to post-retirement employment of the retiree or
spouse of the retiree, the retiree and his/her spouse must take that
coverage regardless of benefit level and shall be deleted from any City Plan
coverage. Exceptions to this requirement are limited to the following:
a. A retiree is not required to enroll in such "other' medical plan coverage
if there is significant disparity between the benefits provided by the
"other' medical plan and the Retiree Subsidy Medical Plan as defined
below. "Significant disparity" means coverage available under the
"other' medical plan is restrictive or limited in one or more of the
following ways:
1) No in-patient hospitalization coverage.
2) No major medical benefits
3) Annual deductible is $1,000 or greater per person.
4) Major medical benefits are paid at 60% or less of covered
expenses.
b. The Risk Manager will have the authority to provide additional
exceptions following review of the "other" medical plan policy.
Exceptions will be made only if the "other' medical plan benefit
provisions are comparable to the guidelines under B above.
c. Miscellaneous Provisions:
1. Benefits provided under the Retiree Subsidy Medical Plan will
be coordinated with the "other' medical plan as the primary
carrier.
2003 MEO MOU Final 43 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
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 Foundation for Medical
Care (OCFMC) 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. HMO.
c. Part A of Medicare for those retirees not eligible for paid Part A.
2. Subsidy payments will not pay for:
a. Part B Medicare.
b. Regular City Employee Indemnity Plan.
c. Any other employee benefit plan.
2003 MEO MOU Final 44 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
d. Any other commercially available benefit plan.
e. Medicare supplements
D. Medicare:
1. All persons are eligible for Medicare coverage at age 65. Those with
sufficient credit quarters of Social Security will receive Part A of Medicare at
no cost. Those without sufficient credited quarters are still eligible for
Medicare at age 65, but will have to pay for Part A of Medicare if the
individual elects to take Medicare. In all cases, Part B of Medicare is paid
for by the participant.
2. When a retiree and his/her spouse are both 65 or over, and neither is
eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each
of them or the maximum subsidy, whichever is less.
3. When a retiree at age 65 is eligible for paid Part A of Medicare and his/her
spouse is not eligible for paid Part A, the spouse shall not receive subsidy.
When a retiree at age 65 is not eligible for paid Part A of Medicare and
his/her spouse who is also age 65 is eligible for paid Part A of Medicare, the
subsidy shall be for the retiree's Part A only.
E. Cancellation:
1. For retirees/dependents eligible for paid Part A of Medicare, the following
cancellation provisions apply:
a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be
eliminated on the first day of the month in which the retiree reaches
age 65. If such retiree was covering dependents under the Plan,
dependents will be eligible for COBRA continuation benefits effective
as of the retiree's 65th birthday.
b. Dependent coverage will be eliminated upon whichever of the following
occasions comes first:
1) After 36 months of COBRA continuation coverage, or
2) When the covered dependent reaches age 65 in the event
such dependent reaches age 65 prior to the retiree reaching
- age 65.
c. At age 65 retirees are eligible to make application for Medicare. Upon
being considered "eligible to make application", whether or not
application has been made for Medicare, the Retiree Subsidy Medical
Plan will be eliminated.
2003 MEO MOU Final 45 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
2. See provisions under "Benefits", "Subsidies", and "Medicare" for those
retirees/dependents not eligible for paid Part A of Medicare.
I Retiree Subsidy Medical Plan and COBRA participants shall be notified of
non-payment of premium by means of a certified letter from Employee
Benefits 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.
2003 MEO MOU Final 46 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
EXHIBIT F
VEHICLE USE ASSIGNMENT ADMINISTRATIVE REGULATION
See Administrative Regulations
2003 MEO MOU Final 47 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
EXHIBIT G
PHYSICAL EXAMINATION DESCRIPTION
I. Complete Health History
II. Complete Physical Examination by Physician
III. 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
2003 MEO MOU Final 48 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
EXHIBIT H - 9/80 WORK SCHEDULE
This work schedule is known as the "9/80". The 9/80 work schedule is designed to be in
compliance with the requirements of the Fair Labor Standards Act (FLSA) and all other
applicable laws. In the event that there is a conflict with the current rules, practices and/or
procedures regarding work schedules and leave plans, then the rules listed below shall govern.
9/80 WORK SCHEDULE DEFINED
The 9/80 work schedule shall be defined as working nine (9) days for eighty (80) hours in a two
week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for
eight (8) hours (Friday), with a one-hour lunch during each work shift, totaling forty (40) hours in
each FLSA work week. The 9/80 work schedule shall not reduce service to the public,
departmental effectiveness, productivity and/or efficiency as determined by the City
Administrator or designee.
A. Forty (40) Hour FLSA Work Week — The actual FLSA work week is from Friday at mid-
shift (p.m.) to Friday at mid-shift (a.m.). No employee working the 9/80 work schedule
will be able to flex their Friday start time nor the time they take their lunch break, which
will be from 12:00 p.m. to 1:00 p.m. on Fridays. All employee work shifts will start at
8:00 a.m. on their Friday worked. The start of the FLSA work week is 12:00 noon
Friday.
B. Two Week Pay Period — The pay period for employees starts Friday mid-shift (p.m.) and
continues for fourteen (14) days until Friday mid-shift (a.m.). During this period, each
week is made up of four (4) nine (9) hour work days (thirty-six (36) hours) and one (1)
four (4) hour Friday and those hours equal forty (40) work hours in each work week (e.g.
the Friday is split into four (4) hours for the a.m. shift, which is charged to work week
one and four (4) hours for the p.m. shift, which is charged to work week two).
C. A/B Schedules — To continue to provide service to the public every Friday, employees
are to be divided between two schedules, known as the "A" schedule and the "B"
schedule, based upon the departmental needs. For identification purposes, the "A"
schedule shall be known as the schedule with a day off on the Friday in the middle of
the pay period, or, "off on payday", the "B" schedule shall have the first Friday (p.m.) and
the last Friday (a.m.) off, or "working on payday". An example is listed below:
AM 2 /
SSchedule 4 4 - - 9 9 9 9 - - - - 9 9 9 9 4 4
B Schedule - - - - 9 9 9 9 4 4 - - 9 9 9 9 - -
D. A/B Schedule Changes — FLSA-non-exempt employees cannot change schedules
without prior approval of their supervisor, Department Head, and the Human Resources
Manager or designee. The purpose of this authorization is to review the impact on
overtime. FLSA exempt employees may change A/B schedules at the beginning of any
pay period with supervisor and Department Head approval.
E. Emergencies — All employees on the 9/80 work schedule are subject to be called to
work any time to meet any and all emergencies or unusual conditions which, in the
2003 MEO MOU Final 49 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
opinion of the City Administrator, Department Head or designee may require such
service from any of said employees.
OVERTIME DEFINED
FLSA Non-Exempt Employees —All non-exempt employees under the 9/80 work schedule shall
earn overtime for all hours worked after the first forty (40) hours in an FLSA work week (Friday
12:00:00 p.m. to Friday 11:59:59 a.m.) as required under FLSA. Employees are required to
obtain supervisor authorization prior to working any overtime.
1. Overtime Compensation —As stated in Memorandum-of-Understanding
2._ Compensatory Time -As stated in Memorandum-of-Understanding
LEAVE BENEFITS
When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9)
hours of eligible leave per workday shall be charged against the employee's leave balance or
eight (8) hours shall be charged if the day off is a Friday. All leaves shall continue under the
current accrual, eligibility, request and approval requirements.
1. General Leave —As stated in Memorandum-of-Understanding
2. Sick Leave —As stated in Memorandum-of-Understanding
3. Administrative Leave —As stated in Memorandum-of-Understanding
4. Executive Leave —As stated in Memorandum-of-Understanding
5. Bereavement Leave —As stated in Memorandum-of-Understanding
6. Holidays -
a. For a recognized city holiday, eight (8) hours, as stated in Section XII.B, are
earned for each holiday. For the charging of hours on a scheduled holiday, the
employee must use eight (8) hours of holiday time off and one (1) hour from the
employees General Leave, Compensatory Time, Administrative Leave, or
Executive Leave banks for a nine (9) hour workday charge or eight (8) hours
holiday time off for a Friday.
b. If a holiday falls on an FLSA non-exempt employee's Friday off, the employee
must then take the work shift before or after the holiday off with supervisor and
Department Head approval. If the employee cannot take the work shift before or
after the holiday off the employee will be granted eight (8) hours of general leave.
c. If a holiday falls on an FLSA exempt employee's Friday off, the employee must
then take a work shift off within the same work week with supervisor and
Department Head approval. FLSA exempt employees shall not be granted any
administrative/general leave or any added compensation for not taking a work shift
off on a scheduled holiday.
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Exhibit A to Res.No.2002-132
7. Jury Duty— The provisions of the Personnel Rules shall continue to apply, however, if an
FLSA exempt employee is called to serve on jury duty during a normal Friday off,
Saturday, or Sunday, or on a city holiday, then the jury duty shall be considered the
same as having occurred during the employees day off work, therefore, the employee will
receive no added compensation.
2003 MEO MOU Final 51 12/11/02 9:01 AM
Exhibit A to Res.No.2002-132
EXHIBIT I - 4/10 WORK SCHEDULE
This work schedule is known as the "4/10". The 4/10 work schedule is designed to be in
compliance with the requirements of the Fair Labor Standards Act (FLSA). In the event that
there is a conflict with the current rules, practices and/or procedures regarding work schedules
and leave plans, then the rules listed below shall govern.
4/10 WORK SCHEDULE DEFINED
The 4/10 work schedule shall be defined as working eight (8) days for eighty (80) hours in a two
week pay period by working eight (8) days (Monday through Thursday, Fridays off) at ten (10)
hours per day, plus a one-hour lunch during each work shift, totaling forty (40) hours in each
FLSA work week. The 4/10 work schedule shall not reduce service to the public, departmental
effectiveness, productivity and/or efficiency as determined by the City Administrator or
designee.
All employees on the 4/10 work schedule are subject to be called to work any time to meet any
and all emergencies or unusual conditions which, in the opinion of the City Administrator,
Department Head or designee may require such service from any of said employees.
OVERTIME DEFINED
FLSA Non-Exempt Employees —All non-exempt employees under the 4/10 work schedule shall
earn overtime for all hours worked after the first forty (40) hours in an FLSA work week as
required under FLSA. Employees are required to obtain supervisor authorization prior to
working any overtime.
1. Overtime Compensation—As stated in Memorandum-of-Understanding
2. Compensatory Time —As stated in Memorandum-of-Understanding
LEAVE BENEFITS
When an employee is off on a scheduled workday under the 4/10 work schedule, then ten (10)
hours of eligible leave per workday shall be charged against the employee's leave balance. All
leaves shall continue under the current accrual, eligibility, request and approval requirements.
1. General Leave —As stated in Memorandum-of-Understanding
2. Sick Leave —As stated in Memorandum-of-Understanding
3. Administrative Leave —As stated in Memorandum-of-Understanding
4. Executive Leave —As stated in Memorandum-of-Understanding
5. Bereavement Leave—As stated in Memorandum-of-Understanding
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Exhibit A to Res.No.2002-132
6. Holidays -
a. For a recognized city holiday, eight (8) hours, as stated in Section XII.B, are
earned for each holiday. For the charging of hours on a scheduled holiday, the
employee must use eight (8) hours of holiday time off and two (2) hour from the
employees General Leave, Compensatory Time, Administrative Leave, or
Executive Leave banks for a ten (10) hour workday.
b. If a holiday falls on an FLSA non-exempt employee's Friday off, the employee
must then take the work shift before or after the holiday off with supervisor and
Department Head approval If the employee cannot take the work shift before or
after the holiday off the employee will be granted eight(8) hours of general.leave.
c. If a holiday falls on an FLSA exempt employee's Friday off, the employee must
then take a work shift off within the same work week with supervisor and
Department Head approval. FLSA exempt employees shall not be granted any
administrative/general leave or any added compensation for not taking a work shift
off on a scheduled holiday.
7. Jury Duty- The provisions of the Personnel Rules shall continue to apply, however, if an
FLSA exempt employee is called to serve on jury duty during a normal Friday off,
Saturday, or Sunday, or on a city holiday, then the jury duty shall be considered the
same as having occurred during the employees day off work, therefore, the employee will
receive no added,compensation.
2003 MEO MOU Final 53 12/11/02 9:01 AM
Res. No. 2002-132
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 an regular meeting thereof held on the 16tn
day of December, 2002 by the following vote:
AYES: Coerper, Green, Cook, Houchen, Hardy
NOES: Sullivan, Boardman
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio C rk of the
City Council of the City of
Huntington Beach, California