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City Council - 2002-133
RESOLUTION NO. 2002-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING SALARY AND BENEFITS FOR FISCAL YEARS 2002/2003 AND 2003/2004 FOR MUNICIPAL EMPLOYEES ASSOCIATION WHEREAS,the City Council of the City of Huntington Beach desires to modify salary and benefits for Municipal Employees Association for fiscal years 2002/2003 and 2003/2004, NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1. Benefits and salary for Municipal Employees Association shall be modified as reflected in EXHIBIT "A," effective as indicated. SECTION 2. Except as modified, existing benefits shall remain in effect. SECTION 3. Any resolution in conflict herewith, whether by minute action or resolution of the City Council heretofore approved, is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of December 2002. Mayor ATTEST: APPROVED AS TO FORM: "", p City C4 er 7 ity Attorne � m*1VI, REVIEWED AND APPROVED: INITIATED AND APPROVED: City Ad inistrator Director of inistrative Services 01 reso/mea-emp/12/5/02 EXHIBIT A Exhibit A for Res:No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS Page PREAMBLE................................................................................................................................... 1 ARTICLEI- TERM OF MO ..................................................................................................... 1 ARTICLE H-REPRESENTATIONAL UNITICLASS.............................................................. 1 ARTICLE III-MANAGEMENT RIGHTS.................................................................................2 ARTICLE IV-EXISTING CONDITIONS.................................................................................2 ARTICLEV-SEVERABILITY...................................................................................................2 ARTICLE VI-SALARYSCHEDULE........................................................ ................... ...........2 A. Classification and Salary Rates 2 ARTICLEVII—SPECIAL PAY................................................................................................... 3 A. Education 3 1. Tuition Reimbursement.............................................................................................................................3 B. Acting Assignment 3 C. Assignment Pay 3 1. Leadworker Differential............................................................................................................................3 2. Shift Differential........................................................................................................................................3 a. Afternoon Shift.....................................................................................................................................3 b. Night ................................................................................... C. Shifts Defined...................... ......... ........: .....................................................................................4 3. Court Standby Time...... ......... ......... . .................... .....:... ...,....'. ........ .:....:.. :.......: :........,..4 4. Court Appearance Time ......... D. Special Certification/Skill Pay 4 1. Bilingual Skill............................................................................................................................................4 2. Shorthand Skill..........................................................................................................................................5 3. Plan Checker.Building..............................................................................................................................5 a. Plans Examiner ICBO Certification......................................................................................................5 b. EIT/AA Degree in Engineering............................................................................................................5 ARTICLE VIII- UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT.............................. 5 A. Uniforms and Safe1y Shoes 5 1. Safety Shoes—Cost...................................................................................................................................5 B. Tool Allowance 6 C. Vehicle Use 6 D. Process Owner Assignment Pay 6 ARTICLE IX—HOURS OF WORKIO VER TIME....................................................................... 6 A. Work Schedule 6 1. Work Periods under Fair Labor Standards Act.. ..................... ......... ..................... ......... ............6 2. Flex Schedule and Alternative Work Schedule-Civic Center Employees...............................................7 B. Hours of Work Defined g C. Overtime/Compensatory Time 8 1. Callback.....................................................................................................................................................8 2003 MEA MOU Final.doc i 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS Page 2. Mandatory Standby....................................................................................................................................9 3. Holiday Overtime......................................................................................................................................9 ARTICLE X—HEALTHAND OTHER INSURANCE BENEFITS.......................................... 9 A. Health 9 B. Eli ig'bility Criteria and Cost 9 1. City Paid Medical Insurance—EmMloyees and Dependents......................................................................9 2. Year 2003 Premiums .....................................................................................................1. 10 3. Future Premiums......................................:.:............................................................................................. 10 C. COBRA 10 D. Life and Accidental Death and Dismemberment 10 E. Long Term Disability Insurance 11 F. Medical Cash-Out 11 G. Section 125 Plan 11 H. Miscellaneous 11 ARTICLE Xf—RETIREMENT.................................................................................................. 12 A. Benefits 12 1. Self-Funded Supplemental Retirement Benefit....................................................................................... 12 2. Deferred Compensation(Retiree Medical Funding)................................................................................ 12 3. Medical.Insurance for Retirees......... . ......... ........................ ......... .................... 13 B. Public Employees' Retirement System 14 1. Employee's Contribution 14 2. Two Percent at Age 55 Formula 14 3. Pre-Retirement Optional Settlement 2 Death Benefit 14 4. Fourth Level of 1959 Survivor Benefits 14 ARTICLE XII—LEAVE BENEFITS......................................................................................... 1 S A. Leave With Pay 15 1. General Leave.......................................................................................................................................... 15 a) Accrual................................................................................................................................................ 15 b) El�i,ibility and Ap rp oval..................................................................................................................... 15 c) Family Sick Leave.............................................................................................................................. 15 d) Conversion to Cash............................................................................................................................. 15 e) One Week Minimum Vacation Requirement...................................................................................... 16 2. Holidays................................................................................................................................................... 16 3. Sick Leave............................................................................................................................................... 16 a) Accrual..................... ......... ... ........................... ..................... ....:............... ...:................... 16 b) Credit ......... . ........ ......... ......... ........... ........... ..... ...... ... ..... c) Usage........... ............... ... ..................... ......... ......... ......... ......... d) Family Sick Leave.............................................................................................................................. 17 e) Payoff at Termination......................................................................................................................... 17 d) Extended Absences............................................................................................................................. 17 4. Bereavement Leave................................................................................................................................. 17 5. Association Business............................................................................................................................... 17 2003 MEA MOU Final.doc ii 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS Page 6. J_ua Duty................................................................................................................................................. 17 7. Paterni, Leave........................................................................................................................................ 17 ARTICLEXIII- CITY RULES.................................................................................................. 18 A. Personnel Rules 18 1. Rule 5—Recruitment and Examination Procedure.................................................................................. 18 a) 5-4—Order of Certification................................................................................................................ 18 b) 5-14—Promotional Exams.................................................................................................................. 18 c) 5-20—Duration of Employment Lists................................................................................................ 18 2. Rule 7—Discipline............ ..................................................... ......... .............. ................. .......... 19 a) 7-2—Causes for Discipline.............: ......... ........ ............. .......: .............................................. 19 3. Rule 8—Termination............................................................................................................................... 19 a) 8-1 —Medical Examination. Evaluation of Employee's Work Capacity. Demotion,Transfer or Termination of Appointment........................................................................................................................ 19 b) 8-3—Layoff in Accordance with Length of Service...........................................................................20 c) 8-11—Re-Employment.......................................................................................................................20 4. Rule 9—Probation...................................................................................................................................20 a) 9-4—Rejection of Probationary Employee.........................................................................................20 5. Rule 12—Classification Plan...................................................................................................................20 a) 12-10—Temporaly Employees...........................................................................................................20 6. Rule 14—Additional Pay and Pay Adjustments......................................................................................21 a) 14-6—Salary Advancements to Meet Recruiting Problems or to Give Credit for Prior Service. Application for Other Advancements...........................................................................................................21 7. Rule 18—Attendance and Leaves............................................................................................................21 a) 18-8—Sick Leave.... ......... ............ .................................................................... ......... ..........21 b) 18-16-Industrial Accident Leave...... ....... ........ ......... ......... ..... ...: .... . .... ... ...... ..........21 c) 18-19—Maternity Leave...... .......:. :......:. ...:.:::. ......::..........:.. ..........23 d) 18-20—Leave of Absence without Pay..............................................................................................23 8. Rule 19—Grievance Procedure Non-Disciplinary Matters.....................................................................23 a) 19-5 Grievance Procedure...................................................................................................................23 1) Step 4—City Administrator.....................:......................................................................................23 2) Step 5—Personnel Board Hearing......._.........................................................................................24 9. Rule 20—Disciplinary Procedure and Ap e�al..........................................................................................24 a) 20-1—Purpose....................................................................................................................................24 b) 20-2—DisciplinM Procedures...........................................................................................................24 1) Notice of Proposed Adverse Action...............................................................................................24 2) Employee's Right to Respond........................................................................................................24 3) Time Off.........................................................................................................................................24 4) Final Notice of Decision................................................................................................................25 c) 20-3—Appeal to Personnel Commission............................................................................................25 1) Request for Appeal.........................................................................................................................25 2) Hearing...........................................................................................................................................25 3) Final Decision................................................................................................................................25 d) 20-4—Supplemental Hearing by Personnel Board.............................................................................25 e) 20-5—Employee Status on Pending Appeal.......................................................................................26 10.. Rule 21 —Grievance Procedures-General.. ......... ......... ...:..::. . :.............................................26 a) 21-7 Hearing Officers ......... ... .....:.. ........ ......... .........I................ ;. ..... .... ............ .......26 b) 2 1-11 Time. Computation of... ........................................... ......... ......... c) 21-12 Time. Extension of...................................................................................................................26 C. Rules Governing Layoff,Reduction in Lieu of Layoff and Re-Employ 26 I. Part 1—Layoff Procedure................ ................26 ........................................................................................ 2. Order of Layoff........................................................................................................................................28 2003 MEA MOU Final.doc iii 12/12/2002.8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS Page 3. Notification of Employees.............................. 29 ...................................................... ........ ........... ... 4. Part 2—Bumping Rights..........................................................................................................................30 a) Voluntary Reduction or Bumping in Lieu of Layoff..........................................................................30 b) Reinstatement/Re-employment Lists..................................................................................................30 c) Qualifications Appeal.........................................................................................................................30 d) Qualifications Anpeal Hearing............................................................................................................31 5. Part 3—Re-employment..........................................................................................................................31 a) Re-employment.......................................................................................................................:...........31 b) Status on Re-employment...................................................................................................................32 ARTICLE XIV-MISCELLANEOUS...................................... .................................................33 A. Grievance Arbitration 33 B. Promotional Procedures 33 1. Tie Scores................................................................................................................................................33 2. Salary_Upon Promotion...........................................................................................................................33 C. Labor-Management Relations Committee 34 D. Copies of MOU 34 E. Position Classification Issues 34 1. Class Specifications.................................................................................................................................34 2. _Reclassification Impact....................................................... 3. Surveyor Party Chief...............................................................................................................................35 4. Certificated Distribution Operator...........................................................................................................35 F. Class A and B Driver License Fees 35 G. Job Sharing 35 H. Deferred Compensation Loan Program 35 I. Performance EvaluationsAVritten Reprimand'Appeals 35 J. Employee Performance Evaluations 35 K. MEA Letter of Introduction 36 ARTICLE XV- CITY COUNCIL APPROVAL.........................................................................36 LISTOF MO U EXHIBITS......................................................................................................... 37 EXHIBITA - CLASSISALARYSCHEDULE........................................................................... 38 EXHIBIT B- UNIFORM POLICY............................................................................................ 43 A. General 43 B. Affected Personnel 43 C. Basic Uniform Components and Standard Allowances 43. D. Employee Responsibilities 44 E. Citv Responsibilities 44 F. Department Head Responsibilities 45 G. Purchases and Exceptions 45 2003 MEA MOU Final.doc iv 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS Page EXHIBIT C- VEHICLE USE POLICY.................................................................................... 47 Section 1 -Purpose 47 Section 2 -Scope 47 Section 3 -Policy 47 Section 4—Vehicle Use Criteria 47 Section 5—Insurance Requirements 49 EXHIBIT D-EMPLOYEE HEAL TH PLAN BROCHURE. ......... ........................................51 EXHIBIT E-DELTA CARE(PMI)DENTAL PLAN BROCHURE....................................... 52 EXHIBIT F-DELTA DENTAL PLAN BROCHURE............................................................. 53 EXHIBIT G- VISION(VSP)PLAN BROCHURE.................................................................. 54 EXHIBIT H-LONG TERM DISABILITYPLAN BROCHURE............................................ 55 EXHIBIT I-PROVISIONS OF THE RETIREE SUBSID Y MEDICAL PLAN.................... 56 EXHIBIT J-9180 WORK SCHEDULE..................................................................................... 64 EXHIBIT K-4110 WORK SCHED ULE.................................................................................... 67 2003 MEA MOU Final.doc v 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 Memorandum of Understanding between The City of Huntington Beach (hereinafter called City) and The Huntington Beach Municipal Employees' Association (hereinafter called Association or MEA) PREAMBLE WHEREAS, pursuant to California law, the City, acting by and through its designated representatives, duly appointed by the 'governing body of said City, and the representatives of the Association, a duly recognized employee association, have met and conferred in good faith and have fully communicated and exchanged information concerning wages, hours and other terms and conditions of employment for the period December 21, 2002 through December 19, 2003; and WHEREAS, the representatives of the City and the Association desire to reduce their agreements to writing, NOW THEREFORE, this Memorandum of Understanding is made to become effective December 21, 2002 and it is agreed as follows: ARTICLE I —TERM OF MOU A. This Memorandum of Understanding shall be in effect for a term commencing on December 21, 2002 through December 19, 2003. B. This Agreement constitutes the entire agreement of the parties with respect to improvements or changes in the salaries and monetary benefits for employees represented by the Association for the duration of this Agreement. ARTICLE II — REPRESENTATIONAL UNIT/CLASS It is recognized that the ASSOCIATION is the employee organization which has the right to meet and confer in good faith with the CITY on behalf of permanent employees of the CITY within those class titles set out in Exhibit "A" attached hereto and incorporated herein. The term "permanent" employee is used only to determine entitlement to certain benefits provided by this MOU and is defined as follows; an employee that has completed or is in the process of completing a probationary period in a permanent position in the competitive service in which the employee regularly works twenty hours or more per week. Additionally, the representation unit shall include all non-safety, non-management classifications which are created after execution of this agreement and are not included in another representation unit or determined in accordance with the Employer-Employee Relations Resolution to be more appropriately designated as non-associated classifications. 2003 MEA MOU Final.doc 1 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING ARTICLE III — MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the CITY retains all rights, powers and authority with respect to the management and direction of the performance of CITY services and the work forces performing such services, provided that nothing herein shall change the City's obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the CITY the right to make unilateral changes in wages, hours and terms and conditions of employment. Such rights include, but are not limited to, consideration of the merits, necessity, level or organization of CITY services, including establishing of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable for the performance of CITY services. ARTICLE IV— EXISTING CONDITIONS Except as expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing benefits, and terms and conditions of employment which have been established in prior Memoranda of Understanding, and/or provided for in the Personnel Rules of the City of Huntington Beach. ARTICLE V— SEVERABILITY If any article, sub-article, sentence, clause, phrase or portion of this Agreement, or the application thereof to any person, is for any reason held to be invalid or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement or its application to other persons. The City and the Association hereby agree that in the event any state or federal legislative, executive or administrative provision purports to nullify or otherwise adversely affect the wages, hours and other terms and conditions of employment contained in this Agreement or similarly purports to restrict the ability of the parties to negotiate a successor agreement, the City and the Association shall, without prejudice to either party's judicial remedies, endeavor to agree to alternative contractual provisions which are not adversely affected by said legislative, executive or administrative provision. ARTICLE VI — SALARY SCHEDULE A. Classification and Salary Rates Permanent employees shall be compensated at 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. All association represented employees hired after March 29, 2002 shall be required to utilize direct deposit of payroll checks. 2003 MEA MOU Final.doc 2 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING ARTICLE VII — SPECIAL PAY A. Education 1. Tuition Reimbursement 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. 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. 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. B. Acting Assignment If a permanent employee is formally assigned to work in a higher classification on a temporary basis for greater than three (3) consecutive weeks, the employee shall be compensated for all hours worked in the higher classification, in the same manner provided in Article XIV.B.2. C. Assignment Pay 1. Leadworker Differential Any permanent employee classified as "Leadworker" shall receive sixteen (16) ranges on the "Universal Salary Schedule" above the highest classification, which is assigned to the Leadworker to lead. 2. Shift Differential a. Afternoon Shift Permanent employees required to work on a regular assigned shift that occurs between the hours of 4:00 PM and midnight, shall be paid a premium equal to five percent (5%) of the employee's base hourly rate for all work performed during said shift. 2003 MEA MOU Final.doc 3 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING b. Night Shift Permanent employees required to work on a regularly assigned shift that occurs between midnight and 8:00 AM shall be paid a premium equal to ten (10%) percent of the employee's base hourly rate. c. Shifts Defined Permanent employees will be considered as assigned to the afternoon shift (4:00 PM to midnight) or the night shift (midnight to 8:00 AM) when five (5) or more hours of their regularly assigned shifts occur in the afternoon or night shift as defined herein. 3. Court Standby Time Crime Scene Investigators, Parking/Traffic Control Officers, Criminalists, Senior Criminalists, and Latent Fingerprint Examiners who are required to be on standby for a court appearance during other than their scheduled working hours shall receive a minimum of three hours straight time pay (including differentials in Article VI) for each morning and afternoon court session. 4. Court Appearance Time Crime Scene Investigators, Parking/Traffic Control Officers, Criminalists, Senior Criminalists, and Latent Fingerprint Examiners required to appear in court during other than their scheduled working hours shall receive a minimum of three hours pay at time and one half; provided, however, that if such time overlaps with the employee's scheduled working hours, said premium rate shall be limited to those hours occurring prior to or after the employee's scheduled work time. D. Special Certification/Skill Pay 1. Bilingual Skill 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. 2003 MEA MOU Final.doc 4 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 2. Shorthand Skill Employees who have successfully passed a shorthand skill test and who are required to use shorthand regularly in their jobs shall receive additional compensation in the amount of forty-six dollars and fifteen cents ($46.15) bi- weekly. Shorthand skill may be required for selected positions classified as Administrative Secretary, Secretary Legal Senior, Secretary Legal, Office Specialist (Typing), Office Assistant 11 (Typing), Deputy City Clerk II, and Deputy City Clerk I. Employees who have not passed a shorthand skills test will not be required to use shorthand. 3. Plan Checker, Building a. Plans Examiner ICBO Certification Incumbents who have completed their probationary period in the class of Plan Checker, Building who have attained certification as Plans Examiner by I.C.B.O. (International Conference of Building Officials) shall receive additional compensation in the amount of forty-six dollars and fifteen cents ($46.15) bi-weekly, provided that active certification is maintained. b. EIT/AA Degree in Engineering Incumbents in the classification of Plan Checker, Building who have successfully completed the State of California examination for Engineer-in-Training or who have obtained an Associate of Arts degree in engineering or equivalent major, shall receive additional compensation in the amount of sixty-nine dollars and twenty-three cents ($69.23) bi-weekly ARTICLE VIII — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. Uniforms and Safety Shoes The City's Uniform and Safety Shoe Policy shall be set forth in Exhibit "B" a copy of which is attached hereto and incorporated herein by this reference, provided however, that employees represented by MEA working in the Police Department shall be issued property in accordance with the equipment issue form for the particular position to which they are assigned. Uniform replacement for employees represented by MEA who are assigned to the Police Department shall be as stated in the Police Department Manual of Rules and Regulations. 1. Safety Shoes — Cost The CITY shall furnish safety shoes in accordance with the procedures and guidelines as set forth in Exhibit "B", provided however, that the maximum amount to be reimbursed for a pair of safety shoes will not exceed one hundred and eighty-five dollars ($185.00) per pair every six months or sooner, if necessary. 2003 MEA MOU Final.doc 5 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING B. Tool Allowance Those permanent employees, who are required to furnish their own personal tools for use on the job, shall be provided with a tool allowance to offset a portion of the cost for said tools that are lost, stolen or broken when in use on the job. Such allowance shall be eight hundred ($800) per year, payable in January of each year, separate from payroll checks to those employees on active duty. In the event a permanent employee is hired or separates his/her tool allowance for that calendar year shall be prorated on the basis of the total number of months in which he/she was employed on the first working day of the year. It is understood that the employee has the responsibility to exercise care and diligence in preventing the loss, theft and breakage of his or her personal tools. C. Vehicle Use The City Vehicle Use Policy shall be indicated in the document attached hereto and by this reference incorporated herein as Exhibit C. Approval is required by the City Administrator or designee for any City vehicle to be taken home by an association employee. D. Process Owner Assignment Pay Those employees performing assignments designated by the City as "process owner" assignments shall receive premium pay equal to ten percent (10%) of the employee's base hourly rate. Process owner assignments are designated by the employee's department head and approved by the City Administrator or his designee. Designated employees are responsible for JD Edwards applications setup, design, troubleshooting and training. Process owners have system coordination responsibilities as distinguished from users of the system. ARTICLE IX— HOURS OF WORK/OVERTIME A. Work Schedule It is the intent of the city to provide an opportunity for MEA 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. 1 Work Periods under Fair Labor Standards Act It is understood that the city.may establish a work period for each covered employee which meets the requirements of the Fair Labor Standards Act (FLSA) and which will not result in overtime compensation as part of a normal work schedule. 2003 MEA MOU Final.doc 6 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 2. Flex Schedule and Alternative Work Schedule - Civic Center Employees Effective February 1, 2003, with supervisor and Department Head approval, MEA employees may flex regular scheduled start times between the hours of 7:00 a.m. to 9:00 a.m. in half-hour increments (i.e. 7:00 a.m., 7:30 a.m., 8:00 a.m., 8:30 a.m., and 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. Effective February 1, 2003, MEA employees will have the option of working a 5/40 or 9/80 work schedule with supervisor, and Department Head approval. MEA employees assigned to the Police Department 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 FLSA with City Administrator approval. a. 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. b. 9/80 Work Schedule The 9/80 work schedule, as outlined in Exhibit J, 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. c. 4/10 Work Schedule The 4/10 work schedule, as outlined in Exhibit K, shall be defined as working four (4) ten (10) hour days each week plus a one-hour lunch during each work shift, totaling a forty (40) hours in each FLSA work week. The assigned 4/10 work schedule must be in compliance with the requirements of FLSA. 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 MEA MOU Final.doc 7 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING d. Existing Alternative Work Schedules Non Civic Center MEA employees who had an alternative work schedule (9/80 or 4/10) prior to February 1, 2003 shall retain that alternative work schedule. Civic Center MEA employees who had an alternative work schedule (9/80) prior to February 1, 2003 may revert to that alternative work schedule (9/80) in the event his or her supervisor and/or Department Head determine that the 9/80 schedule'set forth in this article is inappropriate for the employee's classification. B. Hours of Work Defined General leave, holidays, sick leave and compensatory time shall be counted as hours worked. C. Overtime/Compensatory Time It shall remain the policy of the City that overtime is to be used only as needed or under emergency conditions as approved by the City Administrator. FLSA "non-exempt" employees shall receive overtime pay or compensatory time for hours worked over forty (40) hours in a work week at time and one half of the employee's FLSA regular rate of pay. The employee's supervisor shall determine if employee receives overtime pay or compensatory time. Consideration shall be given to effectuating the request of the employee. Once per fiscal year an employee may cash out up to sixty (60) hours of banked compensatory time. The employee shall give payroll two (2) weeks advance notice of their decision to exercise such option. If an employee is formally assigned to work in an FLSA "exempt" classification on a temporary basis for greater than three (3) consecutive weeks, the employee shall be compensated for hours worked over forty in a work week with compensatory time off and shall not be eligible for overtime pay, beginning after the third consecutive week working in the FLSA exempt classification. Employees shall accrue compensatory time on an hour for hour basis. FLSA non-exempt overtime pay and compensatory time rules, as stated above, shall apply for temporary FLSA exempt assignments that are less than three (3) weeks. Upon promotion to an FLSA "exempt" classification all compensatory time off shall be cashed out prior to promotion at the employee's current FLSA regular rate of pay in the "non-exempt classification. 1. Callback The City will reimburse permanent employees called back to work a minimum of two (2) hours of pay at the rate of time and one-half (1 Y2) their regular hourly rate. A supervisor shall notify an employee, in advance, of the need to work overtime. Where overtime is worked as an extension of the 2003 MEA MOU Final.doc 8 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING ' workday, it shall not be considered call back. While overtime may be required to be worked, it is the City's policy to discourage the working of overtime, and to provide reasonable notification to an employee should overtime be required. 2. Mandatory Standby A permanent or probationary employee who is placed on standby status by their supervisor shall be compensated at an hourly rate equal to 0.180 of their base hourly rate for the entire period of such assignment. 3. Holiday Overtime Permanent employees who are required to work on a legal holiday as designated in Article XII.A.2 shall be compensated at the rate of time and one-half the hourly rate exclusive of any other premiums for all hours worked on said holiday. Holiday pay (time and one-half) will be compensated for work performed on the actual holidays as designated in Article XI I. ARTICLE X— HEALTH AND OTHER INSURANCE BENEFITS A. Health The city shall continue to make available group medical, dental _and vision benefits to all MEA employees. B. Eligibility Criteria and Cost 1. City Paid Medical Insurance— Employees and Dependents The City shall pay for health insurance for qualified employees and dependents, effective the first of the month following one month of continuous service as a permanent employee, except that a permanent part-time employee assigned to a work schedule of less than 2,080 hours, but more than 1,560 hours per year, must complete eighteen (18) months of continuous service, and a permanent part-time employee assigned to a work schedule of less than 1,560 hours, but more than 1,040 hours per year must complete two (2) years of continuous service before the CITY shall make such payments as set forth above. For purposes of determining continuous service, there shall be no accrual of hours for the period of time an employee is on a non-pay status for a complete pay period. A permanent employee is considered to be continuously employed where there has been no separation from City service. 2003 MEA MOU Final.doc 9 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 2. Year 2003 Premiums The city "caps" its contributions for 2003 premiums at the level set forth in the chart below: Monthly City Dental Dental Paid Premium City Plan HMO (PPO) (PMI) Vision 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 813.62 682.46 116.36 59.81 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 3. 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 in 2004 and beyond, even if premium increases result in these additional costs being borne by the employee. C. COBRA Permanent employees who terminate their employment with the City and dependents of permanent employees shall have any and all the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) benefits to which the law entitles them. D. Life and Accidental Death and Dismemberment .The City shall provide for each permanent employee, at City's cost, $25,000 of life insurance and $10,000 accidental death and dismemberment insurance. The City shall also provide for the availability of optional supplemental life and accidental death and dismemberment insurance coverage at the employee's cost. 2003 MEA MOU Final.doc 10 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING ' E. Long Term Disability Insurance The City shall provide for each permanent employee at the City's expense a long-term disability insurance plan comparable to the Group Disability Insurance Plan in effect on February 1, 1995 (Exhibit "J"). Such plan shall be modified effective November 21, 1988, to provide benefits as outlined in Plan B of Exhibit "J". The parties agree to exclude the first year of job related illness or injury from coverage on condition that the plan provides for a coordination with sick leave, general leave and holidays which is satisfactory to the Association. F. 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 the 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. G. Section 125 Plan This plan allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or medical expenses. H. Miscellaneous 1. Nothing in this Article shall be deemed to restrict the City's right to change insurance carriers or self-fund should circumstances warrant. City shall, however, notify the Association of any proposed change, and allow the Association an opportunity to review any proposed change and make recommendations to the City. 2. Nothing in this Article shall be deemed to obligate the City to improve the benefits outlined in this Article. 3. When the City grants an employee leave without pay for reason of medical disability, the City shall maintain the City paid employees' insurance premiums for the time the employee is in a non-pay status for the length of said leave not to exceed twenty-four (24) months. The City shall provide timely written notification of employee rights under this Article and the Long Term Disability Plan and will assist the employee in processing LTD claims so that undue delay in receiving LTD payments is avoided. 4. The City and the Association agree to establish and participate in a citywide joint Labor and management insurance and benefits" advisory committee to discuss and study issues relating to insurance benefits available for employees. 5. Health Plan Over-Payments - Unit members shall be responsible for accurately reporting changes in the status of dependent(s) which affect their eligibility for health plan coverage ninety (90) days after the date of 2003 MEA MOU Final.doc 11 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING such status change. The.City shall use its best efforts to advise all unit members of their obligation to report changes in the status of dependent(s), which affect their eligibility. If an employee fails to report a status change that affects eligibility within ninety (90) days, the City shall have the right to recover any premiums paid by the City, on behalf of ineligible dependents. Recovery of such overpayments shall be made as follows: a. The employee's bi-weekly salary warrant shall be reduced *by one- half of the amount of the bi-weekly overpayment. Such reduction shall continue until the entire amount of the overpayment is recovered. b. The City shall be entitled to recover a maximum of 12 months premium overpayments. Neither the employee nor the dependent shall be liable to the City other than as provided herein. ARTICLE XI — RETIREMENT A. Benefits 1. Self-Funded Supplemental Retirement Benefit Employees hired prior to December 27, 1997_are eligible for the Self- Funded Supplemental Retirement Benefit, which provides that: a. In the event a PERS member elects Option #2 (Section 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 retiree would leave received for his or her life alone. This payment shall be made only to the retiree shall be payable by the City during the life of the member, and upon that retiree's death, the City's obligation shall cease. The method of funding this benefit shall be the sole discretion of the City. This benefit is vested for permanent employees covered by this Agreement (Note: The options provide that the allowance is payable to the retiree until his or her death, and then either the entire allowance ([Option #2] or one- half of the allowance [Option #3] is paid to the beneficiary for life.) b. Employees hired on or after December 27, 1997 shall not be eligible for this benefit referenced in A.1.a. herein above. 2. Deferred Compensation (Retiree Medical Funding) The City and the Association agree to continue the existing funding mechanism whereby permanent employees may set aside funds that, at retirement may be used for funding their medical insurance premiums. The parties agree to utilize the existing Deferred Compensation Plan as said funding mechanism. Any permanent employee who contributes one dollar 2003 MEA MOU Final.doc 12 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING ($1.00) or more per pay period to his or her deferred compensation account shall receive an employer contribution to the employee's deferred compensation account in the amount of five dollars and fifty cents ($5.50) per pay period. 3. Medical Insurance for Retirees a. Upon retirement, whether service or disability, each permanent employee shall have the following options in regards to -medical insurance under City sponsored plans: 1) With no change in benefits, retirees can stay in any of the plans offer b the a City, at the retirees own expense, for the Y Y� p , maximum time period required by Federal Law (COBRA), or 2) Retirees retiring after approval of this MOU may participate in the Retiree Medical Plan, attached hereto as Exhibit K, as amended, or the Health Maintenance Organization (HMO) plan currently being offered to retirees, based upon the eligibility requirements described in Exhibit K. b. Retired employees exercising either option pursuant to Article XI.A.3a. above may cause the premiums owed by the retiree to be paid by the City out of any available funds<due and owing them for unused sick leave benefits upon retirement, as provided in Article XII.A.3.; provided, however, that whenever any such retired employee does not have any such available funds with which to cause the premiums to be paid, he or she shall have. the opportunity to. provide the City with sufficient funds to pay the premiums. At retirement, the sick leave hours remaining shall be converted to a dollar figure, as provided in Article XII.A.3. and an estimate shall be provided by the City to the retired employee as to the approximate number of months the group insurance can be paid by such sick leave dollars. The City shall notify any retired employee whose funds for unused sick leave benefits are about to be exhausted of such fact in writing by certified mail, return receipt requested, at the retired employee's most recent address of record with the City no later than three (3) months prior to the date upon which there will not be sufficient funds to pay premiums. It shall be the individual retiree's responsibility either to insure that there are sufficient sick leave dollars available to pay premiums or to make premium payments at least one (1) month in advance to continue the group insurance in effect. If, following exhaustion of sick leave funds, a retired employee fails to provide the City with sufficient additional funds to pay premiums, the City shall have the right to notify said retired employee in the manner prescribed above that it intends to cause his or her coverage to be terminated for non-payment of premiums, and the further right to terminate such 2003 MEA MOU Final.doc 13 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING coverage if such default has not been cured within thirty five (35) days of mailing notice. Any retired employee electing to obtain such medical insurance coverage after retirement shall have the further option to terminate such coverage following the provision of thirty (30) days written notice to the City, whereupon any funds due and owing him or her for unused sick leave benefits that have not been exhausted to pay these health insurance premiums shall be paid in a lump sum to the retired employee within thirty (30) days following receipt by the City of such notice; provided, however, that once such retired employee elects to terminate such coverage, he or she shall be precluded from securing it at a later date at the group rate. B. Public Employees' Retirement System 1. Employee's Contribution Each permanent employee covered by this Agreement shall be reimbursed an amount equal to seven percent (7%) of the employee's base salary as a pickup of the employee's contribution to the Public Employees' Retirement System. The above PERS pickup is not base salary, but is done pursuant to Section 414 (h)(2) of the Internal Revenue Code. 2. 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 Employees shall be covered by the Pre-Retirement Optional Settlement 2 Death Benefit as identified in Section 21548 when approved by the City Council. 4. Fourth Level of 1959 Survivor Benefits Employees shall be covered by the Fourth Level of the 1959 Survivor Benefit as identified in Section 21574 when approved by the City Council. 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 CalPERS) 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 MEA MOU Final.doc 14 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING ARTICLE XII — LEAVE BENEFITS A. Leave With Pgy 1. General Leave a) Accrual Employees accrue leave at the accrual rates outlined below. General leave maybe 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 b) 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. c) 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). d) 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 value of each hour of conversion is the employee's current base hourly 2003 MEA MOU Finai.doc 15 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING rate, as reflected by job type in Exhibit A. The employee shall give two (2) weeks advance notice of his/her desire to exercise such option. e) One Week Minimum Vacation Requirement Employees in the following positions, or their reclassified equivalent, in the Office of the City Treasurer or the Administrative Services department, shall take a minimum of one week (i.e., five consecutive work days) paid vacation each calendar year: Office of the City Treasurer - Accounting Technician I; Accounting Technician II; Senior Accounting Technician; Supervisor Accounting Technician; Field Service Representative: Administrative Services Department - Senior Accountant (responsible for bank reconciliation). 2. Holidays All permanent employees represented by the Association shall have the following legal holidays with eight (8) hours of pay: 1. New Year's Day 2. Martin Luther King Day (third Monday in January) 3. Washington's Birthday (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 or by the Governor of the State of California to be a state holiday and adopted as an employee holiday by the City Council of Huntington Beach. Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. 3. Sick Leave a) Accrual No employee shall accrue sick leave: b) Credit Employees hired prior to March 30, 2002 shall be credited with their sick leave accrued as of March 29, 2002. 2003 MEA MOU Final.doc 16 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING c) Usage Employees may use accrued sick leave for the same purposes for which it was used prior to March 30, 2002. d) Family Sick Leave As stated in Personnel Rule 18-8. e) Payoff at Termination Upon termination, all permanent employees shall be paid, 'at their current salary rate, for twenty-five percent (25%) of unused, earned sick leave from 480 hours through 720 hours, and for fifty percent (50%) of all unused, earned sick leave in excess of 720 hours. d) Extended Absences Sick leave shall not be used to extend absences due to work related (industrial) injuries or illnesses. 4. Bereavement Leave Permanent employees shall be entitled to bereavement leave not to exceed (3) work shifts 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. 5. Association Business An allowance of 50 hours per year shall be established for the purpose of allowing duly authorized representatives of the Association to conduct lawful Association activities. 6. Jury Duty Employees who are regularly scheduled to work on swing or graveyard shifts shall be placed on a day shift if they are required to appear for jury duty or selection for a period of more than one day. 7. 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). 2003 MEA MOU Final.doc 17 12/12/2002 8:52 AM MUNICIPAL EMPLOYEES' ASSOCIATION Exhibit A for Res.No.2002-133 MEMORANDUM OF UNDERSTANDING , ARTICLE XIII — CITY RULES A. Personnel Rules The City and the Association agree to implement the following rules and accordingly revise the Personnel Rules as described herein: 1. Rule 5 — Recruitment and Examination Procedure a) 5-4 — Order of Certification Whenever certification is to be made, the eligibility lists, if active and not exhausted shall be used in the following order' 1) Re-employment list 2) Promotional list 3) Employment List If fewer than five (5) names of persons willing to accept appointment are on the list from which certification is to be made, then additional eligibles shall be certified from the various lists next lower in order of preference until five (5) names are certified. If there are fewer than five (5) names on such lists, there shall be certified the number thereon. In such case, the appointing authority may demand certification of five (5) names and examinations shall be conducted until five (5) names may be certified. In the event the appointing authority does not choose to appoint from the five (5) names certified, a new examination maybe 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: c) 5-20 — Duration of Employment Lists Employment lists shall remain in effect for one (1) year from the date of the last examination, unless sooner exhausted. Promotional lists and entry level employment lists may be extended prior to expiration date by the Human Resources Manager when requested by the Department 2003 MEA MOU Final.doc 18 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING Head, for additional periods but in no event shall an employment list remain in effect for more than two (2) years. Names placed on such lists shall be merged with others already on the list in order of scores. 2. Rule 7 — Discipline a) 7-2 — Causes for 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 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 2003 MEA MOU Final.doc 19 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING - competitive examination, subject to the approval of the department head. (The City and Association agree to meet biannually to discuss the 8-1 process). b) 8-3 — Layoff in Accordance with Length of Service The City and the Association agree that the first sentence in Personnel Rule 8-3 shall be modified to read as follows: Layoff shall be made in accordance with the relative length of the last period of continuous service of the employees in the class of layoff, provided, however, that no permanent employee shall be laid off until all temporary, acting and probationary employees in the competitive service holding positions in the same class are first laid off. c) 8-11 — Re-Employment With the approval of the 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 9 — Probation a) 9-4 — Refection of Probationary Employee Any employee rejected during the probationary period following a promotional appointment, shall receive a performance evaluation for the probationary period served and be reinstated to the position from which the employee was promoted unless charges are filed and the employee is discharged. When an employee is returned to his/her former class under the provisions of this Section, the employee shall serve the remainder of any uncompleted probationary period in the former class. 5. Rule 12 — Classification Plan a) 12-10 —Temporary Employees Employment on a basis other than permanent or probationary to a permanently budgeted position not to exceed 1000 hours in any twelve (12) month period. Employees occupying temporary positions shall not be included in the competitive service and shall not be subject to these rules and regulations. 2003 MEA MOU Final.doc 20 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING - 6. Rule 14 —Additional Pay and Pay Adjustments a) 14-6 — Salary Advancements to Meet Recruiting Problems or to Give Credit for Prior Service. Application for Other Advancements The Department Head, through the 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. 7. Rule 18 —Attendance and Leaves a) 18-8 — Sick Leave The parties agree to modify Section 18-8(d) of the Personnel Rules to provide: Sick leave may be used for an absence due to illness of the employee's spouse, child, stepchild or parent when the employee's presence is required at home, provided that such absence shall be limited to five (5) days per calendar year. b) 18-16 — Industrial Accident Leave In the event a permanent employee, who is a miscellaneous member of the Public Employees' Retirement System (PERS), is temporarily totally disabled as a result of an injury or illness arising out of and in the course of employment and covered by the State of California Workers' Compensation Insurance and Safety Act, resulting light duty assignments due to the injury or illness or absences from work shall be considered Industrial Accident Leave as that term is defined by this rule. A permanent employee eligible for Industrial Accident Leave shall receive compensation from the City in an amount equal to the employee's regular rate of salary during such period of temporary total disability. Benefits received under this rule shall be in lieu of statutory Workers' Compensation benefits. Industrial Accident Leave shall continue during all absences resulting from the injury or illness, including those absences attributable to doctor's appointments, therapy, or other follow-up medical visits, but in no case exceeding one year of accumulated absences attributable to the same injury or illness. In the event an employee is temporarily, totally disabled by coinciding 2003 MEA MOU Final.doc 21 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING qualifying injuries or illnesses, periods of absences shall be applied concurrently to all qualifying injuries or illnesses. Industrial Accident Leave compensation shall begin on the first day an eligible employee is absent due to a qualifying injury or illness as defined above. Industrial accident Leave compensation will terminate on the earliest of the following: 1) The date upon which the injury or illness giving rise to eligibility for compensation under this rule is declared permanent and stationary by a treating or examining physician; or 2) The date PERS approves an application for disability retirement benefits filed by the employee or by the City; or 3) The employee receives thirty (30) days advance notice and refuses to submit to a medical examination ordered by PERS pursuant to Government Section 21154 or otherwise refuses to cooperate with PERS in determining whether the employee is incapacitated for the performance of duty; or 4) The employee receiving Industrial Accident Leave Compensation applies for service-connected retirement benefits; or 5) The employment of the affected employee is otherwise separated. If an injured worker remains temporarily disabled after receiving one year of Industrial Accident Leave for accumulated absences or light duty work attributable to the same injury or illness, the employee will receive temporary total disability benefits as specified by the State of California Workers' Compensation Insurance and Safety Act. Any period of time during which an employee is absent from work by reason of injury or illness for which he or she is entitled to receive Industrial Accident Leave compensation will not constitute a break in continuous service for the purposes of salary adjustments, sick leave, vacation accruals, and length of service computation. In the event an employee who is receiving or has received Industrial Accident Leave compensation makes a claim or initiates legal action against a third party for allegedly causing or contributing to the injury or illness resulting in the inability to work, the employee is required to notify in writing the City's Risk Management Division of the claim or commencement of such action within ten (10) days of the claim or such commencement. The City retains its rights of subrogation in all such instances. 2003 MEA MOU Final.doc 22 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING c) 18-19 — Maternity Leave The City and the Association agree to modify the present Personnel Rule 18-19 Maternity Leave to read as follows: "A permanent employee shall be entitled to a leave of absence without pay due to inability to work due to pregnancy. The employee will be entitled to use available sick leave during this period. Said leave must be requested in writing from the Department Head and must include written notification from the employees physician stating the last day the employee may work and the estimated duration of leave. The employee must obtain written authorization to return to work from the attending physician. Said authorization must be filed with the Department Head and the Human Resources Manager." d) 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. 8. Rule 19 — Grievance Procedure Non-Disciplinary Matters a) 19-5 Grievance Procedure 1) Step 4 — City Administrator If the grievance is not settled under Step 3, the grievance may be presented to the City Administrator in accordance with the following procedure: Within fifteen (15) days after the time the decision is rendered under Step 3 above, a written statement of the grievance shall be filed with the 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. 2003 MEA MOU Final.doc 23 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING - 2) 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 approval or-ratification by the Personnel Commission. The hearing officer shall hear the case and make recommended findings, conclusions and decision in the form of a written report and recommendation to the 'Personnel Commission. In lieu of the hearing officer process, the Personnel Commission may agree to hear a case directly upon submission of the case by mutual consent of the parties. 9. Rule 20 —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 employee's 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. 2003 MEA MOU Final.doc 24 12/12/2002 8:52 AM MUNICIPAL EMPLOYEES' ASSOCIATION Exhibit A for Res.No.2002-133 MEMORANDUM OF UNDERSTANDING 4) Final Notice of Decision After an employee has responded to or waived his/her right to respond to the proposed adverse action, the employee shall be served with a final Notice of Decision from his/her department head. The final written Notice of Decision shall state whether or not the proposed action shall be taken or modified, and the reasons therefore and effective date or the action. c) 20-3 —Appeal to Personnel Commission Disciplinary action involving the termination, suspension, demotion or other reduction in pay may be appealed to the Personnel Commission for de novo hearing and final determination in accordance with the following procedure: 1) Request for Appeal Within five (5) days after the employee's receipt of a final Notice of Discipline, a written request for an appeal to the Personnel Commission shall be submitted to the 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. 2003 MEA MOU Final.doc 25 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 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. 10. Rule 21 — Grievance Procedures - General a) 21-7 Hearing Officers The hearing officer provided for in Rules 19 and 20 shall be from a list provided by the Personnel Commission or one selected by mutual consent of the parties. b) 21-11 Time. Computation of The period of time in which any act must occur, as provided in these rules, shall be computed by excluding the first and including the last day of such period, and in the event the last day falls on a Saturday. Sunday or legal holiday, such acts may be accomplished on the next succeeding working day. As used in Rules 19 and 10, all references to days shall be interpreted to mean calendar days. c) 21-12 Time. Extension of The City and the employee, or employee organization may, by mutual consent, extend the time period within which an act must occur in the processing of grievances. 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 limited to automation or other technological changes, it is the policy of the City that steps be taken by the Personnel Division on an interdepartmental basis to assist such 2003 MEA MOU Final.doc 26 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING employee in locating, preparing to qualify for, and being placed in other positions in the competitive service. This shall not be construed as a restriction on the City government in effecting economies or in making organizational or other changes to increase efficiency. 3) A department shall reduce staff by identifying which positions within the department are to be eliminated. 4) The employee who has the least City-wide service credit in the class within the department shall have City-wide transfer rights in the class pursuant to Part 1, Section 3, Transfer or Reduction to Vacancies in Lieu of Layoffs, or within the occupational series pursuant to Part 2, Bumping Rights. 5) If a deadline within this procedure falls on a day that City Hall is closed, the deadline shall be the next day City Hall is open. b. Service Credit 1) Service credit means total time of full-time continuous service within the City at the time the layoff is initiated, including probation, paid leave or military leave. Permanent part-time employees earn service credit on a pro-rata basis; 2) Except as required by law, leaves of absence without pay shall not earn service credit. 3) As between two or more employees who have the same amount of service credit, the employee who has the least amount of service in class shall be deemed to be the least senior employee. c. Transfer or Reduction to Vacancies in Lieu of Layoff 1) In lieu of layoff, a transfer within class shall be offered to an employee(s) with the least amount of service credit in the class designated for staff reduction within a department subject to the following: a) The employee has the necessary qualifications to perform the duties of the position. b) The employee shall be given the opportunity, in order of service credit, to accept a transfer to a vacant position in the same class within the City, provided the employee has the necessary qualifications to perform the duties of the position. 2003 MEA MOU Final.doc 27 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 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 lists) 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 MEA MOU Final.doc 28 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 3. Notification of Employees a) The Personnel Division shall give written notice of layoff to the employee by personal service or by sending it by certified mail to the last known mailing address at least fifteen (15) calendar days prior to the effective date of the layoff. Normally notices will be served on employees personally at work. b) Layoff notices may be initially issued to all employees who -may be subject to layoff as a result of employees exercising voluntary reduction/bumping rights. c) The notice of layoff shall include the reason for the layoff, the effective date of the layoff, the employee's hire date and the employee's service credit ranking. The notice shall also include the employee's right to bump the person in a lower class with the least service credit within the occupational series provided the employee possesses the necessary qualifications to successfully perform the duties in. the lower class and the employee has more service credit than the incumbent in the lower class. d) The written layoff notice given to an employee shall include notice that he or she has seven (7) calendar days from the date of personal service, or date of delivery of mail if certified, to notify the 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 MEA MOU Final.doc 29 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING 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 Resources 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 Resources Manager's decision, the employee may appeal pursuant to the provisions of Sections 3 and 4 below. b) Reinstate me nt/Re-e m ployment Lists Any employee who takes a reduction to a position in a lower class within the occupational series in lieu of layoff shall be placed on tile reinstatement/re-employment list pursuant to Part 3, Re-employment. c) Qualifications Appeal Any employee who is denied a reduction to a position in a lower class within the occupational series on the basis that the employee does not possess the necessary qualifications to successfully perform the duties of the lower position may appeal the decision. The appeal shall be filed with the Human Resources Manager within five (5) calendar days of the employee's receipt of written notice of the decision and 2003 MEA MOU Final.doc 30 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING reason(s) for denial. The employee's appeal shall be in writing and shall include supporting facts or documents supporting the appeal. d) Qualifications Appeal Hearing 1) Upon receipt of an appeal, the Human Resources 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 the 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 the top of the list, providing that the person meets the necessary qualifications for tile position. 4) Names of persons are to be removed from the reemployment list for a class if on two (2) occasions they decline an offer of employment or on two (2) occasions fail to respond to offers of 2003 MEA MOU Final.doc 31 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING employment in a particular class within five (5) calendar days of receipt of written notice of an offer. Any employee who is dismissed from the City service for cause shall have his or her name removed from all re-employment lists. 5) Re-employment lists shall be available to HBMEA and affected employees upon reasonable request, 6) Qualification appeals involving reemployment rights shall be resolved in the same manner as that identified in Part 2., Section 4. b) Status on Re-employment 1) Persons re-employed from layoff within a two (2) year period from the date of layoff shall receive the following considerations and benefits: a) Service credit held upon layoff shall be restored, but no credit shall be added for the period of layoff. b) Prior service credit shall be counted toward sick leave and vacation accruals. c) Employees may cash in sick leave upon layoff or at any time after layoff in the manner and amount set forth in existing Memoranda of Understanding for that employee's unit. Sick leave shall be paid to an employee when the reemployment list(s) expire(s), if not previously paid. d) Upon reinstatement the employee may have his or her sick leave re-credited by repayment to the City the cashed amount. Sick leave accumulation of less than 480 hours shall be restored upon reemployment. e) The employee shall be returned to the salary step of the classification held at the time of the layoff and credited with the time previously served at that step prior to being laid off. f) The probationary status of the employee shall resume if incomplete. - 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 MEA MOU Final.doc 32 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING ARTICLE XIV—MISCELLANEOUS A. Grievance Arbitration Any grievance as defined and described in Rules 19 and 20 of the City Personnel Rules (Resolution No. 3960), shall be settled in accordance with the procedures set forth in said Rules except that the parties to the grievance may, by mutual agreement, submit the grievance to a neutral arbitrator whose decision shall be final and binding on the parties. The arbitrator shall be selected by the parties from listings of and pursuant to the rules of the American Arbitration Association. This procedure, if adopted by the parties, shall be in lieu of Step 5 of Rule 19, or Step 4 of Rule 20, and the fees charged by the arbitrator or hearing officer and court reporter shall be paid by the party, which is not the prevailing party. B. Promotional Procedures 1. Tie Scores When promotions are to be made, and two or more employees are found to be equal as a result of promotional examinations conducted by the city, the employee with the greatest length of service with the city shall receive the promotion. 2. Salary Upon Promotion Upon promotion, an employee shall be compensated at the same step in the salary range for his or her new classification, subject to the following provisions: a. Except for the provisions. of sub-paragraphs b and c below, no employee shall receive greater than ten percent (10%) increase upon promotion. b. If "A" Step of the classification upon promotion is greater than 10% increase, the employee shall be compensated at "A" step upon promotion. c. If the employee would be eligible for a step increase within eleven (11) months of the date of promotion in his or her classification before promotion, then the Human Resources Manager may authorize an increase greater than ten percent (10%) upon promotion. 2003 MEA MOU Final.doc 33 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING C. Labor-Management Relations Committee The City and MEA will institute a Labor-Management Relations Committee as follows: 1. The Association and the Employer recognize that the participation of employees in the formulation and implementation of personnel policy and- practices affects their well-being and the efficient administration of the Government. The parties further recognize that the entrance into a formal agreement with each other is but one act of joint participation, -and that the, success of a labor-management relationship is further assured if a forum is available and used to communicate with each other. The parties therefore, agree to the structure of Labor-Management Relations Committees (LMRC) for the purpose of exchanging information and' the discussion of matters of concern or interest to each of them, in the broad area of working conditions, wages and hours. 2. The City of Huntington Beach shall have an LMRC. The formation of this LMRC shall not serve as the basis for reopening the meet and confer process to modify this MOU. 3. The LMRC shall meet monthly. The employer shall be represented by the City Administrator (or designee), the Human Resources Manager (or designee), and Department Heads. Four representatives at these meetings shall represent the Association. 4. The Employer agrees that any meeting conducted under this article shall be conducted in facilities furnished by the Employer, and Association representatives shall be released from their duties to attend the LMRC. 5. The parties shall exchange agenda items five workdays before each scheduled LMRC meeting described in this section. Matters not on the agenda may be discussed by mutual consent. If either party timely forwards an agenda, the meeting will be held. D. Copies of MOU The City agrees to print this Memorandum of Understanding for each employee requesting a copy. E. Position Classification Issues 1. Class Specifications The City shall send the Association a copy of each new job description approved for classifications within the representation unit. 2003 MEA MOU Final.doc 34 12/12/2002 8:52 AM MUNICIPAL EMPLOYEES' ASSOCIATION Exhibit A for Res.No.2002-133 MEMORANDUM OF UNDERSTANDING , 2. Reclassification Impact It is not the intention of the City to demote or layoff an employee through reclassification. Prior to imposing a Y-rating, or layoff resulting from classification reviews, the City agrees to meet and confer with Association representatives. 3. Surveyor Parma Chief The city shall conduct a compensation study through the LMRC of the position of Surveyor Party Chief using Orange County benchmarks, to be completed by May 9, 2003. 4. Certificated Distribution Operator The city shall conduct a compensation study of the positions that are mandated by the State of California Department of Health Services to attain Certified Distribution Operator certifications. The compensation study will use only Orange County benchmarks. The compensation study is to be completed by June 20, 2003. The compensation report shall be a subject of negotiation in a successor MOU. F. Class A and B Driver License Fees The City shall reimburse employee's for costs associated with obtaining and renewing Class A and Class B driver licenses where required by the City for the position. G. Job Sharing The City shall direct the Labor/Management Relations Committee (LMRC) to review the feasibility of developing and implementing a Job Sharing Program. H. Deferred Compensation Loan Program Employees may begin utilizing this program, under which employees may borrow up to 50% of their deferred compensation funds for critical needs such as medical costs, college tuition, or purchase of a home. I. Performance Evaluations/Written Reprimand Appeals Employees may appeal the results of performance evaluation or written reprimands. Such appeals shall be initiated through the appropriate chain of command (which may include the LMRC) and any decision made by the department head shall be considered final. J. Employee Performance Evaluations The city and two representatives from MEA will convene an ad-hoc committee to study a new employee performance evaluation system. The ad-hoc committee will finalize its report by June 20, 2003. 2003 MEA MOU Final.doc 35 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING K. MEA Letter of Introduction A one-page letter of introduction from the MEA, and of the MEA's choosing, regarding the benefits and purpose of joining the MEA will be included in all MEA eligible new employee orientation packets. ARTICLE XV— CITY COUNCIL APPROVAL It is the intent of the City and Association that this Memorandum of Understanding represents an "Agreement" between the undersigned within the meaning of Section 8-2 of the Huntington Beach Employer-Employee. Relations Resolution; however, this Memorandum of Understanding is of no force or effect whatsoever unless adopted by resolution of the City Council of the City of Huntington Beach. IN WITNESS WH,_REOF, the parties hereto have executed this Memorandum of Understanding this day of December, 2002. Huntington Beach City of Huntington Beach Municipal Employe ' Association By: By: a t1L � utt�,n 17-& Ray Sil er ohn H. Von Holle n , City Administrat UHBMEA President F By: By: - wrvil iam P:Workman William E. App ee Assist i Admi str r HBMEA Bargaining Committee By: By: % \ C ay Martin Robert M. Hidusky Admini ative Services Director HBMEA Bargaining Committee By: By: / — Steven M.krliner Darrin L. Kos Chief Negotiator HBMEA Bargaining Committee By. �E Q ..J�— NK Beradino, Chief Negotiator APPROVED AS TO FORM: Jennifer M. cGrath City Attorney 2003 MEA MOU Final.doc 36 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 MEA LIST OF MOU EXHIBITS EXHIBITS SUBJECT A Class/Salary Schedule B Uniform Policy C Vehicle Use Policy D Employee Health Plan E Delta Care (PMI)- Dental Plan F Delta Dental— Dental Plan G Vision Service Plan H Long Term Disability Plan I Retiree Medical Plan and Subsidy Program J 9/80 Work Schedule K 4/10 Work Schedule 2003 MEA MOU Final.doc 37 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 EXHIBIT A- CLASS/SALARY SCHEDULE . EFFECTIVE DECEMBER 21, 2002 0106 / Engineering Assistant, Civil 505 27.06 28.55 30.12 31.78 33.53 0108 Planner,Assistant 479 23.76 25.07 26.45 27.91 29.45 0110 Accountant, Senior 502 26.65 28.12 29.67 31.30 33.02 0111 Accountant 474 23.18 24.45 25.80 27.22 28.72 0112 Buyer 471 22.83 24.09 25.42 26.82 28.30 0113 Human Services Prog Su rvsr 480 23.90 25.21 26.60 28.06 29.60 0114 Librarian 452 20.78 21.92 23.13 24.40 25.74 0115 Info Systems Analyst 1 480 23.90 25.21 26.60 28.06 29.60 0116 Info Systems Analyst II 499 26.27 27.71 29.23 30.84 32.54 0117 Info System s Analyst III 518 28.87 30.46 32.14 33.91 35.78 0118 Info Systems Analyst IV 537 31.75 33.50 35.34 37.28 39.33 0119 Criminalist 480 23.90 25.21 26.60 28.06 29.60 0120 Criminalist, Sr 520 29.18 30.78 32.47 34.26 36.14 0134 Deputy City Clerk 393 15.47 16.32 17.22 18.17 19.17 0135 Deputy CityClerk, Senior 442 19.76 20.85 22.00 23.21 24.49 0136 Planning Aide 436 19.19 20.25 21.36 22.53 23.77 0137 Video Engineer Supervisor 497 26.01 27.44 28.95 30.54 32.22 0138 Development Specialist 480 23.90 25.21 26.60 28.06 29.60 0139 Housing Development Specialist 479 23.76 25.07 26.45 27.91 29.45 0140 Crewleader, Traf Signal/Light 489 24.99 26.36 27.81 29.34 30.95 0141 Crewleader, Electrical Maint 489 24.99 26.36 27.81 29.34 30.95 0142 Crewleader, Equip/Auto Maint 490 25.10 26.48 27.94 29.48 31.10 0143 Crewleader, Facilities Maint 489 24.99 26.36 27.81 29.34 30.95 0144 Crewleader,Trees Maintenance 484 24.39 25.73 27.14 28.63 30.20 0145 Crewleader, Landscape Maint 484 24.39 25.73 27.14 28.63 30.20 0146 Crewleader, Wastewater O s 484 24.39 25.73 27.14 28.63 30.20 0147 Crewleader,Water Dist Meters 484 24.39 25.73 27.14 28.63 30.20 0148 Crewleader, Signs & Markings 489 24.99 26.36 27.81 29.34 30.95 0149 Crewleader, Beach Maint 484 24.39 25.73 27.14 28.63 30.20 0150 lCrewleader, Streets Maint 484 24.39 25.73 27.14 28.63 30.20 0151 Crewleader,Water Dist Maint 484 24.39 25.73 27.14 28.63 30.20 0152 Crewleader,Water Operations 484 24.39 25.73 27.14 28.63 30.20 0153 Crewleader, Park Maintenance 489 24.99 26.36 27.81 29.34 30.95 0154 Crewleader, Pest Control Advis 484 24.39 25.73 27.14 28.63 30.20 0155 Crewleader, Irrigation 484 24.39 25.73 27.14 28.63 30.20 0156 Water Quality Coordinator 484 24.39 25.73 27.14 28.63 30.20 0162 Civilian Check Investigator 425 18.17 19.17 20.22 21.33 22.50 0163 Latent Fingerprint Examiner 472 22.96 24.22 25.55 26.96 28.44 0164 Latent Fingerprint ExamTrainee 434 19.00 20:04 21.14 22.30 23.53 0165 Crime Analyst, Sr 501 26.53 27.99 29.53 31.15 32.86 0168 Printing Services Tech, Sr 437 19.28 20.34 21.46 22.64 23.89 0171 Inspector, Construction Sr 498 26.13 27.57 29.09 30.69 32.38 0172 Inspector, Construction Traine 458 21.41 22.59 23.83 25.14 26.52 0173 Fire Training Maint Tech 457 21.30 22.47 23.71 25.01 26.39 0174 Survey Technician 1 436 19.19 20.25 21.36 22.53 23.77 0175 Engineering Aide 436 19.19 20.25 21.36 22.53 23.77 2003 MEA MOU Final.doc 38 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 0176 Plan Checker, Building__ 496 25.89 27.31 28.81 30.39 32.06 0177 Parking Meter Repair Tech 443 19.87 20.96 22.11 23.33 24.61 0178 GIS Analyst 499 26.27 27.71 29.23 30.84 32.54 0179 lComputer Drafting Technician 489 24.99 26.36 1 27.81 29.34 30.95 0180 Engineering Technician 489 24.99 26.36 27.81 29.34 30.95 0181 Engineering Technician Traffic 489 24.99 26.36 27.81 29.34 30.95 0182 Code Enforcement Officer II 468 22.50 23.74 25.05 26.43 27.88 0183 Survey Party Chief 489 24.99 26.36 27.81 29.34 30.95 0185 Survey Technician II 452 20.78 21.92 23.13 24.40 25.74 0186 Code Enforcement Officer 1 426 18.25 19.25 20.31 21.43 22.61 0187 Graphics Admin S ecialist 426 18.25 19.25 20.31 21-.43 22.61 0188 Inspector, Water Construct Sr 489 24.99 26.36 27.81 29.34 30.95 0189 Inspector, Water Construction 469 22.63 23.87 25.18 26.56 28.02 0190 Haz Mat Program Specialist 496 25.89 27.31 28.81 30.39 32.06 0191 lWater Quality Technician 458 21.41 22.59 23.83 25.14 26.52 0192 Cross Connection Control Spec 468 22.50 23.74 25.05 26.43 27.88 0193 Computer Operator 403 16.28 17.18 18.12 19.12 20.17 0194 Computer Assistant, Library 412 17.00 17.94 18.93 19.97 21.07 0195 Telecommunications Specialist 509 27.62 29.14 30.74 32.43 34.21 0197 Police Photo/imaging Photo/imaging S ecialst 457 21.30 22.47 23.71 25.01 26.39 0198 Emergency Services Coordinator 520 29.18 30.78 32.47 34.26 36.14 0200 Computer Operations Supervisor 518 28.87 30.46 32.14 33.91 35.78 0202 Claims Exam,Workers Comp 395 15.63 16.49 1 17.40 18.36 19.37 0203 Television Producer/Director 470 22.73 23.98 25.30 26.69 28.16 0204 Fire Training Media Specialist 454 20.99 22.14 23.36 24.64 26.00 0205 Public Information S ecialist 476 22.73 23.98 25.30 26.69 28.16 0206 Media Production Coordinator 442 19.76 20.85 22.00 23.21 24.49 0207 Plan Checker, Public Works 500 26.40 27.85 29.38 31.00 32.70 0208 Inspector III, Building 498 26.13 27.57 1 29.09 30.69 32.38 0210 Inspector I, Building 458 21.41 22.59 23.83 25.14 26.52 0211 Inspector II, Building 478 23.65 24.95 26.32 27.77 29.30 0212 Info Systems Specialist 1 427 18.35 19.36 20.42 21.54 22.72 0213 Info Systems Specialist II 446 20.16 21.27 22.44 23.67 24.97 0214 Info Systems Specialist IV 485 24.50 25.85 27.27 28.77 30.35 0215 Police Systems Coordinator 446 20.16 21.27 22.44 23.67 24.97 0232 Emergency Medical Srvcs Coord 550 33.88 35.74 37.71 39.78 41.97 0252 lComm Srvcs Recreation Coord 457 21.30 22.47 23.71 25.01 26.39 0254 Alarm Services Coordinator 447 20.25 21.36 22.54 23.78 25.09 0255 Crime Scene Investigator 458 21.41 22.59 23.83 25.14 26.52 0257 Library Specialist 415 17.27 18.22 19.22 20.28 21.40 0258 Comm Srvcs Recreation Su v 480 23.90 25.21 26.60 28.06 29.60 0259 Property Officer 434 19.00 20.04 21.14 22.30 23.53 0260 Fire Safety Program Specialist 450 20.57 21.70 22.89 24.15 25.48 0262 Parking/Traffic Control Ofcr 389 15.18 16.01 16.89 17.82 18.80 0263 Community Relations Specialist 436 19.19 20.25 21.36 22.53 23.77 0264 Park Naturalist 480 23.90 25.21 26.60 28.06 29.60 0265 Nutrition Transit Coordinator 334 11.54 12.17 12.84 13.55 14.30 0266 Social Worker 447 20.25 21.36 22.54 23.78 25.09 0267 Social Worker,Assistant 406 16.52 17.43 18.39 19.40 20.47 0268 Volunteer Services Coordinator 428 18.43 19.44 20.51 21.64 22.83 2003 MEA MOU Final.doc 39 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 0282 Police Records Tech 375 14.16 14.94 15.76 16.63 17.54 0283 Police Records Supervisor 426 18.25 19.25 20.31 21.43 22.61 0284 Customer Service Rep 401 16.11 17.00 17.94 18.93 19.97 0285 Claims Exam, Medical 395 15.63 16.49 17.40 18.36 19.37 0286 Vkccounting Technician 1 401 16.11 17.00 17.94 18.93 19.97 0287 [Accounting Technician 11 420 17.73 18.70 19.73 20.81 21.95 0288 kccounting Technician, Sr 439 19.48 20.55 21.68 22.87 24.13 0289 lAdministrative Secretary MEA 413 17.10 18.04 19.03 20.08 21.18 0290 lOffice Specialist 395 15.63 16.49 17.40 18.36 19.37 0294 JAccounting Technician, Supvsr 449 20.46 21.59 22.78 24.03 25.35 7 3 1� 6 2,8---;; 0295 Permit Technician 406 16.52 17.43 18.39 19.40 20.47 0296 its Education Coordinator 420 17.73 18.70 19.73 20.81 21.95 0297 Art Program Curator 447 20.25 21.36 22.54 23.78 25.09 0298 Preparator 409 16.77 17.69 18.66 19.69 20.77 0299 Cultural Services Aide 447 20.25 21.36 22.54 23.78 25.09 0300 Legal Secretary 419 17.63 18.60 19.62 20.70 21.84 0302 Literary Program Specialist 452 20.78 21.92 1 23.13 24.40 25.74 0303 Mail Services Clerk 360 13.15 13.87 1 14.63 15.43 16.28 0304 Office Assistant 11 384 14.81 15.62 16.48 17.39 18.35 0305 Library Clerk Specialist(T) 360 13.15 13.87 14.63 15.43 16.28 0306 Office Assistant 1 347 12.31 12.99 13.70 14.45 15.24 0307 Police Records Specialist 395 15.63 16.49 17.40 18.36 19.37 0308 Police Services Specialist 415 17.27 18.22 19.22 20.28 21.40 0309 Library Services Clerk, Sr 399 15.95 16.83 17.76 18.74 19.77 0310 Library Processing Clerk 380 14.52, 15.32 16.16 17.05 17.99 0311 Library Clerk 360 13.15 13.87 14.63 15.43 16.28 0312 Court Liaison Specialist 413 17.10 18.04 19.03 20.08 21.18 0313 Info Systems Specialist 111 475 23.30 24.58 25.93 27.36 28.86 0334 Helicopter Maint Tech, Sr 505 27.06 28.55 30.12 31.78 33.53 0335 Communications Technician 458 21.41 22.59 23.83 25.14 26.52 0336 Electrician, Traffic Signal 468 22.50 23.74 25.05 26.43 27.88 0337 Helicopter Maint Tech 454 20.99 22.14 23.36 24.64 26.00 0338 Leadworker, Signs 452 20.78 21.92 23.13 24.40 25.74 0339 Electrician 465 22.16 23.38 24.67 26.03 27.46 0340 Carpenter 450 20.57 21.70 22.89 24.15 25.48 0341 Painter 450 20.57 21.70 22.89 24.15 25.48 0342 Plumber 460 21.62 22.81 24.06 25.38 26.78 0343 Facilities Maintenance Tech Sr 455 21.10 22.26 23.48 24.77 26.13 0344 Masonry Worker 450 20.57 21.70 22.89 24.15 25.48 0345 Concrete Finisher 442 19.76 20.85 22.00 23.21 24.49 0346 Telemetry Instrument Tech 460 21.62 22.81 24.06 25.38 26.78 0347 Mechanic 111 455 21.10 22.26 23.48 24.77 26.13 0348 Mechanic 11 443 19.87 20.96 22.11 23.33 24.61 0349 iMechanic,Wastewater Pump Sr 432 18.81 19.84 20.94 22.08 23.29 0350 [Vehicle Body Technician, Sr 443 19.87 20.96 22.11 23.33 24.61 0351 JVehicle Body Technician 390 15.25 16.09 16.98 17.91 18.89 0352 Equip Operator, Grader 448 20.36 21.48 22.66 23.91 25.22 0354 Equip Operator, Signs/Markings 432 18.81 19.84 20.94 22.08 23.29 0356 Water Meter Repair Technician 1 431 18.70 19.73 20.82 21.96 23.17 0357 Irrigation Specialist 426 18.25 19.25 20.31 21.43 22.61 2003 MEA MOU Final.doc 40 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 R", ,iiey r die 0358 lEguip Operator, Beaches 432 18.81 19.84 20.94 22.08 23.29 0359 lEguip Operator, Landscape 432 18.81 19.84 20.94 22.08 23.29 0361 lEguip Operator, Streets 432 18.81 19.84 20.94 22.08 23.29 0362 lEguip Operator,Wastewater 432 18.81 19.84 1 20.94 22.08 23.29 0363 JMechanic, Marine Equip Sr .. 490 25-10 26.48 27.94 29.48 31-10 0364 lEguip Operator, Water 448 20.36 21.48 22.66 23.91 25.22 0365 lEguip Operator, Trees 432 18.81 19.84 20.94 22.08 23.29 0367 Pest Control Specialist 426 18.25 19.25 20.31 21.43 22.61 0368 Water Systems Technician 1 421 17.81 18.79 19.82 20.91 22.06_ 0369 Water Systems Technician 11 434 19.00 20.04 21.14 22.30 23.53 0370 Water-Systems Technician 111 454 20.99 22.14 23.36 24.64 26.00 0371 Leadworker,Water Operations 470 22.73 23.98 25.30 26.69 28.16 0372 Crewleader,Vehicl Body Repair 471 22.83 24.09 25.42 26.82 28.30 0374 Leadworker,Traf Signal & Light 473 23.07 24.34 25.68 27.09 28.58 0375 Leadworker, Electrical 467 22.39 23.62 24.92 26.29 27.74 0377 Leadworker,Water Dist Meters 448 20.36 21.48 22.66 23.91 25.22 0378 Leadworker, Painter 452 20.78 21.92 23.13 24.40 25.74 0379 Leadworker,Water Dist Maint 464 22.06 23.27 24.55 25.90 27.32 0380 Media Services Specialist 415 17.27 18.22 19.22 20.28 21.40 0382 Crewleader, Equip Services 471 22.83 24.09 25.42 .26.82 28.30 0383 Equip Support Assistant 421 17.81 18.79 19.82 20.91 22.06 0384 Mechanic 1 422 17.89 18.87 19.91 21.01 22.17 0385 Warehousekeeper 436 19.19 20.25 21.36 22.53 23.77 0386 Stock Clerk 389 15.18 16.01 16.89 17.82 18.80 0387 Mechanic,Wastewater Pump 427 18.35 19.36 20.42 21.54 22.72 0388 Tire Service Worker (T) 416 17.36 18.32 19.33 20.39 21.51 0389 Maint Service Worker, Traffic 415 17.27 18.22 19.22 20.28 21.40 0390 Groundsworker 389 15.18 16.01 16.89 17.82 18.80 0391 Facilities Maintenance Tech 423 17.99 18.98 20.02 21.12 22.28 0392 IMaint Service Worker 415 17.27 18.22 19.22 20.28 21.40 0394 Maint Worker 389 15.18 16.01 16.89 17.82 18.80 0395 Parking Meter Repair Worker 427 18.35 19.36 20.42 21.54 22.72 0396 Water Meter Reader, Sr 425 18.17 19.17 20.22 21.33 22.50 0397 Water Meter Reader 409 16.77 17.69 18.66 19.69 20.77 0398 Field Service Representative 429 18.52 19.54 20.61 21.74 22.94 0399 Printing Services Technician 400 16.04 16.92 17.85 18.83 19.87 0400 Custodian 394 15.56 16.42 , 17.32 18.27 19.27 0401 Leadworker, Parking& Camping 448 20.36 21.48 22.66 23.91 25.22 0402 Leadworker, Landscape Maint 448 20.36 21.48 22.66 23.91 25.22 0404 Leadworker,Wastewater Ops 448 20.36 21.48 22.66 23.91 25.22 0406 Leadworker, Streets Maint 458 21.41 22.59 23.83 25.14 26.52 0407 Leadworker, Facilities Maint 439 19.48 20.55 21.68 22.87 24.13 0409 Leadworker, Street Cleaning 452 20.78 21.92 , 23.13 24.40 25.74 0410 Leadworker, Traffic Markings 448 20.36 21.48 22.66 23.91 25.22 0428 Administrative Aide 470 22.73 23.98 25.30 26.69 28.16 0432 Library Facilities Coordinator 431 18.70 19.73 20.82 21.96 23.17 0433 Theater/Media Technician 415 17.27 18.22 19.22 20.28 21.40 0434 Code Enforcement Officer Sr 488 24.86 26.23 27.67 29.19 30.80 0436 Claims Exam,Workers Comp Sr 477 1 23.53 1 24.82 1 26.19 27.63 29.15 0437 Permit Technician, Sr 455 21.10 1 22.26 1 23.48 24.77 26.13 2003 MEA MOU Final.doc 41 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 0438 Crewleader, Painting 489 24.99 26.36 27.81 29.34 30.95 0445 Admin Environmental Specialist 505 27.06 28.55 30.12 31.78 33.53 0448 Mechanic, Marine Equipment 469 22.63 23.87 25.18 26.56 28.02 0449 Water Utility Locator 458 21.41 22.59 23.83 25.14 26.52 0450 11-ibrary Specialist, Sr 433 18.89 19.93 21.03 22.19 23.41 0451 Library Services Clerk 380 14.52 15.32 16.16 17.05 17.99 0452 Maint Service Worker, Beach 415 17.27 18.22 19.22 20.28 21.40 0454 Maint Service Worker,Wastewtr 415 17.27 18.22 19.22 20.28 21.40 0455 Parking/Traffic Control Coord 436 19.19 20.25 21.36 22.53 23.77 0456 Distribution Services Clerk 390 15.25 16.09 16.98 17.91 18.89 0459 Crewleader, Parking/Camping 484 24.39 25.73 27.14 28.63 30.20 0460 Leadworker, Trees Maint 448 20.36 21.48 22.66 23.91 25.22 0461 Water Service Worker 421 17.81 18.79 19.82 20.91 22.06 0462 Crossing Guard Coordinator 436 19.19 20.25 21.36 22.53 23.77 0463 Inspector, Consruction 478 23.65 24.95 26.32 27.77 29.30 0465 Crewleader, Park Equipment 490 25.10 26.48 27.94 29.48 31.10 0470 Forensic Systems Specialist 446 20.16 21.27 22.44 23.67 24.97 0472 Leadworker,Auto-Equip Maint 471 22.83 24.09 25.42 26.82 28.30 0478 Leadworker, Street Services 458 21.41 22.59 23.83 25.14 26.52 2003 MEA MOU Final.doc 42 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 EXHIBIT B — UNIFORM POLICY A. General The City, in accordance with agreements now established, shall furnish uniforms to those personnel designated by the various department heads as required to wear a standard uniform for appearance, uniformity and public recognition purposes, in the procedures and guidelines set forth hereinafter. B. Affected Personnel All employees categorized, as field-working assignees shall wear a standard City adopted uniform. Color selection is a light blue shirt and dark blue trousers with appurtenances as described below. Each department head shall determine which group of employees must wear a uniform. C. Basic Uniform Components and Standard Allowances 1. Black safety toe shoes or boots as each assignment dictates. a. Two pair per year. b. Boots will be black, heavy duty and laced. c. Damaged shoes shall be turned into operating supervisor who shall authorize replacement or repair. 2. Five short-sleeved shirts (light blue) the first year, three the second year., and then alternate five uniforms with three uniformsin subsequent years. 3. Five trousers per year (dark blue) the first year, three the second year and then alternate five trousers with three trousers in subsequent years; trousers are to have no cuffs. 4. Dark blue jacket with removable liner, one per year. 5. Four City departmental patches. 6. Absolutely no allowance will be made for socks, underwear, etc. 7. Hardhats, foul weather gear, and steel-toed rubber boots to be furnished each employee with supervisor designated need. 8. Special hazard gloves shall be furnished with supervisor designated need. 9. Safety glasses and face shields shall be furnished with supervisor designated need. 10. Special uniforms shall be furnished. 2003 MEA MOU Final.doc 43 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 EXHIBIT B — UNIFORM POLICY Continued 11. Ear protectors, arm and shin guards, steel shoe caps, wood heat resistant soles, and other safety equipment shall be furnished to supervisor for designated employees. 12. R-1 safety vests shall be furnished to all employees having occasion to work within travel ways. D. Employee Responsibilities 1. To wear complete uniform at all times. 2. To wear clean uniform. 3. To wash and provide minimum repair; i.e., buttons, small tears, etc. 4. To provide any alterations necessary including sewing on of City patches. 5. To not wear the uniform for other than City duties or work. 6. To notify supervisor of need to replace due to disrepair or severe staining producing an undesirable appearance. 7. To turn in all patches upon termination prior to receiving final paycheck: 8. To turn in all uniforms upon termination. 9. To turn in all safety equipment upon termination. 10. To wear all safety equipment prescribed by the City safety officer and supervisor of the division. E. City Responsibilities 1. To furnish funding for the agreed uniform allowances. 2. To allow department heads to authorize additions to the basic allowances due to severity of work assignments and frequency of wearing out. 3. To provide and maintain one or more retail clothing outlets for the various allotments. City reserves the right to name vendor. 4. To make arrangements for the standard allotments to be of first line quality work clothing. 2003 MEA MOU Final.doc 44 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 EXHIBIT B — UNIFORM POLICY Continued 5. To maintain records of purchases. The Finance Officer will provide forms for uniform requests. 6. To establish an expedient procedure for reimbursement to employees for uniforms purchased by employees. F. Department Head Responsibilities 1. To direct and assure employee compliance with attire rules 2. To inspect clothing requests to be replaced. 3. To determine wear frequencies for employees having needs additional to basic allotment. 4. To insist on replacements of deteriorated clothing with special attention to safety equipment and apparel. 5. To enforce a disciplinary program for repeated violations of employee regulations relative to cleanliness, uniform attire, or safety requirements. 6. To demand and confirm receipt of turn-in required equipment upon termination. G. Purchases and Exceptions 1. Clothing shall be purchased at only those outlets as directed by City, unless prior approval is obtained due to size, out of stock, or special type of clothing problems that exist. 2. Shoes or boots shall be purchased through standard outlets designated unless last creates discomfort or injury risk. 3. Safety glasses must be purchased only through designated outlet for City specified amount of dollars, with employee paying the cost for the examination by a private optometrist to obtain a prescription and cost of cosmetic lenses and frames. 4. All safety and foul weather gear shall be purchased by the City. 5.. Uniform appearance: a. Patch to be worn above left shirt or jacket pocket. b. Pants to have no cuffs. c. Worn with pride in appearance to public, i.e., shirt buttoned, shirttail tucked in, etc. 2003 MEA MOU Final.doc 45 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 EXHIBIT B — UNIFORM POLICY Continued 6. Exceptions at discretion of department heads: a. Supervisors need not wear uniform; however, in so electing, must pay for their own clothing. b. Employees who have foot deformities or conditions, which do not allow wearing of safety-toed shoes, shall wear external caps affording equal protection. c. Additional patches shall be furnished to equip the special clothing over the basic allotments. 7. Disposition of Turned-In Clothing — The City shall determine a procedure as to disposition of turned in clothing. 2003 MEA MOU Final.doc 46 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 EXHIBIT C —VEHICLE USE POLICY Section 1 - Purpose The purpose of these regulations is to establish and implement City policies and procedures relative to the assignment, utilization and control of City-owned vehicles as transportation for employees who engaged in official City business, to establish reimbursement procedures for privately-owned vehicles use d for City business and to clarify the City's responsibility for damage and/or liability for private vehicles used on official City business. Section 2 - Scope These regulations cover the use of City and private vehicles for conducting official City business and shall be applicable to all City departments and employees. Section 3 - Policy When necessary during the course of an employee's official duties, transportation or reimbursement therefore shall be provided by the City. In the event no City vehicle is available, the employee may use the personal vehicle with the approval of the department head. Employees authorized to drive either their own or a City-owned vehicle on official business must possess a valid California driver license for the class of vehicle they will be operating. -The transportation method authorized will be determined in terms of the best interests of the City. The general program set forth in this regulation will be implemented by the City Administrator's Office upon approval of the City Council and administered by the department heads in accordance with the policies herein established. It is the responsibility of each department head to enforce the provisions of this regulation as it relates to employees of his/her department: City-owned vehicles shall only be used for official City business. City-owned vehicles shall not be driven to and kept at the employee's home or any location other than the regular work location or Corporation Yard, except as provided by this regulation. Section 4 —Vehicle Use Criteria I. Assigned Vehicles: A. Assigned City Vehicles may be taken home by employees whose residence is within ten (10) miles of City Hall for the uses as described below: 1. Executive use includes the City Administrator, Assistant City Administrator and Department Heads. 2. Emergency Response Units: 2003 MEA MOU Final.doc 47 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 EXHIBIT C —VEHICLE USE POLICY Continued a. Employees who are required to respond more than once per week on an average without delay in order to protect the public health, safety and property. b. Employees who are required to carry special emergency equipment in their vehicles, which must be utilized on a regular and frequent basis. (A radio in and of itself does not constitute special emergency equipment.) 3. Continuous use outside.of regular working hours - Employees who are called back on an unscheduled basis to perform official city business outside of regular working hours more than once per week on an average and who meet one of the following criteria: a. Mileage driven on official City business exceeds an average of 500 miles per month, or b. Who regularly and frequently supervises subordinates or conducts inspections in the field, or c. Whose duties require the employee to be a way from his or her base workstation greater than 50% of his or her working time, on an average. B. City vehicles, which shall not be taken home, may be assigned based on meeting one of the following criteria: 1. Monthly mileage driven exceeds an average of 500 miles per month and the vehicle is used for the purpose of supervision or inspection in the field, or 2. Duties require the employee to be away from his or her work, station greater than 50% of his or her working time on an average. II. Reimbursement of Use of Personal Vehicle: A. Executive Use — The City Administrator, Assistant City Administrator and Department Heads may, at their option, receive the automobile allowance as established by Resolution. 2003 MEA MOU Final.doc 48 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 EXHIBIT C —VEHICLE USE POLICY Continued B. Mileage Reimbursement -- Employees, upon authorization of their department head, may use their own vehicles on official City business and shall be reimbursed at the rate of 27d per mile driven on official City business. 1. Employees shall submit monthly claims for reimbursement to the Finance Officer Through their Department Head on forms prescribed by the Finance Officer. 2. Employees shall not be reimbursed for commuting to and from work, except`42 that employees who are required to attend scheduled meetings outside of normal working hours may be reimbursed for mileage required. Section 5 — Insurance Requirements All privately-owned vehicles authorized to be used on official City business shall be insured by the individual employee in the minimum amount of S50,000 public liability for any one person and $100,000 public liability for all persons, any one accident. They must also be insured for $25,000 property damage and $15,000 for any one uninsured motorist and $30,000 for all uninsured motorists any one accident. A current certificate of insurance must be filed with the Finance Officer. Employee private vehicle information shall be reviewed and updated annually by the respective departments. The record maintained, should contain the following current information. • Name of Employee • Operator's License • Insurance Company • Driver's License. Expiration Date • Insurance Policy Number • Insurance Expiration Date • Amount of Coverage It shall be the department head's responsibility to insure that no privately owned vehicle is operated on City business without insurance coverage and a valid operators license as required by this regulation. 49 2003 MEA MOU Final.doc 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 EXHIBIT C —VEHICLE USE POLICY Continued Clarification on City Liability on Use of Private Vehicle: In the event of damage to private vehicles, while on City business where a third party is negligent, the employee should collect damages (including insurance deductibles) from the third party. Where the employee is negligent, the City cannot be held liable for damages to the automobile, but the City can be held responsible for liability to third parties. The City shall be responsible to such employee for the first $100 of comprehensive and/or collision damages suffered b such employee to the extent that such employee's personal automobile insurance policy does not cover such first $100 damage The employee's insurance policy is considered as the primary coverage, and-the City liability begins after the limitations of the employee's coverage is exhausted. In the event a City employee's personal vehicle is damaged due to accident/collision while being used for official City business and the employee is deprived the use thereof, the City shall furnish such employee with a vehicle during such time as is reasonably required to repair said employee's vehicle. 2003 MEA MOU Final.doc 50 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 EXHIBIT D — EMPLOYEE HEALTH PLAN BROCHURE A copy of the Employee Health Plan Brochure may be obtained from the Administrative Services Department 2003 MEA MOU Final.doc 51 12/12/2002 8:52 AM Ln N Ch N - ^_ O r Z Q R Q W ; 11%N4 W m �'., #� its; `�' "fix ���s.•taa.U• ,r��r + oo, .4. ky" 0*%N Y. wommumm <.. Inv LL Ta •a a k O Y �4L Exhibit A for Res.No.2002-133 • • HUNTINGTON BEACH MEMBERSHIP HANDBOOK MEA ASSOCIATION NON ASSOCIATED Exhibit A for Res.No.2002-133 EXHIBIT E — DELTA CARE (PMI) DENTAL PLAN BROCHURE A copy of the Delta Care (PMI) Brochure may be obtained from the Administrative Services Department 2003 MEA MOU Final.doc 52 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 4VELTACARE* u � �f�r+iiN ,h v i 4 f d Admir,stered by: Private Medical-Care, Inc. 12898 Towne Center Drive Cerritos,CA90703-8579 California MIEA 1400 - 1EXH )S%T E Exhibit A for Res.No.2002-133 EXHIBIT F - DELTA DENTAL PLAN BROCHURE A copy of the Delta Dental Plan Brochure may be obtained from the Administrative Services Department 2003 MEA MOU Final.doc 53 12/12/2002 8:52 AM BENEFIT HIGHLIGHTS FOR CITY OF HUNTINGTON BEACH,. GROUP NO. 4729 PRINCIPAL BENEFITS AND COVERED SERVICES* SERVICES THAT ARE NOT COVERED `ZS 4 t MAlthough your plan covers many of the most commonly needed WHO'S COVERED F i` Primary enrollee and spouse as�well as - services,some services,are not covered. if you are unsure k t f ' x f t '° dependent children to age 1g and full whether a particular procedure is covered,or how much of it is > 1"TWA tifrie students to age 25 , paid for by your.'plans check with Delta before proceeding. r ,,, a' � � ., 777.7 The following are not covered by the plans' DEDUCTIBLES,AND*r� � :t _ i es or,conditions covered under Workers' ♦ Services for ln'uri _ .ti $2$perperson,$75 per familyper r BENEFITS;,MAX MUlllf .:� :calendar; ear.-The�m ximumbenefd x�»�� >., � �,Compensation,.or�Employer's Liability Laws ,. y .Cos etic sup a ..or dentist or services to correct ' peralondar�:yearls10b0r`per `. .. , ; 9 ry �h arson� �� �x :xcoy�/ye//��italmaiformation <,�$ ,+ ki �� :x t'�. .i + "r" i..3P`r•*< kr, a' .Ebr ,vsx' shy ,w'P i! ;kr rf.., t + - :, , , �.., = �e ♦ x enmei tal roceduresa ._ 4 � , ,�, w ♦ T era is d u re cn or' ain,r rDIAGNOS he peut, 9s predlcl . p elievers ' ,.: .,. 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(taPAP on seY es ire the rlcmbe/of'a/eariings eI_,R al exams � For;online.br;faxed,eli ibili /benefits information:; f cov 'i - cale ea . d'i i Itatlo s,b' Nll1 Ond:cro"n re lacements,j g ty a.' z g. .. r f. > f ;.VvwW,d Itadentalcaiorg or (888)dEl7� S'(t188 .35 8227}and press 1 at S '*" :is v '. at8 � a ; .,�,��`�. rt. • ` .. ' ;} ��,�. aa', ��� ������ � .;�: .:� �,�'8U0 d�AREA,DR. -32 ": #'x� �., x €h.,�y'"..,� �� 'xe �• �� y � '� �,�"�ut,� 1. (800-42737 or� � (Orog4p9 9A1isP)(MasterRev 6/01) Mr5oi � + ii " -ktr- 1&k;:�'..'t ¢wr, y.^F'�Ai, 'of,.y.F Lrg -' '`*•x ���, z , �. °t .,', .r � yai7--` . : ^,ca`� .=3 ^n:x..t,'.r` .:ice i aDoa -133 EXHIBIT G —VISION (VSP) PLAN BROCHURE A copy of the Vision (VSP) Brochure may be obtained from the Administrative Services Department 2003 MEA MOU Final.doc 54 12/12/2002 8:52 AM 6M Once every 12 months .?001-/33 Once every 12 months Once every 12 months Materials $10.00 Services from a ovider t't Non-Particinatina Provider up to$ 40.00 i up to$ 40.00 up to$ 60.00 up to$ 80.00 up to$125.00 ide a frames. up to$ 45.00 up to$ 5.00 air of prescription glasses) ayment up to$210.00 up to$105.00 _ in vision care services,call a VSP doctor to make an appointment.For details tative or call VSP at 800-877-7195 to request a VSP doctor listing. Make sure rovide the covered member's social security number.The VSP doctor will 11 also obtain authorization for services and materials.If you are not currently 4 cating this to you.VSP will pay the doctor directly for covered services and and materials obtained from an out-of-network provider will be reimbursed up of-network reimbursement,pay the entire bill when you receive services,then tion to VSP.Claims must be submitted to VSP within six months from your NNW .> words and send the originals to the following address:Vision Service Plan,Out- k 95899-7105. s also available to those covered under this VSP WellVision®Plan.It is hen obtained through VSP contracted doctors,surgeons and laser centers.This • • using your rocedureS,laser-assisted in-situ keratomileusis(LASIK)and photorefractive vision isiOn s participating in the program.Doctors can also be located on VSP's Web site at service plan • tor,the patient will have no out-of-pocket expense other than the co payment,unless not limited to,oversize lenses(61 rnm or larger),coated lenses,no-line multifocal eds the plan allowance. VSP doctors offer valuable savings including a 20 percent and frame).Services must be received within 12 months from the same VSP doctor ve 15 percent off the cost of your contact lens exam when you receive contact lens ;act lens materials.) lchoose a frame that is covered in full or one that exceeds the plan allowance.If you he difference you'll pay is based on VSP's low,discounted member pricing. Have your VSP coverage. 09/02 e contact lens exam.The allowance is applied to both the contact lens exam(fitting ana evaivanon)ana me contact tenses.Any costs exceeamg this allowance are the patient's responsibility.The contact lens exam is a special exam for ensuring proper fit of your contacts and evaluating your vision with the contacts.Medically necessary contact lenses must be prescribed by your doctor(as required for certain medical conditions)and approved by VSP. THIS IS ONLY A SUMMARY FOR FURTHER INFORMATION,SEE YOUR EMPLOYER'S BENEFIT REPRESENTATIVE MCA MOUawt"J%fers SERVICE P(.Co 877-7195 //www.vs com Exhibit A for Res.No.2002-133 EXHIBIT H — LONG TERM DISABILITY PLAN BROCHURE A copy of your Long Term Disability Plan Brochure may be obtained from the Administrative Services Department 2003 MEA MOU Final.doc 55 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 STANDARD INSURANCE COMPANY A Stock Life Insurance Company 900 SW Fifth Avenue Portland, Oregon 97204-1282 (503) 321-7000 People. Not Just h Ries. CERTIFICATE: GROUP LONG TERM DISABILITY INSURANCE Policyowner: City of Huntington Beach Policy Number: 332175MM-LTD Effective Date: February 1, 1995 A Group Policy has been issued to the Policyowner. We certify that you will be insured as provided by the terms of the Group Policy.If your coverage is changed by an amendment to the Group Policy,we will provide the Policyowner with a revised Certificate or other notice to be given to you. Possession of this Certificate does not necessarily mean you are insured. You are insured only if you meet the requirements set out in this Certificate. lVell, 21us and "our":mean Standard Insurance.Company. "You" and your mean the Member. All other defined terms appear with,the initial letter capitalized. Section headings, and references to them,appear in boldface type. President CIC190-LTD OPrinted on recycled paper. MFA MOO - Emulator Exhibit A for Res.No.2002-133 EXHIBIT 1 — PROVISIONS OF THE RETIREE SUBSIDY MEDICAL PLAN An employee who has retired from the City shall be entitled to participate in the City sponsored medical insurance plans and the City shall contribute toward monthly premiums for coverage in an amount as specified in accordance with this Plan, provided: A. At the time of retirement the employee has a minimum of ten (10) years of continuous City service or is granted an industrial disability retirement; and B. At the time of retirement, the employee is employed by the City; and C. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees' Retirement System. The City's obligation to pay the monthly premium as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: 1. During any period the retired employee is eligible to receive or receives health insurance coverage at the expense of another employer, the payment will be suspended. "Another employer' as used herein means private employer or public employer or the employer of a spouse. As a condition of being eligible to receive the premium contribution as set forth in this plan, the City shall have the right to require any retiree to annually certify that the retiree is not receiving or eligible to receive any such health insurance benefits from another employer. If it, is later discovered that a misrepresentation has occurred, the retiree will be responsible for reimbursement of those amounts inappropriately expended and the retiree's eligibility to receive further benefits will cease. 2. On the first of the month in which a retiree or dependent reaches age 65 or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City's obligation to pay monthly premiums may be adjusted downward or eliminated. Benefit coverage at age 65 under the City's medical plans shall be governed by applicable plan document. 3. In the event the Federal Government or State Government mandates an employer-funded health plan or program for retirees, or mandates that the City make contributions toward a health plan (either private or public) for retirees, the City's contribution rate as set forth in this plan shall first be applied to the mandatory plan. If there is any excess, that excess may be applied toward the City medical plan as supplemental coverage provided the retired employee pays the balance necessary for such coverage, if any. 4. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of his/her death would be eligible to receive if he/she were retired at the time of death, shall be paid on behalf of the spouse or family for a period not to exceed twelve (12) months. 2003 MEA MOU Final.doc 56 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 SCHEDULE OF BENEFITS A. Minimum Eligibility for Benefits - With the exception of an industrial disability retirement, eligibility for benefits begin after an employee has completed ten (10) years of continuous service with the City of Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of his/her rehire in accordance with the City's Personnel Rules. B. Disability Retirees - Industrial disability retirees with less than ten .(10) years of service shall receive a maximum monthly payment toward the premium for health insurance of $121. Payments shall be in accordance with the stipulations and conditions that exist for all retirees. Payment shall not exceed dollar amount that is equal to the full cost of premium for employee only. C. Maximum Monthly Subsidy Payments - All retirees, including those retired as a result of disability whose number of years of service prior to retirement exceeds ten (10), shall be entitled to maximum monthly payment of premiums by the City for each year of completed City service as follows: Maximum Monthly Payment For Retirements After: Years of Service 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 MEA MOU Final.doc 57 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 INDEMNITY HEALTH PLAN, EMPLOYEES/RETIREES' Benefits' City Plan - Employees City Plan - Subsidized Non-Subsidized Retirees Retirees COBRA-eligibles Deductible per person $200 $200 Deductible per family $500 $500 Maximum Out of Pocket $1000 per person $1,000 per person $2000 per family $2,000 per family Note: Retirees who elect to participate in the HMO shall be entitled to benefits of the program chosen. This summary has been used to list only those benefit provisions that differ between active and subsidized Retiree Plans. Currently, there are no differences, however, this exhibit is not intended to require that future changes to active employee benefits be applied to retirees as well. The Employee Health Plan Document should be consulted for detailed questions about specific benefits. Benefits are subject to modification through the meet and confer process. 2003 MEA MOU Final.doc 58 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS CONTINUED A. Eligibility: 1. The effective start-up date of the Retiree Subsidy Medical Plan for the various employee groups shall be the first of the month following retirement date. 2. A retiree may change plans, add dependents, etc., during annual open enrollment. Personnel shall notify covered retirees of this opportunity each year. 3. Years of service computed for the Retiree Subsidy Medical Plan are actual years of completed service with the City of Huntington Beach. 4. When a retiree is eligible for medical plan coverage at the expense of another employer due to post-retirement employment of the retiree or spouse of the retiree, the retiree and his/her spouse must take that coverage regardless of benefit level and shall be deleted from any City Plan coverage. Exceptions to this requirement are limited to the following: a. A-retiree is not required to enroll in. such "other" medical plan_ coverage if there is significant disparity between the benefits provided by the "other" medical plan and the Retiree Subsidy Medical Plan as defined below. "Significant disparity" means coverage available under the "other" medical plan is restrictive or limited in one or more of the following ways: 1) No in-patient hospitalization coverage. 2) No major medical benefits 3) Annual deductible is $1,000 or greater per person. 4) Major medical benefits are paid at 60% or less of covered expenses. b. The. Risk Manager will have the authority to provide additional exceptions following review of the "other" medical plan policy. Exceptions will be made only if the "other" medical plan benefit provisions are comparable to the guidelines under B above. 2003 MEA MOU Final.doc 59 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS CONTINUED c. Miscellaneous Provisions: 1. Benefits provided under the Retiree Subsidy Medical Plan will be coordinated with the "other" medical plan as the primary carrier. 2. The City shall have the right to require any retiree to provide a copy of the "other" medical plan policy for review by the Risk Manager. 5. When a retiree becomes eligible for the other group coverage and then becomes no longer eligible, he/she may have the subsidy reinstated and regain Retiree Subsidy Medical Plan coverage. 6. Dependents of a retiree may follow him/her into the Retiree Subsidy Medical Plan or they may choose to exercise COBRA rights along with the retiree. 7. When a retiree becomes 65 and has eligible dependents under 65, said dependents are eligible to exercise COBRA rights. 8. When a retiree is under 65 and his/her spouse is over 65, the spouse is not covered. B. Benefits: 1. Retiree Subsidy Medical Plan includes Managed Health Network (MHN), Prescription Card System (PCS), Orange County 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. 2003 MEA MOU Final.doc 60 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS CONTINUED 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. 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. 2003 MEA MOU Final.doc 61 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS CONTINUED 2. When a retiree and his/her spouse are both 65 or over, and neither is eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. 3. When a retiree at age 65 is eligible for paid Part A of Medicare and his/her spouse is not eligible for paid Part A, the spouse.shall not receive subsidy. When a retiree at age 65 is not eligible for paid Part A of Medicare and his/her spouse who is also age 65 is eligible for paid. Part A of Medicare, the subsidy shall be for the retiree's Part A only. E. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the first day of the month in which the retiree reaches age 65. If such retiree was covering dependents under the Plan, dependents will be eligible for COBRA continuation benefits effective as of the retiree's 65th birthday. b. Dependent coverage will be eliminated upon whichever of the following occasions comes first: 1) After 36 months of COBRA continuation coverage, or 2) When the covered dependent reaches age 65 in the event such dependent reaches age 65 prior to the retiree reaching age 65. c. At age 65 retirees are eligible to make application for Medicare. Upon being considered "eligible to make application", whether or not application has been made for Medicare, the Retiree Subsidy Medical Plan will be eliminated. 2. See provisions under "Benefits", "Subsidies and "Medicare" for those retirees/dependents not eligible for paid Part A of Medicare.. 2003 MEA MOU Final.doc 62 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS CONTINUED 3. Retiree Subsidy Medical Plan and COBRA participants shall be notified of non-payment of premium by means of a certified letter from Personnel in accordance with provisions of the Memorandums of Understanding. 4. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the Plan and shall not have reinstatement rights. 2003 MEA MOU Final.doc 63 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 EXHIBIT J -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). 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: r h ` A . s A Schedule 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 2003 MEA MOU Final.doc 64 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 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 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. Bereavement Leave —As stated in Memorandum-of-Understanding 4. Holidays - a. For a recognized city holiday, eight (8) hours, as stated in Article XI1.2, 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 or Compensatory Time banks for a nine (9) hour workday charge or eight (8) hours holiday time off for a Friday. 2003 MEA MOU Final.doc 65 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 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 the work shift before or after the holiday off 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. 5. 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 MEA MOU Final.doc 66 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 EXHIBIT K -4/10 WORK SCHEDULE This work schedule is known as the "4/10" and is only available to employees assigned to the Police Department. 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 four (4) days for forty (40) hours in an FLSA work week by working four (4) days at ten (10) hours per day, plus a one-hour lunch during each work shift. The FLSA work week shall be defined as Saturday 12:00:00 a.m. to Friday 11:59:59 p.m. 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. Bereavement Leave —As stated in Memorandum-of-Understanding 2003 MEA MOU Final.doc 67 12/12/2002 8:52 AM Exhibit A for Res.No.2002-133 4. Holidays - a. For a recognized city holiday, eight (8) hours, as stated in Article XI1.2, 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 or Compensatory Time 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 the work shift before or after the holiday off 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. 5. 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 MEA MOU Final.doc 68 12/12/2002 8:52 AM Res. No. 2002-133 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 CIOG of the City Council of the City of Huntington Beach, California