HomeMy WebLinkAboutCity Council - 2004-44 RESOLUTION NO. 2004-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION (FMA)
AND THE CITY OF HUNTINGTON BEACH FOR DECEMBER 20, 2003,
THROUGH DECEMBER 31, 2004.
The City Council of the City of Huntington Beach does resolve as follows:
The Memorandum of Understanding between the City of Huntington Beach and the
Huntington Beach Fire Management Association ("FMA"), a copy of which is attached hereto as
Exhibit A and by reference made a part hereof, is hereby approved and ordered implemented in
accordance with the terms and conditions thereof; and the City Administrator is authorized to
execute this Agreement. Such Memorandum of Understanding shall be effective for the term of
December 20, 2003, through December 31, 2004.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7 th day of June a 2004
r
APPROVED AS TO FORM:
n _
�tyClerk t City Attorn y
REVIEWED AND APPROVED: INITIA D PR ED:
ity Ad inistrator Director of dministrative Services
04reso/hbfa side letters/5/26/04
Res. No. 2004-44
FIRE MANAGEMENT ASSOCIATIONrib�r
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Page
PREAMBLE.................................................................................................................................................................I
ARTICLEI—TERM OF MOU................................................»...............................................................................1
ARTICLE II—REPRESENTATIONAL UNIT........................................................................................................I
ARTICLEIII—SEVERABILITY..............................................................................................................................1
ARTICLE IV—SALARY SCHEDULES AND RETIREMENT.............................................................................2
A- MONTHLY COMPENSATION...................................................................................................................................2
B. PUBLIC EMPLOYEES RETIREMENT SYSTEM PICKUP............--.............................................................................2
C. SELF FUNDED SUPPLEMENTAL RETIREMENT BENEFIT........................—...............................................................2
D. MEDICAL INSURANCE UPON RETIREMENT....................................................--......................................................2
E. PUBLIC EMPLOYEES'RETIREMENT SYSTEM............................................................................. --------------•-...........3
1. Level IV Survivors BeneLts. .........................................................................................................................3
2. Pre-Retirement Optional Settlement 2 Death Benefit......................................................................................3
F. DIRECT DEPOSIT.......................................................................................................—.........................................3
ARTICLEV—SPECIAL PAY...................................................................................................................................3
A- EDUCATIONAL TUTIION.................---......................................--...—................................................................3
B. HOLIDAY PAY-IN-LIEU .........................---.........................................................................................................4
C. BILINGUAL SKILL PAY....................................................................................................................... 4
D. PROFESSIONAL ACHIEVEMENT AWARD............................................... ................................................................5
ARTICLEVI—UNIFORMS......................................................................................................................................5
ARTICLE VII—WORK SCHEDULEICOMPENSATORY PAY/TIME OFF.....................................................5
A. WORK SCHEDULE .......................................................................................................................5
B. COMPENSATORY PAY............................................................................................................................................5
ARTICLE VIII—HEALTH AND OTHER INSURANCE BENEFITS..................................................................6
A- HEALTH................................................................................................................................................................6
B. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT.......................................................................................13
C. LONG TERM DISABILITY INSURANCE..................................................................................................................14
1. City Paid Premiums [chile on.Medical Disability...................................................--..................................14
2- Insurance and Benefits Advisory Committee...........................---...............................................................14
3. Health Plan Dyer-Payments..........................................................................................................................14
ARTICLE IX LEAVE BENEFITS........................................................................................................................15
A. GENERAL LEAVE.................................................................................................................................................15
1. Accrual..................................... .................................................................................•.......................................15
2. ElizibilLry and Approval........................................................... .........................................................................16
3. Conversion to Cash...................................................................•- ......................................................................16
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Res. No. 2004-44
FIRE MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Page
4. FamfIySickLeave..................................................................................—.........................................................16
B. SICK LEAVE....................... ................................... .................16
C. BEREAVEMENT LEAVE........................................................................................................................................18
D. FAMILY LEAVE,...................................................................................................................................................19
ARTICLEX—CITY RULES...................................................................................................................................19
A. PERSONNEL RULES.............................................................................................................................................19
ARTICLEXI—MISCELLANEOUS......................................................................................................................33
A. VEHICLE POLICY.................................................................................................................................................33
B- DEFERRED COMPENSATION LOAN PROGRAM..............---....—...--.................................................................34
C. ASSOCIATION BUSINESS—,................................................................... ...•---—..................----........................34
ARTICLE XII—CITY COUNCIL APPROVAL....................................................................................................35
LISTOF MOU EXHIBITS.......................................................................................................................................36
EXHIBIT A_FIRE MANAGEMENT ASSOCIATION SALARY SCHEDULE................................................37
EXHIBIT D--DELTA CARE(PMI)DENTAL PLAN BROCHURE..................................................................42
EXHIBIT E—DELTA DENTAL PLAN BROCHURE..........................................................................................43
EXHIBIT F—VISION(VSP)PLAN BROCHURE................................................................................................44
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Res. No. 2004-44
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
(Herein Called CITY)
AND
THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
(Hereinafter Called ASSOCIATION)
PREAMBLE
WHEREAS, the designated representative of the City of Huntington Beach and the
Huntington Beach Fire Management Association have met and conferred in good faith
with respect to salaries, benefits and other terms and conditions of employment for the
employees represented by the Association;
Except as expressly provided herein, the adoption of this Memorandum of
Understanding (MOU) shall not change existing terms and conditions of employment,
which have been established for the classification represented by the Huntington Beach
Fire Management Association.
NOW THEREFORE, this Memorandum of Understanding is made, to become effective
December 20, 2003 and it is agreed as follows:
ARTICLE I — TERM OF MOU
This Agreement shall be in effect for a period of one (1) year commencing December
20, 2003 and ending at midnight on December 31, 2004.
ARTICLE II — REPRESENTATIONAL UNIT
It is recognized that the Huntington Beach Fire Management Association is the
employee organization which has the right to meet and confer in good faith with the city
on behalf of represented employees of the Huntington Beach Fire Department within
the classification titles of Fire Division Chief and Fire Battalion Chief as outlined in
Exhibit A attached hereto and incorporated herein.
ARTICLE III — SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this MOU or any
additions or amendments thereof, or the application thereof to any person, is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall be affect the validity of the remaining portions of this
resolution or its application to other persons. The City Council hereby declares that it
would have adopted this MOU and each section, subsection, sentence, clause, phrase
or portion, and any additions or amendments thereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses, phrases or portions, or the
application thereof to any person, be declared invalid or unconstitutional.
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HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
ARTICLE IV— SALARY SCHEDULES AND RETIREMENT
A. Monthly Compensation
Employees shall be compensated at hourly rates by job type and pay grade
during the term of this Agreement as set out in Exhibit A attached hereto and
incorporated herein unless expressly provided for in other articles of this
Memorandum of Understanding.
B. Public Employees Retirement System Pickup
Each employee covered by this Agreement shall be reimbursed bi-weekly in an
amount equal to 9% of the employee's base salary and special pay as a pickup
of the employee's contribution, or portion of such contribution, to the Public
Employees' Retirement System (PERS). The above PERS pickup is not base
salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code.
C. Self Funded Supplemental Retirement Benefit
Employees hired prior to August 17, 1998 are eligible for the Self Funded
Supplemental Retirement Benefit, which provides that:
1. In the event a member elects Option #2 (Section 21456) or Option #3
(Section 21457) of the Public Employees' Retirement Law, the city shall
pay the difference between such elected option and the unmodified
allowance which the member would have received for his or her life
alone. This payment shall be made only to the member, shall be
payable by the city during the life of the member, shall be payable by the
city during the life of the member, and upon that member's death, the
city obligation shall cease. The method of funding this benefit shall be
at the sole discretion of the city. This benefit is vested for employees
covered by this agreement. (Note: The options provide the allowance is
payable to the member until his or her death and then either the entire
allowance (Option #2) or one-half of the allowance (Option #3) is paid to
the beneficiary for life).
2. Employees hired on or after August 17, 1998 shall not be eligible for this
benefit referenced in A.1.a. herein above.
D. Medical Insurance Upon Retirement
As required by the Government Code, while the City is contracted with CalPERS
to participate in the Public Employees' Medical and Hospital Care Act (PEMHCA)
program, retired employees (annuitants) shall have available the ability to
participate in the PEMHCA program. CalPERS shall be the sole determiner of
eligibility for retiree (annuitant)to participate in the PEMHCA program.
The City's requirement to provide retirees (annuitants) medical coverage is solely
governed by the Government Code requirement that PEMHCA agencies extend
this benefit to retirees (annuitants). If by agreement between the association
and the City or if the City elects to impose termination of its participation in the
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MEMORANDUM OF UNDERSTANDING
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
PEMHCA program retirees (annuitants) shall no longer be eligible for City
provided medical insurance.
In the event that the city terminates its participation in the PEMHCA program, the
retiree medical subsidy program in place in Resolution No. 2002-120 Exhibit B to
the Memorandum of Understanding shall be reinstated. The City shall make any
necessary modifications to conform to the new City sponsored medical insurance
plan-
E. Public Employees' Retirement System
I. Level IV Survivors Benefits
Unit employees shall be covered by the 1959 PERS Level IV Survivor
Benefit.
2. 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.
F. Direct Deposit
All FMA represented employees shall be required to utilize direct deposit of
payroll checks.
ARTICLE V— SPECIAL PAY
A. Educational Tuition
1. Upon approval of the Department Head and the Human Resources
Manager, permanent employees may be compensated for courses from
accredited educational institutions. Tuition reimbursement shall be limited
to job related courses or job related educational degree objectives and
requires prior approval by the Department Head and Human Resources
Manager.
2. Education costs shall be reimbursed to permanent employees on the basis
of a full refund for tuition, books, parking (if a required fee) and any other
required fees upon presentation of receipts. However, the maximum
reimbursement shall be not more than one thousand five hundred dollars
($1,500) in any fiscal year period.
3. 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.
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MEMORANDUM OF UNDERSTANDING
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
B. Holiday Pay-In-Lieu
Employees shall be compensated by the city in lieu of the ten listed holidays at
the rate of 3.0768 hours multiplied by the employee's hourly salary rate set forth
in Exhibit A, payable each and every pay period. The following are the
recognized legal holidays under this MOU:
1. New Year's Day (January 1)
2. Martin Luther King's Birthday (third Monday in January)
3. President's Day (third Monday in February)
4. Memorial Day (last Monday in May)
5. Independence Day (July 4)
6. Labor Day (first Monday in September)
7. Veteran's Day (November 11)
8. Thanksgiving Day (fourth Thursday in November)
9. 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.
Employees designated by the Fire Chief who are required to work regular
shifts on the above listed holidays as set forth in this Article, shall not be
entitled to time off or overtime_
Subject to State Law and Regulations, compensation paid as a result of
Article V.B. shall be reportable to PERS as Holiday Pay.
C. Bilingual Skill Pay
Permanent employees who are qualified to use Spanish, Vietnamese, or Sign
Language skills 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 qualified for said compensation,
employee's language proficiency will be tested and certified by the Human
Resources Manager or designee.
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MEMORANDUM OF UNDERSTANDING
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
D. Professional Achievement Award
Upon presenting a certificate of completion from the United States Fire
Administration's National Fire Academy for the Executive Fire Officer Program to
the Human Resources Manager, the employee will receive a one-time lump sum
award of two thousand five hundred ($2,500) dollars. The award shall be subject
to all applicable state and federal taxes.
ARTICLE VI — UNIFORMS
The city agrees to provide uniforms to employees on active duty who are required to
wear uniforms to the same extent as in the past.
ARTICLE VII —WORK SCHEDULEICOMPENSATORY PAY/TIME OFF
A. Work Schedule
Members assigned to suppression assignments shall work an average of fifty-six
(56) hours per week pursuant to the current schedule of five (5) twenty-four (24)
hour shifts in a fifteen (15) day period with six (6) consecutive days off. Total
hours worked in a calendar year will equal 2912 hours.
Members assigned to non-suppression staff assignments shall work four (4)
days per week, ten (10) hours each day, meal times to be included during the ten
hour shift. Total hours worked in a calendar year will equal 2080 hours.
B. Compensatory Pay
1. Members working suppression duties earn compensatory pay or
compensatory time off, on an hour for hour basis, for hours worked in
addition to their regular schedule, subject to the limitations contained in
Article VII_13.3. below.
2. Members shall work thirty-five (35) hours of non-suppression overtime in a
calendar year, before earning compensatory pay or compensatory time off,
on an hour for hour basis, for hours worked in excess of their regular
normal work schedule.
3. Compensatory Pay
a. Compensatory pay is paid at the 40 hours straight time rate for each
hour.
b. Compensatory time earned can be converted to cash at the
member's 40-hour straight time rate.
c. Maximum accrual shall be 120 hours.
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MEMORANDUM OF UNDERSTANDING
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
ARTICLE VIII - HEALTH AND OTHER INSURANCE BENEFITS
A_ Health
The city shall continue to make available group medical, dental and vision benefits
to all association employees.
1. Eligibility Criteria and Cost:
a. Year 2004 Premiums
Effective January 1, 2004 health premiums for 2004 are as set forth in the
chart below:
3 ............... .,.,.3 3}>„'3'.
3 'D %S.1tkAG::e
F?lat ,3 3 Health:N@t3.,;;:
onthl ..,. ,, ...."_.................
PrerrEurri l3erwtal L1entl,> i
POD HfO� 1/ won
�� .... . .....;. $481.40 $313.01 $48.93 $24.38 $18.07
E + 1 951.96 685.85 93.42 41.46 18.07
�E, nr more ' 1,165.54 903.97 132.47 63.40 18.07
b. Employer Contributions
The City's maximum monthly employer contribution for health and other
insurance premiums are set forth in the charts below.
January 3, 2004 through March 26, 2004.
3 m ,
MonthT t3ity Head 3 w 'j,,3,, 3
.,.,.,.,., 3... III
LE $429.93 $330.19 $42.88 $23.00 $17.58
758.41 611.67 81.82 39.11 17.58
EE - or mope 907.50 776.341 116.36 159.81 1 17.58
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Res. No. 2004-44
MEMORANDUM OF UNDERSTANDING
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
March 27, 2004 and until the PEMHCA program is in place.
....................
.......................-----
laeita delta ..........
.. .................
i2 Health
..........._-E,",. .......... '-d"I""'I
........ ....
P-Q'Y,,. ta wh
............. ...
qml.
E $373.77 $274.03 $42.88 $23.00 $17.58
................
702.25 555.51 81.82 39.11 17.58
more' 17.58i] 851.34 720.18 116.36 59.81 1
In no event shall the employee be entitled to the difference between the
employer contribution and the premiums for insurance plan(s) selected by
the employee.
c. Employee Contributions
Effective the first pay period beginning in January 2004, employee pre-tax
payroll deduction contributions for 2004 premiums are set forth in the charts
below:
i. Bi-Weekly Employee Contributions
January 3, 2004 through March 26, 2004.
..........
.............
jNft cz
1W
OP
. .......I DO
E M"!
Flab N`z'f!�;�;i�!��'i�
...........
. ....... ................
utw�
' Dental Der r -:
$23.76 $0.00 $3.83 $0.64 $0.23
89.33 33.99 7.40 1.08 0.23
119.10 58.57 , 10.37 , 1.66 , 0.231
March 27, 2004 and until the PEMHCA program is in place.
...................................
Monthly � '6
"C,I F"T DeltaHeap be
................. ...MW '"� _,=
............ea
Py
0
1,lon
Pos
EE" $49.68 $17.88 $3.83 $0.64 $0.23
115.25 59.91 7.40 1.08 0.23
4 , ,145.02 84.49 10.37 1.66 0.23 1
�
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Res. No. 2004-44
MEMORANDUM OF UNDERSTANDING
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
ii. Monthly Employee Contributions
January 3, 2004 through March 26, 2004.
..................
..........
Ftealtl�
................
. k
l NPt . D 0
P P
on
..............
OS M
$51.47 $0.00 $8.30 $1-38 $0.49
...............
193-55 73-64 16.04 2.35 0.49
r, r
258.04 126.91 122,47 3.59 10.49
March 27, 2004 and until the PEMHCA program is in place.
itVHealth Delta ; Delta
V,
�
. ................... Dental
...#Mp jDVO
Dental
E
L.,
'tittOW PPO):.,;
. ........... HMO:
$107.63 $38.73 $8.30 $1.38 $0.49
FE 249.71 129.80 16.04 2.35 0.49
31
4.20 183.07 122.47 13.59 10.49
d. 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 2004 level.
Until the City Council approves a successor to this Memorandum-of-
Understanding, the City's 2004 contribution caps will remain in place, even
if premium increases result in these additional costs being borne by the
employee.
2. Public Employees' Medical and Hospital Care Act
The City will promptly begin the contract process with the California Public
Employees' Retirement System (CaIPERS) to implement the provisions of the Public
Employees' Medical and Hospital Care Act (PEMHCA), as set forth in the California
Government Code, to provide medical insurance coverage for all employees
represented by the association.
The contract to provide medical coverage through PEMHCA shall not be construed
as a guarantee of a continuing benefit. A retiree's right to receive a City
contribution, and the City's obligation to make payment on behalf of retirees, shall
only exist as long as the City contracts with CalPERS for medical insurance. In
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MEMORANDUM OF UNDERSTANDING
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
addition, while the City is in PEMHCA, its obligations to make payments on behalf of
retirees shall be limited to the minimum payment required by law.
The City may elect to terminate its participation in the PEMHCA program by
agreement between the association and the City or if the City elects to impose
termination of its participation in the PEMHCA program on the association.
Until the City Council and the CaIPERS Board approve the City's participation in
PEMHCA and the City is fully participating in PEMHCA the rates and plans stated
above (Article X.A.1.a) will continue to apply to all employees.
a. Employer Contributions
Upon the City's full participation in PEMHCA the following premiums shall
apply:
i. City Contribution — Health Insurance
The City shall contribute on behalf of each employee, the following sum
per month toward the payment of premiums for medical insurance under
the PEMHCA program. (The following monthly sum represents the
parties' understanding of the minimum monthly contribution required by
law (and assumes the City remains in PEMHCA throughout this time
period). If the mandated minimum is increased from these figures, the
City shall make the appropriate adjustments by decreasing the
supplemental benefit set forth in subsection "iii" below.)
2004 $32.20
2005 $48.40
2006 $64.60
2007 $80.80
2008 $97.00
2009 and beyond Shall be adjusted annually
by the CaIPERS Board
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MEMORANDUM OF UNDERSTANDING
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
ii. City Contribution — Dental and Vision Insurance
The City shall contribute on behalf of each employee, the following sum
per month toward the payment of premiums for dental and vision
insurance under the city sponsored programs.
March 27, 2004 through December 31, 2004
$42.88 $23.00 $0.00
81.82 39.11 0.00
116.36 59.81 0.00
The effective date for all dental and vision coverage [i.e., employee and
dependent(s)] is the first of the month following one full month of
employment.
Until the City Council approves a successor to this Memorandum-of-
Understanding, the dental and vision insurance contribution caps will
remain in place, even if dental and vision insurance cost increases result
in these additional costs being borne by the employee.
iii. Supplemental Benefit— Health and Vision Insurance
In addition to the amount specified above (Article X.A.2.a.i and
X.A.2.a.ii), the City will contribute up to the following amounts as a
supplemental benefit to PEMHCA health and vision insurances:
oil=
Employee only $358.75 $259.41
Employee + one $687_63 $540.89
Employee + two or more $836.72 $705.56
The employee will have no entitlement to any portion of the
supplemental benefit not utilized by the employee. Any cost for health
and vision insurance benefits that exceeds the City's supplemental
benefit to health insurance contribution is the responsibility of the
employee and the employee will cover the cost through a payroll
deduction. To the extent permitted by law an employee's payroll
deduction will be pre-tax.
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MEMORANDUM OF UNDERSTANDING
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So long as the City remains in PEMHCA the supplemental benefit to
health and vision insurance contribution shall be decreased every
January 1, by an amount equal to the City's increased contribution set
forth in Article VIII.A.2.a.i above. Each year from January 1, 2005 until
January 1, 2009, the monthly-required PEMHCA contribution is
expected to increase $16.20. If the monthly-required PEMHCA
contribution is increased by more than $16.20 per month, then the
amount of the supplemental benefit will be decreased by that higher
amount. After January 1, 2009, the CalPERS Board will determine the
monthly-required PEMHCA contribution; if it increases then the amount
of the supplemental benefit will be decreased by that higher amount.
Until the City Council approves a successor to this Memorandum-of-
Understanding, the supplemental benefit to health and vision insurance
contribution caps will remain in place, even if health and vision
insurance cost increases result in these additional costs being borne by
the employee.
b. Retiree (Annuitant) Coverage
As required by the Government Code retired employees (annuitants) shall
have available the ability to participate in the PEMHCA program. The City's
requirement to provide retirees and/or annuitants medical coverage is solely
governed by the Government Code requirement that requires the City to
extend this benefit to retirees (annuitants). While the City is contracted with
CalPERS to participate in the PEMHCA program, CalPERS shall be the
sole determiner of eligibility for retiree and/or annuitant to participate in the
PEMHCA program.
i. City Contribution Une ual Contribution Method
As allowed by the Government Code and the CalPERS Board, and
requested by the association, the City shall use the Unequal
Contribution Method to make City contributions on behalf of each
retiree or annuitant. The following is an example of the sum per
month toward the payment of premiums for medical insurance under
the PEMHCA medical insurance program for a retiree or annuitant.
The City shall make these payments only while the City is a
participant in the PEMHCA program.
2004 $1.00
2005 $3.42
2006 $6.65
2007 $10.69
2008 $15.54
2009 and beyond Shall be adjusted annually
by the CalPERS Board
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MEMORANDUM OF UNDERSTANDING
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ii. City's Termination of Participation in the PEMHCA program
The City's requirement to provide retirees (annuitants) medical
coverage is solely governed by the Government Code requirement
that PEMHCA agencies extend this benefit to retirees (annuitants). if
by agreement between the association and the City or if the City
elects to impose termination of its participation in the PEMHCA
program retirees (annuitants) shall no longer be eligible for City
provided medical insurance.
In the event that the city terminates its participation in the PEMHCA
program, the retiree medical subsidy program in place in Resolution
No. 2002-120 Exhibit B to the Memorandum of Understanding shall
be reinstated. The City shall make any necessary modifications to
conform to the new City sponsored medical insurance plan.
c. Additional Costs for Participation in the PEMHCA program
i. Retiree and/or Annuitant Coverage
The association shall pay to the City an amount equal to $1.00 per
month for each additional retiree and/or annuitant in the bargaining
unit who elects to participate in the PEMHCA plan but is not
participating in the City sponsored retiree medical program as of the
beginning of a pay period after the PEMHCA program is in place.
Each January 1st the amount per month paid to the City for each
retiree and/or annuitant described above shall increase by the
amount PEMHCA requires the City to pay on behalf of each retiree
(annuitant). Article VIII.A.2.b.i provides an example of expected
payments per retiree or annuitant per month.
In the event of passage of State Legislation, Judicial Rulings, or
CalPERS Board Actions that increases the mandatory minimum
monthly contribution for retirees (annuitants), the association shall
pay an equal amount to the City.
Payments shall be made the first of the month (following
implementation). If the association fails to make timely payments for
two consecutive months, the City shall implement a decrease in the
supplemental benefit contribution to health insurance for each unit
employee by an amount equal to the total increased cost paid by the
City. [For example, if the increased cost for retirees equals $6,000
per year, the monthly supplemental benefit for each employee will be
decreased as follows: $6,000 divided by twelve (months) = $500,
which is then divided by the number of employees receiving
supplemental benefits.]
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ii. Excess Administrative Fees
The association shall remit to the City its pro rata share of any
administrative fees charged by CaIPERS that exceed that employee
organization's pro-rata share of the administrative fees the City will
no longer have to pay to hire employees to administer the City's plan.
d. Impact of Programmatic Changes
In the event of passage of State Legislation, Judicial Rulings, or a CaIPERS
Board Action, which in any way changes the employer's contribution to the
PEMHCA medical plan, the City shall terminate its contract with CaIPERS
at its earliest opportunity, unless the association pays the full cost of the
change. Examples of programmatic changes which would change the
City's employer's contribution, include, but are not limited to, the CaIPERS
Board decision to assess a Contingency Fund fee, eliminating the
differential contribution for retirees set forth in Government Code Section
22$57(b), and/or eliminating the ability to differentiate between the
minimum insurance contribution and the supplemental benefit contribution.
In order to remain within the CaIPERS medical plans in the event of
passage of State Legislation, Judicial Rulings, or a CalPERS Board Action
that changes the employer's contribution to the CaIPERS medical plan, the
association shall pay the full cost of the change(s) to the employer
contribution or the City shall terminate its contract with CaIPERS at its
earliest opportunity.
The association may request termination of the City's contract with
CaIPERS after the announcement of State Legislation, Judicial Rulings, or
a CalPERS Board Action that changes the employer's contribution to the
CalPERS medical plan.
3. Medical Cash-Out
If an employee is covered by a medical program outside of a city-
provided program (evidence of which must be supplied to
Administrative Services Department), they may elect to discontinue city
medical coverage and receive ninety two dollars and thirty-one cents
($92.31) bi-weekly to deposit into their Deferred Compensation
account or any other pre-tax program offered by the city.
4. Section 125 Employee Plan
The City shall provide an Internal Revenue Code section 125
employee plan that allows employees to use pre-tax salary to pay for
regular childcare, adult dependent care and/or medical expenses as
determined by the Internal Revenue Code.
B. Life and Accidental Death and Dismemberment
Each employee shall be provided with $45,000 life insurance and $45,000
accidental death and dismemberment insurance paid for by the city. Each
employee shall have the option, at his or her own expense, to purchase
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additional amounts of life insurance and accidental death and dismemberment
insurance to the extent provided by the city's current providers. Evidence of
insurability is contingent upon total participation in additional amounts.
C. Long Tenn Disability Insurance
This program provides, for each incident of illness or injury, a waiting period of
thirty (30) calendar days, during which the employee may use accumulated sick
leave, general leave, or the employee may elect to be in a non-pay status.
Subsequent to the thirty (30) day waiting period, the employee will be covered by
an insurance plan paid for by the city, providing 66 2/3 percent of the first
$12,500 of the employee's basic monthly earnings.
The maximum benefit period for disability due to accident or sickness shall be to
age 65.
Days and months refer to calendar days and months. Benefits under the plan
are integrated with sick leave, Worker's Compensation, Social Security and other
non-private program benefits to which the employee may be entitled. Disability
is defined as: "The inability to perform all of the duties of regular occupation
during two years, and thereafter the inability to engage in any employment or
occupation, for which he is fitted by reason of education, training or experience."
Rehabilitation benefits are provided in the event the individual, due to disability,
must engage in another occupation. Survivor's benefit continues plan payment
for three (3) months beyond death. A copy of the plan is on file in the
Administrative Services Department.
E. Miscellaneous
1. City Paid Premiums While on Medical Disability
When an employee is off work without pay for reason of medical disability,
the city shall maintain the city paid employee's insurance premiums during
the period the employee is in a non-pay status for the length of said leave,
not to exceed twenty-four (24) months.
2. Insurance and Benefits Ad1viso_nLQqMmittee
The city and the Association agree to participate in a citywide joint labor and
management insurance and benefits advisory committee to discuss and
study issues relating to insurance benefits available for employees.
3. Health Plan Over-Payments
Unit members shall be responsible for accurately reporting the removal of
ineligible dependents from health plan coverages. The city shall have the
right to recover any premium paid by the city, including premiums to its self-
insured plan, on behalf of ineligible dependents. Recovery of such over-
payments shall be made as follows:
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a. Reduction of Employee's Bi-Weekly Salary Warrant
The employee's bi-weekly salary warrant shall be reduced by
one-half of the amount of the bi-weekly over-payment. Such
reduction shall continue until the entire amount of the over-
payment is recovered.
b. Notice of Ineligible Dependents
The city shall use its best efforts to advise all unit members of
their obligation to report changes in the status of dependents,
which affect their eligibility.
c. Twelve Month Recovery Period
The city shall be entitled to recover a maximum of twelve (12)
months of premium over-payments. Neither the employee nor
the dependent shall be liable to the city other than as provided
herein.
ARTICLE IX - LEAVE BENEFITS
A. General Leave
1. Accrual
Employees accrue general leave at the accrual rates outlined below.
General leave may be used for any purpose, including vacation, sick leave,
and personal leave. Employees shall accrue general leave at their
appropriate assigned work schedule rate, either 40-hour or 56-hour
workweek. In the event of a change in work schedules, which must be at
the beginning of a pay period, payroll shall change the accrued general
leave balance and accrual rate based on the new schedule using the
conversion factor of .7143. Personnel who change from a fifty-six (56) hour
schedule to a forty (40) hour schedule shall multiply the existing general
leave by .7143. Personnel who change from a forty (40) hour schedule to a
fifty-six (56) hour schedule shall divide their existing general leave by .7143.
General Leave General Leave
Years of Service Accrual Accrual
40-Hour Rate 56-Hour Rate
First through Fourth Year 176 Hours 246.4 Hours
Fifth through Ninth Year 200 Hours 280.0 Hours
Tenth through Fourteenth Year 224 Hours 313.6 Hours
Fifteenth Year and Thereafter 256 Hours 358.4 Hours
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2. Eligibility and Approval
General leave must be pre-approved; except for illness, injury or family
sickness, which may require a physician's statement for approval. Accrued
general leave may not be taken prior to six (6) months' service except for
illness, injury or family sickness. General leave accrued time is to be
computed from hiring date anniversary. Members shall not be permitted to
take general leave in excess of actual time earned. Members on a 40-hour
schedule shall not accrue general leave in excess of six hundred hours
(600), 56-hour members shall not accrue general leave in excess of eight
hundred and forty hours (840). Employees may not use their general leave
to advance their separation date on retirement or other separation from
employment.
3. Conversion to Cash
Once during each fiscal year, each employee shall have the option to
convert into a cash payment or deferred compensation up to a total of one
hundred twenty (120) hours of earned general leave benefits. The
employee shall give two (2) weeks advance notice of his/her desire to
exercise such option.
4. 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).
B. Sick Leave
1. Accrual
No employee shall accrue sick leave.
2. Credit
Employees assigned to FMA shall carry forward their sick leave balance
and shall no longer accrue sick leave credit.
3. Usage
Employees may use accrued sick leave for the same purposes for which it
was used prior to the employee's assignment to FMA.
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4. Family Sick Leave
The city will provide family and medical care leave for eligible employees
that meet all requirements of State and Federal law. Rights and obligations
are set forth in the Department of Labor Regulations implementing the
Family Medical Leave Act (FMLA), and the regulations of the California Fair
Employment and Housing Commission implementing the California Family
Rights Act (CFRA).
5. Pay_Off At Termination
a. Employees covered by this agreement and on the payroll on
November 20, 1978 shall be entitled to the following sick leave payoff
plan:
At involuntary termination by reason of industrial or non-industrial
disability, or by death, or by retirement, employees shall be
compensated at their then current rate of pay for seventy-five percent
(75%) of all unused sick leave accumulated as of July 1, 1972, plus
fifty percent (50%) of unused sick leave accumulated subsequent to
July 1, 1972, up to a maximum of 720 hours of unused, accumulated
sick leave, except as provided in paragraph 4 below.
Upon termination for any other reason, employees shall be
compensated at their current 40-hour equivalent rate of pay for fifty
percent (50%) of all unused, accumulated sick leave. The maximum
number of hours paid off at termination will be a total of 720 hours.
Example,:
Employee has 1920 hours of accured sick leave. 1920 hours
multiplied by 50% equals 960 hours. Maximum pay off is 720 hours.
Pay off equals 720 hours multiplied by the employee's current 40-hour
equivalent pay rate.
b. Employees hired after November 20, 1978 shall be entitled to the
following sick leave payoff plan:
Upon termination, all employees shall be paid, at their then current 40-
hour equivalent rate, for twenty-five percent (25%) of unused, earned
sick leave to 480 hours accrued, and for thirty-five percent (35%) of all
unused, earned sick leave in excess of 480 hours, but not to exceed
720 hours, except as provided in paragraph 4 below.
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C. Except as provided in paragraph 4 below, no employee shall be paid
at termination for more than 720 hours of unused, accumulated sick
leave. However, employees may utilize accumulated sick leave on the
basis of "last in, first out" meaning that sick leave accumulated in
excess of the maximum for payoff may be utilized first for sick leave,
as defined in Personnel Rule 18-8.
d. Employees who had unused, accumulated sick leave in excess of 720
hours as of July 5, 1980, shall be compensated for such excess sick
leave remaining on termination under the formulas described in
paragraphs 1 and 2 above. In no event shall any employee be
compensated upon termination for any accumulated sick leave in
excess of the "cap" established by this paragraph (i.e., 720 hours plus
the amount over 720 hours existing on July 5, 1980). Employees may
continue to utilize sick leave accrued after that date in excess of such
"cap" on a "last in, first out" basis.
e. To the extent that any "capped" amount of excess sick leave over 720
hours is utilized, the maximum compensable amount shall be
correspondingly reduced. (Example. Employee had 1,000 hours
accumulated. Six months after July 5, 1980, employee has
accumulated another 48 hours. Employee is then sick for 120 hours.
Employee's maximum sick leave "cap" for compensation at termination
is now reduced by 72 hours to 928 hours.)
C. Bereavement Leave
Employees shall be entitled to bereavement leave not to exceed thirty (30) work
hours in each instance of death in the immediate family. Immediate family is
defined as father, mother, sister, brother, spouse, children, grandfather,
grandmother, stepfather, stepmother, step grandfather, step grandmother,
grandchildren, stepsisters, stepbrothers, mother-in-law, father-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the
employee is the legal guardian.
Employees assigned to suppression assignments "58-hour workweek" shall be
entitled to bereavement leave not to exceed forty-eight (48) work hours in each
instance of death in the immediate family, as defined above.
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D. Family Leave
The city will provide family and medical care leave for eligible employees that
meet all requirements of State and Federal law. Rights and obligations are set
forth in the Department of Labor Regulations implementing the Family Medical
Leave Act (FMLA), and the regulations of the California Fair Employment and
Housing Commission implementing the California Family Rights Act (CFRA).
ARTICLE X— CITY RULES
A. Personnel Rules
The city and the Association agree to implement the following rules and
accordingly revise the Personnel Rules as described herein:
1. Rule 5 — Recruitment and Examination Procedure
a) 5-4 — Order of Certification
Whenever certification is to be made, the eligibility lists, if active and
not exhausted shall be used in the following order"
1) Re-employment list
2) Promotional list
3) Employment List
If fewer than five (5) names of persons willing to accept appointment
are on the list from which certification is to be made, then additional
eligibles shall be certified from the various lists next lower in order of
preference until five (5) names are certified. If there are fewer than
five (5) names on such lists, there shall be certified the number
thereon. In such case, the appointing authority may demand
certification of five (5) names and examinations shall be conducted
until five (5) names may be certified. In the event the appointing
authority does not choose to appoint from the five (5) names certified,
a new examination may be requested. In the event another
examination is conducted, those names shall be merged with others
already on the list in order of scores.
b) 5-14— Promotional Exams
Promotional examinations may be conducted whenever, in the opinion
of the 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
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and length of service may be considered. A promotional employment
list shall be established after the administration of a promotional
examination, and such list shall contain the name(s) of those that
passed the examination.
2. Rule 7 -- Discipline
a) 7-2 — Causes for Discipline
12) Possession, use or sale of illegal narcotics or habit-forming
drugs, while on-duty or on city property.
14) Conviction of any felony or a misdemeanor with a job nexus. A
plea or verdict of guilt, or a conviction following a plea of nolo
contendere, is deemed to be a conviction within the meaning of
this section.
15) Participating in an unlawful strike, work stoppage, slowdown, or
using or attempting to use sick leave to accomplish the same
purpose as a strike, work stoppage, or slowdown.
3. Rule 8 —Termination
a) 8-1 — Medical Examination. Evaluation of Employee's Work Capacity.
Demotion, Transfer or Termination of Appointment
At any time a department head has reasonable cause to believe that
an employee may not be able to perform the duties of his/her position
for physical or psychological reasons, such department head shall
consult with the Human Resources Manager regarding such belief. If
the Human Resources Manager concurs, the department head may
order the employee to submit to a medical or psychological
examination. The 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
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and can perform the duties of a lower paying vacant position for which
he/she has applied, he/she will be placed in such position, without
competitive examination, subject to the approval of the department
head.
(The city and Association agree to meet biannually to discuss the 8-1
process).
b) 8-3 — Layoff in Accordance with Length of Service
The city and the Association agree that the first sentence in Personnel
Rule 8-3 shall be modified to read as follows: Layoff shall be made in
accordance with the relative length of the last period of continuous
service of the employees in the class of layoff, provided, however, that
no permanent employee shall be laid off until all temporary, acting and
probationary employees in the competitive service holding positions in
the same class are first laid off.
c) 8-11 — Re-Employment
With the approval of the Human Resources Manager, an employee
who has resigned in good standing from the competitive service may
be re-employed to his/her former position, if vacant, or to a vacant
position in the same or comparable class within one (1) year from date
of resignation in accordance with Rule 5-21. If such re-employment
commences within ninety days of the effective date of resignation, the
employee shall not be considered a new employee for vacation and
seniority purposes.
4. Rule 12 — Classification Plan
a) 12-10 —Temporary Employees
Employment on a basis other than permanent or probationary to a
permanently budgeted position not to exceed 1000 hours in any twelve
(12) month period. Employees occupying temporary positions shall
not be included in the competitive service and shall not be subject to
these rules and regulations.
5. Rule 14 —Additional Pay and Pay Ad'ustments
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
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Section 14-1, may be approved by the City Administrator, upon
recommendation of the department head through the Human
Resources Manager. Such recommendation shall include the
reason(s) for the adjustment, whether the advancement is to be
permanent or temporary, and an effective date.
6. Rule 18 —Attendance and Leaves
a) 18-16 — Industrial Accident Leave
In the event a permanent employee, who is a miscellaneous member
of the Public Employees' Retirement System (PERS), is temporarily
totally disabled as a result of an injury or illness arising out of and in
the course of employment and covered by the State of California
Workers' Compensation Insurance and Safety Act, resulting light duty
assignments due to the injury or illness or absences from work shall be
considered Industrial Accident Leave as that term is defined by this
rule.
A permanent employee eligible for Industrial Accident Leave shall
receive compensation from the city in an amount equal to the
employee's regular rate of salary during such period of temporary total
disability. Benefits received under this rule shall be in lieu of statutory
Workers' Compensation benefits. Industrial Accident Leave shall
continue during all absences resulting from the injury or illness,
including those absences attributable to doctor's appointments,
therapy, or other follow-up medical visits, but in no case exceeding one
year of accumulated absences attributable to the same injury or
illness. In the event an employee is temporarily, totally disabled by
coinciding qualifying injuries or illnesses, periods of absences shall be
applied concurrently to all qualifying injuries or illnesses.
Industrial Accident Leave compensation shall begin on the first day an
eligible employee is absent due to a qualifying injury or illness as
defined 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
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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.
b) 18-19 — Maternity,Leave
The city and the Association agree to modify the present Personnel
Rule 18-19 Maternity Leave to read as follows: "A permanent
employee shall be entitled to a leave of absence without pay due to
inability to work due to pregnancy. The employee will be entitled to use
available sick leave during this period. Said leave must be requested in
writing from the Department Head and must include written notification
from the employees physician stating the last day the employee may
work and the estimated duration of leave. The employee must obtain
written authorization to return to work from the attending physician.
Said authorization must be filed with the Department Head and the
Human Resources Manager."
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c) 18-20 — Leave of Absence without Pav
The city and the Association agree that the following sub-paragraph
"C" shall be added to Personnel Rule 18-20. Leave of Absence without
Pay: Leave of absence without pay, for medical disability reasons,
shall be restricted to six (6) months.
7. Rule 19 — Grievance Procedure Non-Disci ling 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 nova
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.
2) Ste 5 — Personnel Board Hearin
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
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directly upon submission of the case by mutual consent of the
parties.
8_ Rule 20 — Disciplinary Procedure and Appeal
a) 20-1 — Purpose
The purpose of this rule is to provide a procedure for recommending
and imposing discipline against city employees, and a means by which
an employees may administratively appeal any such disciplinary
action.
b) 20-2 — Disciplinary Procedures
1) Notice of Proposed Adverse Action
For disciplinary demotions, suspensions or dismissals, an
employee shall be served a written Notice of Proposed Adverse
Action by the employee's department head, or his/her designee,
or by certified mail, prior to the proposed disciplinary action
taking effect. The notice shall state the reasons for and
charges upon which the proposed action is based, and the
effective date of the action the right to respond and the
employer's right to representation. A copy of all materials upon
which the proposed action is based shall be attached to the
notice_
2) Employee's Right to Respond
The employee shall be given a minimum of ten (10) calendar
days to respond orally and/or in writing to the charges upon
which the proposed action is based. The employee's response
shall be made to and/or before his/her department head.
3) Time Off
The employee shall be given reasonable time off with pay to
attend disciplinary meetings.
4) Final Notice of Decision
After an employee has responded to or waived his/her right to
respond to the proposed adverse action, the employee shall be
served with a final Notice of Decision from his/her department
head. The final written Notice of Decision shall state whether or
not the proposed action shall be taken or modified, and the
reasons therefore and effective date or the action.
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
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for de nova hearing and final determination in accordance with the
following procedure:
1) Request for Appeal
Within five (5) days after the employee's receipt of a final Notice
of Discipline, a written request for an appeal to the Personnel
Commission shall 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 y Personnel Board
1) The Board may, in its sole discretion, after it has received the
written report and recommendation of the hearing officer, set
the matter for private hearing for the purpose of receiving
additional evidence or argument. In the event the Board sets a
private hearing for such purposes, the Human Resources
Manager shall give written notice to all parties concerned in
such matter.
2) The Board, following a consideration of the hearing officer's
written report and recommendation and deliberation thereon
and any supplemental hearing before the Board, shall make
findings, conclusions and decisions which shall be final and
binding on all parties and from which there shall be no further
appeal.
e) 20-5.— Employee Status on Pending Appeal
Notwithstanding the provisions of Rule 7, Section 7-4 (Suspension with
Pay), the disciplinary action an appeal to the Personnel Commission.
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9. Rule 21 — Grievance Procedures - General
a) 21-7 Hearing Officer
The hearing officer provided for in Rules 19 and 20 shall be from a list
provided by the Personnel Commission or one selected by mutual
consent of the parties.
b) 21-12 Time. Extension of
The city and the employee, or employee organization may, by mutual
consent, extend the time period within which an act must occur in the
processing of grievances.
c) 21-13 Time Extension Grievances
The city and the employee, or employee organization may, by mutual
consent, extend the time periods within which an act must occur in the
processing of grievances.
G. 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
employee in locating, preparing to qualify for, and being placed in
other positions in the competitive service. This shall not be
construed as a restriction on the city government in effecting
economies or in making organizational or other changes to
increase efficiency.
3) A department shall reduce staff by identifying which positions
within the department are to be eliminated.
4) The employee who has the least city-wide service credit in the
class within the department shall have city-wide transfer rights in
the class pursuant to Part 1, Section 3, Transfer or Reduction to
Vacancies in Lieu of Layoffs, or within the occupational series
pursuant to Part 2, Bumping Rights.
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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.
c) If no position in the same class is vacant, the employee shall
be given the opportunity, in order of service credit, to transfer
to the position in the same class that is held by an incumbent
in another department with the least amount of service credit
whose position the employee has the necessary qualifications
to perform.
2) If an employee(s) is not eligible for transfer within the employee's
class, the employee shall be offered, in order of service credit, a
reduction to a vacant position in the next lower class within the city
in the occupational series in lieu of layoff provided the employee
has the necessary qualifications to perform the duties of the
position.
3) If the employee refuses to accept a transfer or reduction pursuant
to A. or B., above, the employee shall be laid off.
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d) If the employee(s) in the class with the least amount of service credit is
in the position(s) to be eliminated or displaced by transfer, the
employee shall be offered bumping rights, pursuant to Part 2, Service
Credit.
e) Any employee who takes a reduction to a position in a. lower class
within the occupational series in lieu of layoff shall be placed on the
reinstatement/reemployment list(s) pursuant to Part 3.,
Reemployment.
2. Order of Layoff
a) Prior to implementing a layoff, vacant positions that are authorized to
be filled shall be identified by citywide occupational series. If the
employee refuses to accept a position pursuant to Section 3., above,
the employee shall be laid off.
b) No promotional probationary employee or permanent employee within
a class in the department shall be laid off until all temporary,
nonpermanent part-time and non-promotional probationary employees
in the class are laid off. Permanent employees whose positions have
been eliminated may exercise citywide bumping rights to a lower class
in the occupational series pursuant to Part 2.
c) When a position in a class and/or occupational series is eliminated,
any employee in the class who is on authorized leave of absence or is
holding a temporary acting position in another class shall be included
for determining order of service credit and be subject to these layoff
procedures as if the employee was in his or her permanent position.
3. Notification of Employees
a) The Personnel Division shall give written notice of layoff to the
employee by personal service or by sending it by certified mail to the
last known mailing address at least fifteen (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
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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 Riights.
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.
4. Part 2 —_Bumping Rights
a) Volunta Reduction or Bumping in Lieu of La off
1) A promotional probationary employee or permanent employee
who receives a layoff notice may request a reduction to a position
in a lower class within the occupational series provided the
employee possesses the necessary qualifications to perform the
duties of the position.
2) Employees electing reduction under A above, shall be reduced to
a position authorized to be filled in a lower class within the
employee's occupational series. The employee may reduce to a
lower class in his/her occupational series by: 1) filling a vacancy in
that class, or 2) if no vacancy exists, displacing the employee in
the class with the least service credit whose position the employee
has the necessary qualifications to perform. A displaced
employee shall have bumping rights.
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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) Reinstatement/Re-employment Lists
Any employee who takes a reduction to a position in a lower class
within the occupational series in lieu of layoff shall be placed on tile
reinstatement/re-employment list pursuant to Part 3, Re-employment.
c) Qualifications Appeal
Any employee who is denied a reduction to a position in a lower class
within the occupational series on the basis that the employee does not
possess the necessary qualifications to successfully perform the duties
of the lower position may appeal the decision. The appeal shall be
filed with the Human Resources Manager within five (5) calendar days
of the employee's receipt of written notice of the decision and
reason(s) for denial. The employee's appeal shall be in writing and
shall include supporting facts or documents supporting the appeal.
d) Qualifications Appeal,Hearing
1) Upon receipt of an appeal, the 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
tile time frame, the parties shall select the earliest date either is
available to conduct the hearing. The parties shall split the cost, if
any, of the hearing officer. In addition, the parties shall meet within
three (3) workdays to attempt to resolve the dispute. If the dispute
remains unresolved, the parties shall endeavor in good faith to
submit to the hearing officer a statement of all agreed upon facts
relevant to the hearing.
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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
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 FMA 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.
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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) explre(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 retumed 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.
ARTICLE XI -- MISCELLANEOUS
A. Vehicle Policy
1. Approval is required by the City Administrator or his designee for any city
vehicle to be taken home by a FMA employee.
2. The auto allowance for qualifying members shall be one-hundred sixty-one
dollars and fifty-three cents ($161.53) bi-weekly.
3. The monthly automobile allowance shall not be reduced during the term of
this agreement.
4. Eligibility for automobile allowance and the use of city vehicles shall be
determined in accordance with the Administrative Regulation, Vehicle Use
Policy and the city's Fleet Management Program.
5. Employees that are assigned a City vehicle must reside within 25 miles of
the City's limits.
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Employees that are assigned a City vehicle and who are assigned a pager
for immediate call out shall be allowed to use the assigned vehicle for
personal use within the City limits and/or within ten (10) miles of the
employee's residence. .
B. Deferred Compensation Loan Pro-gram
Unit members may borrow up to 50% of their deferred compensation funds for
critical needs such as medical costs, college tuition, or purchase of a home,
pursuant to program standards and regulations.
C. Association Business
An allowance of fifty (50) hours per year shall be established for the purpose of
allowing authorized representatives of the Association to represent members in
their employment relations.
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ARTICLE XII — CITY COUNCIL APPROVAL
It is the understanding of the city and the Association that this Memorandum of
Understanding is of no force or effect whatsoever unless and until adopted by
Resolution of the City Council of the City of Huntington Beach.
IN WITNESS WHEREgF, the parties hereto have executed this Memorandum of
Understanding this Z�/day of June, 2004.
HUNTINGTON BEACH
CITY OF HUNTINGTON EAC FIRE MANAGEMENT ASSOCIATION
William P. Workman Jacqtles P elleti r
Assistant Ci mi 's#ra FMA President
Clay Martin F&berf M. Brow
Director QkAdministrative Services Bargaining Corn
William H. Reardon
Bargaining Committee
APPROVED AS TO FORM:
c
J nnifer Grath
ity Attorney
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MEMORANDUM OF UNDERSTANDING
FMA
LIST OF MOU EXHIBITS
..........
A Class/Salary Schedule
B Service Credit Subsidy
c Delta Care (PMI) Dental Plan
E Delta Dental — Dental Plan
F Vision Service Plan
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EXHIBIT A - FIRE MANAGEMENT ASSOCIATION SALARY SCHEDULE
Effective December 20, 2003
Step
Job Code Classification Range A B C D E
0031 Fire Battalion Chief 583 39.93 42.13 44.45 46.90 49.48
0026 Fire Division Chief 615 46.84 49.42 52.14 55.01 58.04
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MEMORANDUM OF UNDERSTANDING
EXHIBIT B— SERVICE CREDIT SUBSIDY PLAN
An employee who has retired from the City and meets the plan participation requirements
shall receive a monthly Service Credit Subsidy to reimburse the retiree for the payment of
qualified medical expenses incurred for the purchase of medical insurance.
Plan Participation Requirements
1. At. the time of retirement the employee has a minimum of ten (10) years of
continuous regular (permanent) City service or is granted an industrial disability
retirement; and
2. At the time of retirement, the employee is employed by the City; and
3_ Following official separation from the City, the employee is granted a retirement
allowance by the California Public Employees' Retirement System (CalPERS).
The City's obligation to pay the Service Credit Subsidy as indicated shall
be modified downward or cease during the lifetime of the retiree upon the
occurrence of any one of the following:
a. During any period the retired employee is eligible to receive or
receives medical 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 Service Credit Subsidy 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
medical 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.
b. 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 Service Credit
Subsidy may be adjusted downward or eliminated.
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EXHIBIT B— SERVICE CREDIT SUBSIDY CONTINUED
c. In the event of the death of an eligible employee, whether
retired or not, the amount of the Service Credit Subsidy benefit
which the deceased employee was eligible for at the time of
his/her death shall be paid to the surviving spouse or dependent
for a period not to exceed twelve (12) months from the date of
death.
4. Minimum Eligibility for Benefits — With the exception of an industrial disability
retirement, eligibility for Service Credit Subsidy begins after an employee has
completed ten (10) years of continuous regular (permanent) 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.
To receive the Service Credit Subsidy retirees are required to purchase
medical insurance from City sponsored plans. The City shall have the right to
require any retiree (annuitant) to annually certify that the retiree is purchasing
medical insurance benefits.
5. 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 $120. Payments shall be in accordance with the
stipulations and conditions, which exist for all retirees.
6. Service Credit Subsidy — Payment shall not exceed dollar amount, which is
equal to the qualified medical expenses incurred for the purchase of city
sponsored medical insurance.
7. Maximum Monthly Service Credit Subsidy Payments - All retirees, including
those retired as a result of disability whose number of years of service prior to
retirement exceeds ten (10), continuous years of regular (permanent)service
shall be entitled to maximum monthly Service Credit Subsidy by the City for
each year of completed City service as follows:
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EXHIBIT B — SERVICE CREDIT SUBSIDY CONTINUED
Maximum Service Credit Subsidy Retirements After:
Service Credit
Years of Service Subsidy
10 $ 120
11 135
12 150
13 165
14 180
15 195
16 210
17 225
18 240
19 255
20 270
21 285
22 299
23 314
24 329
25 343
The Service Credit Subsidy will be reduced every January 1st by an
amount equal to any required amount to be paid by the City on
behalf of the retiree (annuitant). Article Vill_A.2.b.i provides an
example of expected reductions per retiree per month.
8. Medicare:
a. All persons are eligible for Medicare coverage at age 65. Those
with sufficient credited 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,
the participant pays for Part B of Medicare.
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EXHIBIT B — SERVICE CREDIT SUBSIDY CONTINUED
b. When a retiree and his/her spouse are both 65 or over, and neither
is eligible for paid Part A of Medicare, the Service Credit Subsidy
shall pay for Part A for each of them or the maximum subsidy,
whichever is less.
C. 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 of Medicare, the
spouse shall not receive the 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.
9. Cancellation:
a. For retirees/dependents eligible for paid Part A of Medicare, the
following cancellation provisions apply:
i. Coverage for a retiree under the Service Credit Subsidy Plan
will be eliminated on the first day of the month in which the
retiree reaches age 65.
ii. 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 Service
Credit Subsidy Plan will be eliminated.
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EXHIBIT D — DELTA CARE (PMI) DENTAL PLAN BROCHURE
A copy of the Delta Care (PMI) Brochure
may be obtained from the
Administrative Services Department
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EXHIBIT E — DELTA DENTAL PLAN BROCHURE
A copy of the Delta Dental Plan Brochure
may be obtained from the
Administrative Services Department
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EXHIBIT F—VISION (VSP) PLAN BROCHURE
A copy of the Vision (VSP).Brochure
may be obtained from the
Administrative Services Department
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Res. No. 2004-44'
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN FLYNN, the duly appointed, 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 7th day of June,
2004 by the following vote:
AYES: Coerper, Hardy, Green, Cook, Houchen
NOES: Sullivan, Boardman
ABSENT: None
ABSTAIN: None
Ci lerk and ex-officio erk of the
City Council of the City of
Huntington Beach, California