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HomeMy WebLinkAboutCity Council - 2005-12 RESOLUTION NO. 2 0 0 5—12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH MUNICIPAL EMPLOYEES' ASSOCIATION (MEA) AND THE CITY OF HUNTINGTON BEACH FOR 12/20/03 THROUGH 6/30/06 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 Municipal Employees' Association ("MEA"), a copy of which is attached hereto as EXHIBIT "A" and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof; and the City Administrator is authorized to execute this Agreement. Such Memorandum of Understanding shall be effective for the term December 20, 2003, through.Tune 30, 2006. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of February , 200 5 . AL Jai *000,1W z REVIEWED AND APPROVED: APPROVED AS TO FORM: ity AdrnYalstrator rk ity Attorney INITIATED AND APPROVED. Director of Administrative S rvi 05reso/MEA Mou/L121/05 1 Ile, Memorandum of Understanding between Huntington Beach Municipal Employees Association and City of Huntington Beach December 21 2003 — June 30, 2006 MEA MOU TABLE OF CONTENTS Page PREAMBLE.................................................................................................................... 9 ARTICLE I — TERM OF MOU......................................................................................... 7 ARTICLE II — REPRESENTATIONAL UNIT/CLASS ............................................... ARTICLE III — MANAGEMENT RIGHTS........................................................................ 2 ARTICLE IV— EXISTING CONDITIONS...................................................... ARTICLE V— SEVERABILITY....................................................................................... 2 ARTICLE VI — SALARY SCHEDULE............................................................................. 3 A. Classification and Salary Rates ............................................•-------------------...................... 3 ARTICLE VII — SPECIAL PAY....................................................................................... 3 A. Education ......................................•--•--•-----------.....-------•--•......................................--•------ 3 1. Tuition Reimbursement.......-•...................................................................•---.....................--........3 B. Acting Assignment.......................................................................................................... 4 C. Assignment Pay.....................................•-------------•-------------............................................. 4 1. Leadworker Differential ........................................... .•----.........---..........----•-----.......... ..................4 2. Shift Differential.............................................................•--••---....................-----.........---.................4 a- Afternoon Shift......................................................................................................---............4 b. Night Shift............................................................................ .4 C. Shifts Defined................................................................................• ........................... 5 3. Court Standby Time ....................................................................................................................5 D. Special Certification/Skill Pay ........................•--•-----•--•------------•-...................................... 5 1. Bilingual Skill .........................................................................................................•-----......---.......5 2. Shorthand Skill ............................................................................................................................ 5 3. Plan Checker, Building............................................................................. .............---..................6 ARTICLE Vlll — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT......................... 6 A. Uniforms and Safety Shoes.........................................................•--------.......................... 6 1. Safety Shoes—Cost....................................................................................................................6 B. Tool Allowance............................................................................................................... 6 C. Vehicle Use-------•............................................................................•--••---•---•................... 7 D. Process Owner Assignment Pay --------------------------------------------•----................................... 7 ARTICLE IX— HOURS OF WORKIOVERTIME ............................................................. 7 A. Work Schedule............................................................................................................... 7 1. Work Periods under Fair Labor Standards Act...........................................................................7 2. Flex Schedule and Alternative Work Schedule- Civic Center Employees.................................7 B. Hours of Work Defined .............................•--•----------........................................................ 9 C. Overtime/Compensatory Time...................................................................••-•-................ 9 D. Employee Fatigue......................................................................................................... 10 2003-2006 MEA MOU 1/24105 v.3 ii MEA MOU TABLE OF CONTENTS Page E. Callback ........................................................ ....................................... ................. .... 1O F. Mandatory Standby ----------------------------------. 1O G. Holiday Premoiurn .............................. ................. .................... .................................. 1O H. Holiday Pay................................ ......... ....................................................................... 11 ARTICLE X — HEALTH AND OTHER INSURANCE BENEFITS.................................. 11 A. Health........................................................................................................................... 11 B. Eligibility Criteria and Cost............................................................................................ 11 1. CityPaidMediceInnunanoe— EmployaeoandOependent ............................. —................... 11 3- Employee Contributions .......... ......... ................................................................... ................... 11 C. COBRA .................................................................... ................................................... 12 D. Life and Accidental Death and Dismemberment........................................................... 12 E. Long Term Disability Insurance ........................................................... ........................ 12 F. Medical Cash-Out....................................................................... .......................... ...... 13 G. Section 125 Plan .......................................................................................................... 1J H. Miscellaneous................................................. ............................................................. 1J i Retiree Medical Coverage ............................................................................................ 14 J. Pos1-65 Supplemental Medicare Coverage............................... ........ .......................... 14 K. Health Savings Account for Post Retirement Medical |nounmnoe—................................ 15 ARTICLE XI _ RETIREMENT....................................................................................... 15 A. Benefits ....................... ................................................................................................ 15 1. Self-Funded Supplemental Retirement Benefit......................................................... ............... 15 2. Deferred Compensation...............—.......................................— ............................... .............. 15 3. Medical Insurance for Retirees....... ........................................................................... .............. 18 B. Public Employees' Retirement System ------------------.------ 10 1 Employee's Contribution ........................................................................................................ ' 1Q 2. Two Percent ad Age 55 Formula............................................................. ...............................— 16 3. Pre-Retirement Optional Settlement 2 Death Benefit........................ ...................................... 10 4. Fourth Level of105Q Survivor Benefits.................... -------- ....................................................... 16 5. Financial Study of Enhanced Retirement Benefits..... ........................................ .................... 17 ARTICLE X11 _ LEAVE BENEFITS............................................................................... 17 A. Leave With Pay............................................................................................................ 17 1 General Leave......................................... ...................................................................... ........ 17 2- City Recognized Holidays ............................................................................................... ......... 18 3` Sick Leave ...... ................................................................................ ....................................... 1Q 4. Bereavement Leave...........................—' .......................................................................... ....2U 5. Association Business ........................................................................ ......... ........................ .... 2O tiJury Duty—.........................................—' .......................................... ................................. ...20 2003-2005MEAMOU1/24105v.3 iii MEA MOU TABLE OF CONTENTS Page 7. Leave Benefits Entitlement.................. ................................ .................................................20 ARTICLE XIII — CITY RULES.......................................................................................21 A. Personnel Rule............................................................................................................. 21 ARTICLE XIV—MISCELLANEOUS.............................................................................. 21 A. Grievance Arbitration.......................................................................................... ......... 21 B. Promotional Procedures............................................................................................... 21 C. Labor-Management Relations Committee..................................................................... 22 D. Copies of MOU............................................................................................................. 22 E. Position Classification Issues........................................................................................ 22 F. Class A and B Driver License Fees .............................................................................. 23 G. Job Sharing ............................................. .................................................................... 23 H. Deferred Compensation Loan Program .......................................................... ............. 23 1. Performance Evaluations/Written Reprimand Appeals..................................... ............ 23 J. MEA Letter of Introduction......................................................................................... 23 K. Voluntary Catastrophic Leave Donation........................................................................ 23 L. DOT Random Alcohol and Controlled Substance Testing............................................. 23 M. Update Employee-Employer Relations Resolution........................................................23 N. Required Fingerprinting of Employees that work with Senior Citizens...........................24 ARTICLE XV — CITY COUNCIL APPROVAL .............................................................. 25 LISTOF MOU EXHIBITS ............................................................................................. 26 EXHIBIT A— CLASS/SALARY SCHEDULE................................................................ 27 EXHIBIT B — UNIFORM POLICY................................................................................. 39 EXHIBIT C —VEHICLE USE POLICY..........................................................................46 EXHIBIT D — EMPLOYEE HEALTH PLAN BROCHURE.............................................49 EXHIBIT E — DELTA CARE (PMI) DENTAL PLAN BROCHURE................................50 EXHIBIT F — DELTA DENTAL PLAN BROCHURE..................................................... 51 EXHIBIT G — VISION (VSP) PLAN BROCHURE......................................................... 52 EXHIBIT H — LONG TERM DISABILITY PLAN BROCHURE...................................... 53 EXHIBIT I — PROVISIONS OF THE RETIREE SUBSIDY MEDICAL PLAN ................ 54 2003-2006 MEA MOU 1/24/05 v.3 iv MEA MOU TABLE OF CONTENTS Page EXHIBIT J - 9/80 WORK SCHEDULE............................................................... .......... 58 EXHIBIT K - 4110 WORK SCHEDULE ......................................................................... 61 EXHIBIT L - AGENCY SHOP....................................................................................... 63 2003-2006 MEA MOU 1/24/05 v.3 v 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, 2003 through June 30, 2006; 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, 2003 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, 2003 through June 30, 2006. 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 11 — REPRESENTATIONAL UNIT/CLASS A. 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. MEA MOU 1-23-05.v.2 1 MEA MOU B. Notwithstanding any other provisions of this agreement, the City and Association agree to meet and confer during the term of the agreement regarding review of the HBMEA positions listed below for proposed changes to unit representation: Accounting Technician Supervisor Fire Med Coordinator Legal Secretary (Confidential Employee designation) Paralegal (Confidential Employee designation) Information Systems Analyst I through IV All non-exempt classifications currently designated as Non-Associated employees and other positions as may be necessary to comply with updated FLSA regulation changes: Executive Assistant, Administrative Assistant, Personnel Assistant, Senior Payroll Technician, Payroll Technician, Administrative Secretary NA. 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 2003-2006 MEA MOU 1/24/05 V.3 2 MEA MOU 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 the first full pay period that includes October 1, 2004, as set forth in Exhibit A attached hereto and incorporated herein by this reference. Permanent employees shall be compensated at hourly salary rates by job type and pay grade including a three percent (3%) increase, effective the first full pay period that includes October 1, 2005, 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. 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 vocational and 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 a first come, first served basis for a full refund for tuition, books, parking (if a required fee) and any other required fees upon presentation of receipts. The maximum allocation for the entire bargaining unit shall be fifty thousand dollars ($50,000) in each 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. 2003-2006 MEA MOU 1/24105 v.3 3 MEA MOU 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, at a rate which is at least five and one-half percent (5 112%) above their pay step, but such pay increase shall not be greater than ten percent (10%) not to exceed the top step of the pay range for all hours worked in the higher classification. In the event a non-exempt employee is assigned to act in a classification that is exempt from overtime, the employee shall retain all special pays of their permanent non- exempt classification and shall receive compensation for hours worked over forty (40) hours in the designated FLSA work week on a hour for hour basis. Such pay shall be paid or credited to the employee's compensatory time off balance at the discretion of the Department Head or designee. Acting assignments are not intended to exceed six months unless extraordinary circumstances warrant an extension as recommended and approved by the Human Resources Manager. Under no circumstances shall an acting assignment exceed one year nor shall it be considered a reclassification or a promotion. 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. 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. 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. 2003-2006 MEA MDU 1124105 V.3 4 MEA MOU 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 An employee who is required to perform court standby duty in the performance of their official capacity with the city shall be eligible for Court Standby Time or Court Appearance time. An employee who is required to be on standby for a court appearance during other than their regularly scheduled work hours shall receive a minimum of three (3) hours straight time pay (including differentials in Article VI) for each morning and afternoon court session. In the event an employee is required to appear in court during other than their regularly scheduled work hours, the employee shall receive a minimum of three (3) hours pay at time and one half; provided, however, that if such time overlaps with the employee's regularly scheduled work hours, special pay shall be limited to those hours occurring prior to or after the employee's regularly scheduled work time. A legally served subpoena or the direction of the Department Head shall_ be required to support the payment of Court Standby or Appearance Time. D. Special Certification/Skill Pa 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. The special pay shall be effective the first full pay period following certification as verified to the Department Head in writing by the Human Resources Manager or designee. 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 2003-2006 MEA MOU 1/24105 v.3 5 MEA MOU compensation in the amount of forty-six dollars and fifteen cents ($46.15) bi- weekly. Effective with the first full pay period following ratification of this agreement, all employees receiving Shorthand Skill Pay shall continue to receive this special pay until they promote or transfer out of any clerical occupational series. This special pay shall end with the last full pay period in the former position. 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 Vlq — 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. 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. Effective the first full pay period following ratification of this agreement, the safety shoe allowance shall be increased to two hundred and twenty-five dollars ($225.00). 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 dollars ($800.00) per year, payable in 2003-2006 MEA MOU 1124105 v.3 6 MEA MOU 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 too] 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 WORKIOVERTIME 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. 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 2003-2006 MEA MOU 1124/05 v.3 7 MEA MOU 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) hour work week. The assigned 5/40- work schedule must be in compliance with the requirements of FLSA. b. 9/80 Work Schedule i. Civic Center Employees The 9/80 work schedule, as outlined in Exhibit J, shall be defined for all MEA employees assigned to the Civic Center 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. ii. Non- Civic Center Employees The 9/80 work schedule, as outlined in Exhibit J, shall be defined for all MEA employees not assigned to the Civic Center 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, plus their scheduled lunch break 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 2003-2006 MEA MOU 1/24/05 v.3 8 MEA MOU 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 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. 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 time employee's FLSA regular rate of pay. The employee's supervisor shall determine if employee receive overtime pay or compensatory time. Consideration shall be given to effectuating the request of the employee. A permanent employee who performs authorized work immediately preceding or upon completion of a regular work shift (extension of a workday) shall be compensated as follows- 1. One and one-half (1 Y2) times the employee's regular hourly rate of pay for all hours worked in excess of their regular workday, up to and including thirteen (13) hours in any work day, and 2. Two (2) times the employee's regular hourly rate for all hours worked in excess of thirteen (13) hours in a work day. The employee's supervisor shall determine if employee receives overtime pay or compensatory time. Consideration shall be given to effectuating the request of 2003-2006 MEA MOU 1/24/05 v.3 9 MEA MOU the employee; however, the maximum accrual for compensatory time shall be one hundred forty (140) hours. 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. Each non-exempt employee shall be assigned a designated FLSA work week for the correct calculation of overtime. This designated work week shall not change unless extraordinary circumstances require a change in the employee's regular work schedule due to operational need. A change in the designated FLSA work week shall be recommended by the Department Head and approved by the Human Resources Manager. D. Employee Fatigue A permanent employee who is called back to work following the end of their regularly scheduled work shift and proceeds to work more than five consecutive overtime hours shall then be entitled to an eight (8) hour rest period without compensation, upon completion of the assignment. Regularly scheduled lunch periods are not considered part of this rest period. If the eight hour rest period extends into the employee's next regularly scheduled work shift, the employee shall suffer no loss of pay or accrued leave as a result thereof. As far as is practicable, employees who have earned a rest period shall be relieved at the start of their regular work shift in order to take such rest period. E. 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 r/2 ) 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 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. F. 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. G. Holiday Premium Permanent employees who work on a legal holiday as designated in Article XII.A.2 shall be compensated at the rate of time one and one-half (1 Y2 ) the hourly rate exclusive of any other premiums for all hours worked on said holiday. H. Holiday Pay 2003-2006 MEA MOU 1/24/05 v.3 10 MEA MOU Permanent employees who are required to work their scheduled workday, regardless of whether it is a legal holiday, will have holiday premium reported to PERS as holiday pay. Classification's meeting this definition are: Beach Equipment Operator, Beach Maintenance Crewleader, Crime Scene Investigator, Parking/Camping Crewleader, Parking/Camping headworker, Parking Meter Repair Technician, Parking Meter Repair Worker, Police Records Supervisor, Police Records Technician, Police Records Specialists assigned to the Records Bureau, Police Service Specialists assigned to the Records Bureau and Police Systems Coordinator. 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 and Employee Paid Medical Insurance — Employees and Dependents The City and employee shall pay for health insurance premiums for qualified employees and dependent(s) effective the first of the month following the employee's date of hire. The employee deduction for premium contributions shall be aligned with the effective date of coverage and the ending date of coverage upon employment separation. The payroll deduction amount shall begin no later than the first full pay period following the effective date of coverage and pro-rated for coverage through the end of the month in which employment was separated. 2. Employee Contributions For the term of this agreement, the maximum employee contributions to .health insurance, dental insurance and vision insurance premiums on a bi-weekly basis are as follows in the table below. For the term of this agreement, the City shall pay the remaining cost of the premium for each of the insurance plans listed below: 2003-2006 MEA MOU 1/24/05 v.3 11 MEA MOU u .. ...... Lie's s .7 s Bi-.Weekln:: .__ s I B sI.u.s.e Kaiser D Id Sh"'Ad EE H:9 ow — ZhieId Pbrmardrte Dental Iit'a s "Y Dental It s , VS Option , Option, HMO PP ContribUtion O s, ........... HMO 9OZ1 0: ....... PPO PPO Is' s EE $2.25$0.00 $0.00 $0.00 $0.00 $0-64 $0.23 46.04 1.68 0.00 1.65 3.93 1.08 0.23 mope 90.48 .54 , 2.16 , 6.96 3.86 32 1.66 0.23 Employee payroll deductions shall be made on a pre-tax basis. Effective January 1, 2005, the dental insurance maximum coverage shall increase from one thousand dollars ($1,000.00) per year to two thousand dollars ($2,000.00) per year. 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 entities them. D. Life and Accidental Death and Dismemberment Insurance Effective January 1, 2005 each permanent employee shall be provided with fifty- thousand dollars ($50,000.00) of life insurance and fifty-thousand dollars ($50,000.00) of accidental death and dismemberment insurance coverage paid for by the City. Each employee shall have the option, at his/her own expense, to purchase additional amounts of life insurance and accidental death and dismemberment insurance to the extent provided by the City's current providers. 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 "H"). Such plan shall be modified effective November 21, 1988, to provide benefits as outlined in Plan B of Exhibit "H". 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. 2003-2006 META MOLL 1/24/05 v.3 12 MEA MOU 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 unreimbursed 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 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: 2003-2006 MEA MOU 1/24105 v.3 13 i 8 MEA MOU 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 twelve (12) months premium overpayments. Neither the employee nor the dependent shall be liable to the City other than as provided herein. I. Retiree Medical Coverage for Retirees Not Eligible for the City Medical Retiree Subsidy Plan Employees who retire from the City after January 1, 2004 and are granted a retirement allowance by the California Public Employees Retirement System and are not eligible for the City's Retiree Subsidy Medical Plan may choose to participate in City sponsored medical insurance plans until the first of the month in which they turn age sixty-five (65). The retiree shall pay the full premium for City sponsored medical insurance for themselves and/or qualified dependents without any City subsidy. Employees who retire from the City and receive a retirement allowance from the California Public Employees' Retirement System and are not eligible for the City's Retiree Subsidy Medical Plan and choose not to participate in City sponsored medical insurance upon retirement permanently lose eligibility for this insurance. However, if a retiree who is not eligible for the City's Retiree Subsidy Medical Plan chooses not to participate in city sponsored medical insurance plans because the retiree has access to other group medical insurance, and subsequently loses eligibility for that group medical insurance, the retiree and their qualified dependents will have access to City sponsored medical insurance plans reinstated. Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or qualified dependent turns age sixty-five (65). J. Post-65 Supplemental Medicare Coverage Retirees who are participating in the Retiree Subsidy Medical Plan as of January 1, 2004 and all future retirees who meet the criteria to participate in City sponsored medical insurance, with or without the Retiree Medical Subsidy Plan, may participate in City sponsored medical insurance plans that are supplemental to Medicare, after a contract is in place between the City and a health insurance provider. 2003-2006 MEA MOU 1124105 v.3 14 MEA MOU A retiree or qualified dependent must choose to participate in City sponsored medical insurance plans that are supplemental to Medicare beginning the first of the month in which the retiree or qualified dependent turns age sixty-five (65). The retiree shall pay the full premium to participate in City sponsored medical insurance plans that are supplemental to Medicare for themselves or qualified dependents without any City subsidy. Retirees or qualified dependents, upon turning age sixty-five (65), who choose not to participate in City sponsored medical insurance plans that are supplemental to Medicare permanently lose eligibility for this insurance). K. Health Savings Account for Post Retirement Medical Insurance (Vantage Care The City shall implement a health savings account plan, Vantage Care, during the term of the agreement, for the purpose of allowing the opportunity for employees to voluntarily fund post medical retirement health premiums. 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 have received for his or her life alone. This payment shall be made only to the retiree and 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(1/2) 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 Any permanent employee who contributes one dollar ($1.00) or more per pay period to his or her deferred compensation account shall receive an employer contribution to the employee's deferred compensation account in the amount of five dollars and fifty cents ($5.50) per pay period. 2003-2006 MEA MOU 1124/05 v.3 15 MEA MOU 3. Medical Insurance for Retirees a_ Upon retirement, whether service or disability, each permanent employee shall have the following options in regards to medical insurance under City sponsored plans: 1) With no change in benefits, retirees can stay in any of the plans offered by the City, at the retiree's own expense, for the maximum time period required by Federal Law (COBRA), or 2) Retirees retiring after approval of this MOU may participate in the Retiree Medical Plan, attached hereto as Exhibit I, as amended, or the Health Maintenance Organization (HMO) plan currently being offered to retirees, based upon the eligibility requirements described in Exhibit I. 3) The value of any unused earned leave benefits may be transferred to deferred compensation at retirement, but only during the time that the employee is actively employed with the City. The latest opportunity for such transfer must be the pay period prior to the employee's last day of employment- 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 as 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. 2003-2006 MEA MOU 1/24/05 v.3 16 s MEA MOU 5. Financial Study of Enhanced Retirement Benefits The City agrees to complete and provide to the Association a financial study of enhanced retirement benefits by May 15, 2005. This study shall include all current and proposed retirement programs including supplemental retirement and the retiree medical subsidy. It is the intention of the parties to consider this information for meeting and conferring on or before June 15, 2005. ARTICLE XII — LEAVE BENEFITS A. Leave With Pay 1. General Leave a) Accrual Employees accrue leave at the accrual rates outlined below. General leave may be used for any purpose, including vacation, sick leave, and personal leave. Years of Service General Leave Allowance First through Fourth Year 176 Hours Fifth through Ninth Year 200 Hours Tenth through Fourteenth Year 224 Hours Fifteenth Year and Thereafter 256 Hours 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. 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 forty hours (640). Employees may not use their general leave to advance their separation date on retirement or other separation from employment. c) Conversion to Cash — Effective the beginning of fiscal year 2004/2005, two times during each fiscal year, each permanent employee shall have the option to convert into a cash payment or deferred compensation up to a total of one hundred-twenty (120) hours of accrued general leave benefits per fiscal year. The value of each hour of conversion is the employee's current base hourly rate, as reflected in Exhibit A. The employee shall give payroll two (2) weeks advance notice of their decision to exercise such option. 2003-2006 MEA MOU 1/24/05 v.3 17 MEA MOU d) 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 (5) consecutive work days) paid vacation each calendar year: Office of the City Treasurer - Accounting Technician l; Accounting Technician II; Senior Accounting Technician; Supervisor Accounting Technician; Field Service Representative: Administrative Services Department - Senior Accountant (responsible for bank reconciliation). 2. City Recognized Holidays A. Permanent full-time employees represented by the Association shall receive the following legal holidays as of the first pay period following ratification of this agreement paid in full per the employee's regularly scheduled work shift: 1. New Year's Day 2. Martin Luther King Day (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. The Friday after Thanksgiving 10.Christmas Day (December 25) B. 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. C. Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. D. Holiday Paid Time Off A permanent full-time employee shall have the holiday paid as time off with pay for the shift they are assigned. A permanent half-time (1/2) or three quarter-time (3/4) employee shall have the holiday paid as time off with a pro-rated amount of four(4) or six (6) hours, respectively. 2003-2006 MEA MOU 1/24/05 V.3 18 MEA MOU E. Holiday Straight Time Pay In the event an employee is assigned to work on the day of the holiday recognized by the City, whether it is or is not the employee's regularly scheduled work day the employee shall have the holiday paid at the straight time rate unless FLSA overtime provisions apply. F. Holiday Premium Pay Permanent employees who work on a legal holiday as listed in Article XII.A.2 shall be compensated at the rate of time one and one-half (1 Y2 ) the hourly rate exclusive of any other premiums. Holiday Premium Pay shall be compensated for work performed on the day of the actual holiday as opposed to the day the holiday is recognized by the City in Article XII. Holiday premium pay shall be paid for all hours worked on the actual day the holiday falls rather than the day the City recognizes the holiday. G. PERS Reporting of Premium Holiday Pay Permanent employees who are required to work on a legal holiday recognized by the City, as a part of their regular work schedule, shall have their holiday premium pay reported to PERS as holiday pay. Classifications eligible for this PERS reporting are: Beach Equipment Operator, Beach Maintenance Crewleader, Crime Scene Investigator,Parking/Camping Crewleader, Parking/Camping Leadworker, Parking Meter Repair Technician, Parking Meter Repair Worker, Police Records Supervisor, Police Records Technician, Police Records Specialists assigned to the Records Bureau, Police Service Specialists assigned to the Records Bureau and Police Systems Coordinator. 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. c) Usage Employees may use accrued sick leave for the same purposes for which it was used prior to March 30, 2002. 2003-2006 MEA MOU 1/24/05 v.3 19 3 MEA MOU d) 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 four hundred and eighty (480) hours through seven hundred and twenty (720) hours, and for fifty percent (50%) of all unused, earned sick leave in excess of seven hundred and twenty (720) hours. e) 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, stepgrandfather, 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 800 hours per year shall be established for the purpose of allowing duly authorized representatives of the Association to conduct lawful Association activities. The parties agree to meet and confer during the term of the agreement to establish guidelines for use of Association Business time. 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. Leave Benefits Entitlement The City shall comply with all State and Federal leave benefit entitlement laws. An eligible employee on an approved leave shall be allowed to use earned Sick Leave, General Leave, and/or Compensatory Time Off for serious and non-serious family or personal health issues. For more information on employee leave options, contact the Human Resources Division. 2003-2006 MEA MOU 1/24/05 v.3 20 MEA MOU ARTICLE XIII — CITY RULES A. Personnel Rules All MOU provisions that supersede the City's Personnel Rules shall automatically update the City's Personnel Rules and be incorporated into such rules. 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 Scares 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 ten (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. 2003-2006 MEA MOU 1/24105 v.3 21 MEA MOU C. Labor-Management Relations Committee The City and MEA will institute a Labor-Management Relations Committee as follows: 1. The Association and the City 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 City 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 City agrees that any meeting conducted under this article shall be conducted in facilities furnished by the City, 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. 2003-2006 MEA MOU 1124/05 v.3 22 MEA MOU 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. F. Class A and B Driver License Fees The City shall reimburse employees 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 fifty 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. 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. K. Voluntary Catastrophic Leave Donation Program Guidelines The City and Association agree to meet and confer during the term of the agreement to develop and implement Voluntary Catastrophic Leave Donation Program Guidelines. L. Department of Transportation DOT Random Alcohol and Controlled Substance Testing During the term of the agreement, the City and the Association agree to meet and confer to update the policy in accordance with law. M. Update Employee-Employer Relations Resolution (EERR) During the term of the agreement, the City and the Association agree to meet and confer to update the Employee-Employer Relations Resolution to reflect current State law. 2003-2006 MEA MOU 1124105 v.3 23 MEA MOU N. Re uired Fingerprinting of Employees who Work with Senior Citizens The City requires all employees who are hired, transferred, or promoted to positions with oversight responsibilities for senior citizens be fingerprinted with the California Department of Justice (DOJ). 2003-2006 MEA MOU 1124/05 v.3 24 I. MEA MOU ARTICLE XV— CITY COUNCIL APPROVAL It is the intent of the City and Association that this Memorandum of Understanding represents an "Agreement" between the undersigned within the meaning of Section 8-2 of the Huntington Beach Employer-Employee Relations Resolution; however, this Memorandum of Understanding is of no force or effect whatsoever unless adopted by resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this 7th day of February, 2005. Huntington Beach City of Huntington Beach MuniF/" 4 ployees' Ass is ion By: �u:P��l By:Penny ulbreth-Graft, DP ,Cit ministr or esident By: By: Ir YoussefkA L1.1 illlam Davis Hum Resources Manager Chief Negotiator By: By: Chuck Thomas Robert M. Hidusky Administrative Services Di ctor HBMEA Vice President �&� e By: By: oe Renee Mayne Gail Ballone Chief Negotiator HBMEA Bargaining Committee Darrin Kossky HBME argaining ittee Terry Ti tle HBME Bargaining Committee APPROVED AS TO FORM: By. "114- Jennifer M. McGrath illiam Appl6g6e City Attorney HBMEA Bargaining Committee 2003-2006 MEA MOU 25 MEA LIST OF MOU EXHIBITS �XHIBfTS S�U�JEGTm... 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 Subsid Program J 9180 Work Schedule K 4/10 Work Schedule MEA MOU 1-23-05.v.2 26 EXHIBIT A-CLASS/SALARY SCHEDULE Effective September 25, 2004 1-1 IN I Will 111 Accountant 480 23.90 25.21 26,60 28.06 29.60 286 Accounting Technician 1 407 16.61 17.52 18.48 19.50 20.57 287 Accounting Technician If 426 18.25 1925 20.31 21.43 22.61 294 Accounting Technician Su ervsr 455 21.10 22.26 23.48 24.77 26.13 445 Admin Environmental Specialist 511 27.89 29.42 31.04 32.75 34.55 428 Administrative Aide 476 23.41 24.70 26.06 27.49 29.00 289 Administrative Secretary MEA 419 17.63 18.60 19.62 20.70 21.84 254 Aiarm Services Coordinator 453 20.88 22.03 23.24 24.52 25.87 297 Art Programs Curator 453 20.88 22.03 23.24 24.52 25.87 296 Arts Education Coordinator 426 18.25 19.25 20.31 21.43 22.61 108 Assistant Planner 485 24.50 25.85 27.27 28.77 30.36 267 Assistant Social Worker 412 17.00 17.94 18.93 19.97 21.07 358 Beach Equip Operator 438 19.38 20.45 21.57 22.76 24.01 149 Beach Maint Crewleader 490 25.10 26.48 27.94 1 29.48 31.10 452 Beach Maint Service Worker 421 17.81 18.79 19.82 20.91 22.06 210 Building Inspector 1 464 22.06 23.27 24.55 25.90 27.32 211 Building Inspector II 484 24.39 25.73 27.14 28.63 30.20 208 Building Inspector 111 504 26.93 28A1 29.97 31.62 33.36 176 Building Plan Checker 502 26.65 28.12 29.67 31.30 33.02 112 Buyer 477 23.53 24.82 26.19 27.63 29.15 340 Carpenter 456 21.19 22.36 23.59 24.89 26.26 106 Civil Engineering Assistant 511 27.89 29.42 31.04 32.75 34.55 162 Civilian Check Investigator 431 18.70 19.73 20.82 21.96 23.17 186 Code Enforcement Officer 1 432 18.81 19.84 20.93 22.08 23.29 182 Code Enforcement Officer II 474 23.18 24.45 25.80 27.22 28.72 335 Communications Technician 464 22.06 23.27 24.55 25.90 27.32 263 Community Relations Specialist 442 19.76 20.85 22.00 23.21 24.49 252 Community Srvcs Rec Coord 463 21.94 23.15 24.42 25.76 27,18 258 Community Srvcs Rec Su v 486 24.62 25.97 27.40 28.91 30.50 194 Computer Assistant, Library 418 17.55 18.51 19.53 20.60 21.73 179 Computer Drafting Technician 495 25.75 27.17 28.66 30.24 31.90 193 Com uter Operator 409 16.77 17.69 18.66 19.69 20.77 345 Concrete Finisher 448 20.36 21.48 1 22.66 23.91 25.22 172 Construction Ins ction Trainee 464 22.06 23.27 24.55 25.90 27.32 463 Construction Inspector 484 24.39 25.73 27.14 28.63 3020 312 Court Liaison Specialist 419 17.63 1 18.60 19.62 20.70 21.84 165 Crime Analyst Senior 507 27.34 28.84 30.43 32.10 33.87 255 Crime Scene Investigator 464 22.06 23.27 24.55 25.90 27.32 MEA MOU 1-23-05.v.2 27 c gm -�� W- -M ; 119 Criminalist 486 24.62 25.97 27.40 28.91 30.50 192 Cross Connection Control Spec 474 23.18 24.45 25.80 27.22 28.72 462 Crossing Guard Coordinator 442 19.76 20.85 22.00 23.21 24.49 299 Cultural Services Aide 453 20.88 22.03 23.24 24.52 25.87 400 Custodian 400 16.04 16.92 17.85 18.83 19.87 284 Customer Service Rep 407 16.61 17.52 18.48 19.50 20.57 134 Deputy City Clerk 399 15.95 16.83 17.76 18.74 19.77 138 Development Specialist 486 24.62 25.97 27.40 28.91 30.50 456 Distribution Services Clerk 396 15.72 16.58 17.49 18.45 19.47 375 Electrical Leadworker 473 23.07 24.34 25.68 1 27.09 28.58 339 Electrician 471 22.83 24.09 25.42 26.82 28.30 232 Emergency Medical Srvcs Coord 556 34.90 36.82 38.85 40.99 43.24 198 Emergency Services Coordinator 526 30.06 31.71 33.45 35.29 37.23 175 Engineering Aide 442 19.76 20.85 22.00 23.21 24.49 180 Engineering Technician 495 25.75 27.17 28.66 30.24 31.90 472 Equip Auto Maint Leadworker 477 23.53 24.82 26.19 27.63 29.15 382 Equip Services Crewleader 496 25.89 27.31 28.81 30.39 32A6 142 E ui (Auto Maint Crewleader 496 25.89 27.31 28.81 30.39 32.06 383 Equipment Support Assistant 427 18.35 19.36 20.42 21.54 22.72 143 Facilities Maint Crewleader 495 25.75 27.17 28.66 30.24 31.90 407 Facilities Maint Leadworker 445 20.06 21.16 22.32 23.55 24.85 391 Facilities Maintenance Tech 429 18.52 19.54 20.61 21.74 22.94 398 Field Service Representative 435 19.09 20.14 21.25 22.42 23.65 260 Fire Safety Program Specialist 456 21.19 22.36 23.59 24.89 26.26 173 Fire Training Maintenance Tech 463 21.94 23.15 24.42 25.76 27.18 204 Fire Training Media Specialist 460 21.62 22.81 24.06 25.38 26.78 470 Forensic Sy stems Specialist 452 20.78 21.92 23.13 24.40 25.74 178 GIS Analyst 505 27.06 28.55 30.12 31.78 33.53 352 Grader Equip Operator 454 20.99 22.14 1 23.36 24.64 26.00 187 Graphics Admin Specialist 432 18.81 19.84 20.93 22.08 23.29 390 Groundsworker 395 15.63 16.49 17.40 18.36 19.37 190 Haz Mat Program Specialist 502 26.65 28.12 29.67 31.30 33.02 337 Helicopter Maintenance Tech 460 21.62 22.81 24.06 25.38 26.78 139 Housing Development Specialist 485 24.50 25.85 27.27 28.77 30.35 113 Human Services Program Su v 486 24.62 25.97 27.40 28.91 30.50 115 Info Systems Analyst 1 495 25.75 27.17 28.66 30.24 31.90 505 Info System s Analyst Il 511 27.89 29.42 31.04 32.75 34.55 117 Info System s Anal st I1l 524 29.75 31.39 33.12 34.94 36.86 118 Info Systems Analyst IV 543 32.72 34.52 36.42 38.42 40.53 212 Info Systems Specialist 1 433 18.89 19.93 21.03 22.19 23.41 213 Info Systems Specialist lI 452 20.78 21.92 23.13 24.40 25.74 313 Info Systems Specialist 1I1 1 481 1 24.02 1 25.34 26.73 28.20 29.75 28 2003-2006 MEA MOU 1/24105 v.3 495 Info Systems Technician 1 409 16.77 17.69 18.66 19.69 20.77 494 Info Systems Technician II 433 18.89 19.93 21.03 22.19 23.41 493 Info Systems Technician 111 456 21.19 22.36 23.59 24.89 26.26 492 Info Systems Technician IV 476 23.41 24.70 26.06 27.49 29.00 491 Info Systems Technician Senior 490 25.10 26.48 27.94 29.48 31.10 155 Irrigation Crewleader 490 25.10 26.48 27.94 29.48 31.10 357 Irrigation Specialist 432 18.81 19.84 20.93 22.08 2329 359 LandSca e Equip Operator 438 19.38 20.45 21.57 22.76 24.01 145 Landscape Maint Crewleader 490 25.10 26.48 27.94 29.48 31.10 402 Landscape Maint Leadworker 454 20.99 22.14 23.36 24.64 26.00 163 Latent Fingerprint Examiner 478 23.65 24.95 26.32 27.77 29.30 164 Latent Fingerprint ExamTrainee 440 19.57 20.65 21.79 22.99 24.25 300 Legal Secretary 425 18.17 19.17 20.22 21.33 22.50 114 Librarian 458 21.41 22.59 23.83 25.14 26.52 311 Library Clerk 366 13.53 14.27 15.06 15.89 16.76 305 Library Clerk Specialist T 366 13.53 14.27 15.06 15.89 16.76 432 Library Facilities Coordinator 437 19.28 20.34 21.46 22.64 23.89 310 Library Processing Clerk 386 14.95 15.77 16.64 17.56 18.53 451 Library Services Clerk 386 14.95 15.77 16.64 17.56 18.53 257 Library Specialist 421 17.81 18.79 19.82 20.91 22.06 302 Literary Program Specialist 458 21.41 22.59 23.83 25.14 26.52 303 Mail Services Clerk 366 13.53 14.27 15.06 15.89 16.76 392 Maint Service Worker 421 17.81 18.79 19.82 20.91 22.06 394 Maintenance Worker 395 15.63 16.49 17.40 18.36 19.37 448 Marine Equipment Mechanic 475 23.30 24.58 25.93 27.36 28.86 344 Masonry Worker 456 21.19 22.36 23.59 24.89 26.26 384 Mechanic 1 428 18.43 19.44 20.51 21.64 22.83 348 Mechanic II 449 20.46 21.59 22.78 24.03 25.35 347 Mechanic 111 461 21.73 22.92 24.18 25.51 26.91 206 Media Production Coordinator 448 20.36 21.48 22.66 23.91 25.22 380 Media Services Specialist. 421 17.81 18.79 19.82 20.91 22.06 285 Medical Claims Examiner 401 16.11 17.00 17.94 18.93 19.97 306 Office Assistant 1 353 12.68 13.38 14.12 14.90 15.72 304 Office Assistant Il 390 15.25 16.09 16.98 17.91 18.89 290 Office Specialist 401 16.11 17.00 17.94 18.93 19.97 341 Painter 456 21.19 22.36 23.59 24.89 26.26 378 Painter Leadworker 458 21.41 22.59 23.83 25.14 26.52 485 Paralegal 476 23.41 24.70 26.06 27.49 29.00 153 Park Maintenance Crewleader 495 25.75 27.17 28.66 30.24 31.90 264 Park Naturalist 486 24.62 25.97 27.40 28.91 30.50 401 Parkin &Camping Leadworker 454 20.99 22.14 23.36 24.64 26.00 177 lParking Meter Repair Tech 449 20.46 21.59 22.78 24.03 25.35 29 2003-2006 MEA MOt1 1/24/05 v.3 I�"11�7-4- ON A-4 W, -M M- M! 11 -1 Mid 395 Parking Meter Repair Worker 433 18.89 19.93 21.03 22.19 23.41 459 Parking/Camping Parking/Camping Crewleader 490 25.10 26.48 27.94 29.48 31.10 455 Parking/Traffic Control Coord 442 19.76 20.85 22.00 23.21 24.49 262 Parkin (Traffic Control Officr 395 15.63 16.49 17.40 18.36 19.37 295 Permit Technician 412 17.00 17.94 18.93 19.97 21.07 154 Pest Contrl Advisor Crewleader 490 25.10 26.48 27.94 29.48 31.10 367 Pest Control Specialist 432 18.81 19.84 20.93 22.08 23.29 136 Planning Aide 442 19.76 20.85 22.00 23.21 24.49 342 Plumber 466 22.28 23.51 24.80 26.16 27.60 197 Police Photo/Imaging Photo/Imaging Specialst 463 21.94 23.15 24.42 25.76 27.18 307 Police Records Specialist 401 16.11 17.00 17.94 18.93 19.97 283 Police Records Supervisor 432 18.81 19.84 20.93 22.08 23.29 282 Police Records Technician 381 14.60 15.40 16.25 17.14 18.08 308 Police Services Specialist 421 17.81 18.79 19.82 20.91 22.06 215 Police Systems Coordinator 452 20.78 21.92 23.13 24.40 25.74 298 Pre arator 415 17.27 18.22 19.22 20.28 21.40 399 Printing Services Technician 406 16.52 17.43 18.39 19.40 20.47 259 Property Officer 440 19.57 20.65 21.79 22.99 24,25 205 Public Information Specialist 476 23.41 24.70 26.06 27.49 29.00 207 Public Works Plan Checker 506 27.19 28.69 30.27 31.94 33.70 110 Senior Accountant 508 27.49 29.00 30.59 32.27 34.04 288 Senior Accounting Technician 445 20.06 21.16 22.32 23.55 24.85 434 Senior Code Enforcement Ofcr 494 25.62 27.03 28.52 30.09 31.74 171 Senior Contruction Inspector 504 26.93 28.41 29.97 31.62 33.36 120 Senior Criminalist 526 30.06 31.71 33.45 35.29 37.23 135 Senior Deputy City Clerk 448 20.36 21.48 22.66 23.91 25.22 343 Senior Facilities Maint Tech 461 21.73 22.92 24.18 25.51 26.91 334 Senior Helicopter Maint Tech 511 27.89 29.42 31.04 32.75 34.55 188 Senior Inspector Water Constr 495 25.75 27.17 28.66 30.24 31.90 309 Senior Library Services Clerk 405 16.45 17.35 18.30 19.31 20.37 450 Senior Library Specialist 439 19.48 20.55 21.68 22.87 24.13 363 Senior Marine Equip Mechanic 496 25.89 27.31 28.81 30.39 32.06 437 Senior Permit Technician 461 21.73 22.92 24.18 25.51 26.91 168 Senior Printing Services Tech 443 19.87 20.96 22.11 23.33 24.61 265 Senior Services Assistant 340 11.88 12.53 13.22 13.95 14.72 481 Senior Services Transp Coord 434 19.00 20.04 21.14 22.30 23.53 350 Senior Vehicle Body Technician 449 20.46 21.59 22.78 24.03 25.35 349 Senior Wastewtr Pump Mechanic 438 19.38 20.45 21.57 22.76 24.01 396 Senior Water Meter Reader 431 18.72 19.75 20.83 21.97 23.18 436 Senior Workers'Comp Examiner 483 24.26 25.59 27.00 28.48 30.05 148 Signs & Markings Crewleader 495 25.75 27.17 28.66 30.24 31.90 338 Signs Leadworker 458 21.41 22.59 23.83 25.14 26.52 30 2003-2006 MEA MOU 1/24105 v.3 m a m . x 354 Signs/Markings Equip Operator 438 19.38 20.45 21.57 22.76 24.01 266 Social Worker 453 20 888 22.03 23.24 24.62 25.87 386 Stock Clerk 395 15.63 16.49 17.40 18.36 19.37 361 Street Equip Operator 438 1938 20.45 21.57 22.76 24.01 150 Street Maint Crewleader 490 25.10 26.48 27.94 29.48 31.10 406 Street Maint Leadworker 464 22.06 23.27 24.55 25.90 27.32 478 Street Services Leadworker 464 22.06 23.27 24.55 25.90 27.32 183 Survey Party Chief 514 28.30 29.86 31.50 33.23 35.06 174 Survey Technician 1 442 19.76 20.85 22.00 23.21 24.49 185 Survey Technician it 458 21.41 22.59 1 23.83 25.14 26.52 195 Telecommunications Specialist 515 28.45 30.01 31.66 33.40 3524 346 Telemetry Instrument Tech 466 22.28 23.51 24.80 26.16 27.60 203 Television Producer/Director 476 23.41 24.70 26.06 27.49 29.00 433 Theater/Media Technician 421 17.81 18.79 19.82 20.91 22.06 388 Tire Service Worker T 422 17.89 18.87 19.91 21.01 22.17 140 Traff Signal/Light Crewleader 495 25.75 27.17 28.66 30.24 31.90 181 Traffic Engineering Technician 495 25.75 27.17 28.66 30.24 31.90 389 Traffic Maint Service Worker 421 17.81 18.79 19.82 20.91 22.06 410 Traffic Markings Leadworker 454 20.99 22.14 23.36 24.64 26.00 336 Traffic Signals Electrician 474 23.18 24.45 25.80 27.22 28.72 374 Traffic/Signal/Light Leadworkr 479 23.76 25.07 26.45 27.91 29.45 365 Tree Equipment Operator 438 19.38 20.45 1 21.57 22.76 24.01 460 Trees Maint Leadworker 454 20.99 22.14 23.36 24.64 26.00 144 Trees Maintenance Crewleader 490 25.10 26.48 27.94 29.48 31.10 372 Vehicle Body Repair Crewleader 477 23.53 24.82 26.19 27.63 29.15 351 Vehicle Body Technician 396 15.72 16.58 17.49 18.45 19.47 137 Video Engineer Supervisor 503 26.80 28.27 29.82 31.46 33.19 268 Volunteer Services Coordinator 434 19.00 20.04 21.14 22.30 23.53 385 Warehousekee er 442 19.76 20.85 22.00 23.21 24.49 362 Wastewater Equip Operator 438 19.38 20.45 21.57 22.76 24.01 454 Wastewater Maint Service Workr 421 17.81 18.79 19.82 20.91 22.06 146 Wastewater O s Crewleader 490 25.10 26.48 27.94 29.48 31.10 404 Wastewater Ops Leadworker 454 20.99 22.14 23.36 24.64 26.00 387 Wastewater Pump Mechanic 433 18.89 19.93 21.03 22.19 23.41 189 Water Construction Inspector 475 23.30 24.58 25.93 27.36 28.86 151 Water Dist Maint Crewleader 490 25.10 26.48 27.94 29.48 31.10 379 Water Dist Maint Leadworker 470 22.73 23.98 25.30 26.69 28.16 147 Water Dist Meters Crewleader 490 25.10 26.48 27.94 29.48 31.10 377 Water Dist Meters Leadworker 454 20.99 22.14 23.36 24.64 26.00 364 Water Equip Operator 454 20.99 22.14 23.36 24.64 26.00 397 Water Meter Reader 415 17.27 18.22 19.22 20.28 21.40 356 Water Meter Repair Technician 437 19.28 20.34 21.46 22.64 23.89 31 2003-2006 MEA MOU 1124/05 v.3 ---ma X 152 Water Operations Crewleader 490 25.10 26.48 27.94 29.48 31.10 371 Water Operations Leadworker 476 23.41 24.70 26.06 27.49 29.00 156 Water Quality Coordinator 490 25.10 26.48 27.94 29.48 31.10 191 Water Quality Technician 464 22.06 23.27 24.55 25.90 27.32 461 Water Service Worker 427 18.35 19.36 20.42 21.54 22.72 368 Water Systems Technician 1 427 18.35 19.36 20.42 21.54 22.72 369 Water Systems Technician II 440 19.57 20.65 21.79 22.99 24.25 370 Water Systems Technician III 460 21.62 22.81 24.06 25.38 26.78 449 Water Utility Locator 464 22.06 23.27 24.55 25.90 27.32 202 Workers Comp Claims Examiner 401 16.11 17.00 17.94 18.93 19.97 32 2003-2006 MEA MOU 1/24/05 v.3 EXHIBIT A- CLASS/SALARY SCHEDULE (Continued) EFFECTIVE SEPTEMBER 24, 2005 m 111 Accountant 486 24.62 25.97 27.40 28.91 30.50 286 Accounting Technician 1 413 17.10 18.04 19.03 20.08 21.18 287 Accounting Technician 11 432 18.81 19.84 20.93 22.08 23.29 294 Accounting Technician Supervsr 461 21.73 22.92 24.18 25.51 26.91 445 Admin Environmental Specialist 517 28.73 30.31 31.98 33.74 35.60 428 Administrative Aide 482 24.13 25.46 26.86 28.34 29.90 289 Administrative Secretary MEA 425 18.17 19.17 20.22 21.33 22.50 264 Alarm Services Coordinator 459 21.51 22.69 23.94 25.26 26.65 297 Art Programs Curator 459 21.51 22.69 23.94 25.26 26.65 296 Arts Education Coordinator 432 18.81 19.84 20.93 22.08 23.29 108 Assistant Planner 491 25.24 26.63 28.09 29.63 31.26 267 Assistant Social Worker 418 17.55 18.51 19.53 20.60 21.73 358 Beach Equip Operator 444 19.96 21.06 22.22 23.44 24.73 149 Beach Maint Crewleader 496 25.89 27.31 28.81 30.39 32.06 452 Beach Maint Service Worker 427 18.35 19.36 20.42 21.54 22.72 210 Building Inspector 1 470 22.73 23.98 25.30 26.69 28.16 211 Building Inspector II 490 25.10 26.48 27.94 29.48 31.10 208 Building Inspector III 510 27.75 29.28 30.89 32.59 34.38 176 Building Plan Checker 568 27A9 29.00 30.59 32.27 34.04 112 Buyer 483 24.26 25.59 27.00 28.48 30.05 340 Carpenter 462 21.82 23.02 24.29 25.63 27.04 106 Civil Engineering Assistant 517 28.73 30.31 31.98 33.74 35.60 162 Civilian Check Investigator 437 19.28 20.34 21.46 22.64 23.89 186 Code Enforcement Officer 1 438 19.38 20.45 21.57 22.76 24.01 182 Code Enforcement Officer II 480 23.90 25.21 26.60 28.06 29.60 335 Communications Technician 470 22.73 23.98 25.30 26.69 28.16 263 Community Relations Specialist 448 20.36 21.48 22.66 23.91 25.22 252 Community Srvcs Rec Coord 469 22.63 23.87 25.18 26.56 28.02 258 Community Srvcs Rec Supv 492 25.36 26.76 28.23 29.78 31.42 194 Computer Assistant, Library 424 18.07 19.06 20.11 2122 22.39 179 Computer Drafting Technician 501 26.53 27.99 29.53 31.15 32.86 193 Computer Operator 415 17.27 18.22 19.22 20.28 21.40 345 Concrete Finisher 454 20.99 22.14 23.36 24.64 26.00 172 Construction Inspcton Trainee 470 22.73 23.98 25.30 26.69 28.16 463 Construction Inspector 490 25.10 26.48 27.94 29.48 31.10 312 Court Liaison Specialist 425 18.17 19.17 20.22 21.33 22.60 165 Crime Analyst Senior 513 28.17 29.72 31.35 33.07 34.89 255 Crime Scene Investigator 470 22.73 23.98 25.30 26.69 28.16 33 2003-2006 MEA MOU 1/24/05 v.3 In-'-M- 1- M 119 Criminalist 492 25.36 26.76 28.23 29.78 31.42 192 Cross Connection Control Spec 480 23.90 25.21 26.60 28.06 29.60 462 Crossing Guard Coordinator 448 20.36 21.48 22.66 23.91 25.22 299 Cultural Services Aide 459 21.51 22.69 23.94 25.26 26.65 400 Custodian 406 16.52 17.43 18.39 19.40 20.47 284 Customer Service Rep 413 17.10 18.04 19.03 20.08 21.18 134 Deputy City Clerk 405 16.45 17.35 18.30 19.31 20.37 138 Development Specialist 492 25.36 26.76 28.23 29.78 31.42 456 Distribution Services Clerk 402 16.20 17.09 18.03 19.02 20.07 375 Electrical Leadworker 479 23.76 25.07 26.45 27.91 29.45 339 Electrician 477 23.53 24.82 26.19 27.63 29.15 232 Emergency Medical Srvcs Coord 562 35.97 37.95 40.04 42.24 44.56 198 Emergency Services Coordinator 532 30.97 32.67 34.47 36.37 38.37 175 Engineering Aide 448 20.36 21.48 22.66 23.91 25.22 180 Engineering Technician 501 26.53 27.99 29.53 31.15 32.86 472 Equip Auto Maint Leadworker 483 24.26 25.59 27.00 28,48 30.05 382 Equip Services Crewleader 502 26.65 28.12 29.67 31.30 33.02 142 Equip/Auto Maint Crewleader 502 26.65 28.12 29.67 31.30 33.02 383 Equipment Support Assistant 433 18.89 19.93 21.03 22.19 23.41 143 Facilities Maint Crewleader 501 26.53 27.99 29.53 31.15 32.86 407 Facilities Maint Leadworker 451 20.66 21.80 23.00 24.27 25.61 391 Facilities Maintenance Tech 435 19.09 20A4 21.25 22.42 23.65 398 Field Service Representative 441 19.68 20.76 21.90 23.10 24.37 260 Fire Safety Program Specialist 462 21.82 23.02 24.29 25.63 27.04 173 Fire Training Maintenance Tech 469 22.63 23.87 25.18 26.56 28.02 204 Fire Training Media Specialist 466 22.28 23.51 24.80 26.16 27.60 470 Forensic Systems Specialist 458 21.41 22.59 23.83 25.14 26.52 178 GIS Analyst 511 27.89 29A2 31.04 32.75 34.55 352 Grader Equip Operator 460 21.62 22.81 24.06 25.38 26.78 187 Graphics Admin Specialist 438 19.38 20.45 21.57 22.76 24.01 390 Groundsworker 401 16.11 17.00 17.94 18.93 19.97 190 Haz Mat Program Specialist 508 27.49 29.00 30.59 3227 34.04 337 Helicopter Maintenance Tech 466 22.28 23.51 24.80 26.16 27.60 139 Housing Development Specialist 491 26.24 26.63 28.09 29.63 31.26 113 Human Services Program Supv 492 25.36 26.76 28.23 29.78 31.42 115 Info Systems Analyst 1 501 26.53 27.99 29.53 31.15 32.86 505 Info Systems Analyst II 517 28.73 30.31 31.98 33.74 35.60 117 Info Systems Analyst 111 530 30.66 32.35 34.13 36.01 37.99 118 Info Systems Analyst IV 549 33,71 35.56 37.52 39.58 41.76 212 Info Systems Specialist 1 439 19.48 20.55 21.68 22.87 24.13 213 Info Systems Specialist II 458 21.41 22.59 23.83 25.14 26.52 313 Info Systems Specialist III 487 1 24,741 26.10 27.54 29.05 30.65 34 2003-2006 MEA MOU 1/24/05 v.3 �=NOW - ` 495 Info Systems Technician 1 415 17.27 18.22 19.22 20.28 21.40 494 Info Systems Technician II 439 19.48 20.55 21.68 22.87 24.13 493 Info Systems Technician III 462 21.82 23.02 24.29 25.63 27.04 492 Info Systems Technician IV 482 24.13 25.46 26.86 28.34 29.90 491 Info Systems Technician Senior 496 25.89 27.31 28.81 30.39 32.06 155 Irrigation Crewleader 496 25.89 27.31 28.81 30.39 32.06 357 Irrigation Specialist 438 19.38 20.45 21.57 22.76 24.01 359 Landscape Equip Operator 444 19.96 21.06 22.22 23.44 24.73 145 Landscape Maint Crewleader 496 25.89 27.31 28.81 30.39 32.06 402 Landscape Maint Leadworker 460 21.62 22.81 24.06 25.38 26.78 163 Latent Fingerprint Examiner 484 24.39 25-73 27.14 28.63 30.20 164 Latent Fingerprint ExamTrainee 446 20.16 21.27 22.44 23.67 24.97 300 Legal Secretary 431 18.70 19.73 20.82 21.96 23.17 114 Librarian 464 22.06 23.27 24.55 25.90 27.32 311 Library Clerk 372 13.94 14.71 15.52 16.37 17.27 305 Library Clerk Specialist(T) 372 13.94 14.71 15.52 16.37 17.27 432 Library Facilities Coordinator 443 19.87 20.96 22.11 23.33 24.61 310 Library Processing Clerk 392 15.40 16.25 17.14 18.08 19.07 451 Library Services Clerk 392 15.40 16.25 17.14 18.08 19-07 257 Library Specialist 427 18.35 19.36 20.42 21.54 22.72 302 Literary Program Specialist 464 22.06 23.27 24.55 25.90 27.32 303 Mail Services Clerk 372 13.94 14.71 15.52 16.37 17.27 392 Maint Service Worker 427 18.35 19.36 20.42 21.54 22.72 394 Maintenance Worker 401 16.11 17.00 17.94 18.93 19.97 448 Marine Equipment Mechanic 481 24.02 25.34 26.73 28.20 29.75 344 Masonry Worker 462 21.82 23.02 24.29 25.63 27.04 384 Mechanic l 434 19.00 20.04 21.14 22.30 23.53 348 Mechanic II 455 21.10 22.26 23.48 24.77 26.13 347 Mechanic III 467 22.39 23.62 24.92 26.29 27.74 206 Media Production Coordinator 454 20.99 22.14 23.36 24.64 26.00 380 Media Services Specialist 427 18.35 19.36 20.42 21.54 22.72 285 Medical Claims Examiner 407 16.61 17.52 18.48 19.50 20.57 306 Office Assistant 1 359 13.08 13.80 14.56 15.36 16.20 304 Office Assistant II 396 15.72 16.58 17.49 18A5 19.47 290 Office Specialist 407 16.61 17.52 18.48 19.50 20.57 341 Painter 462 21.82 23.02 24.29 25.63 27.04 378 Painter Leadworker 464 22.06 23.27 24.55 25.90 27.32 485 Paralegal 482 24.13 25.46 26.86 28.34 29.90 153 Park Maintenance Crewleader 501 26.53 27.99 29.53 31.15 32.86 264 Park Naturalist 492 25.36 26.76 28.23 29.78 31.42 401 Parking& Camping Leadworker 460 21.62 22.81 24.06 25.38 26.78 177 Parking Meter Repair Tech 455 21.10 22.26 23.48 24.77 26.13 35 2003-2006 MEA MOU 1/24/05 v.3 j 395 Parking Meter Repair Worker 439 19.48 20.55 21.68 22.87 24.13 459 Parking/Camping Crewleader 496 25.89 27.31 28.81 30.39 32.06 455 Parking/Traffic Control Coord 448 20.36 21.48 22.66 23.91 25.22 262 ParkinglTraffic Control Officr 401 16.11 17.00 17.94 18.93 19.97 295 Permit Technician 418 17.55 18.51 19.53 20.60 21.73 154 Pest Contrl Advisor Crewleader 496 25.89 27.31 28.81 30.39 32.06 367 Pest Control Specialist 438 19.38 20.45 21.57 22.76 24.01 136 Planning Aide 448 20.36 21.48 22.66 23.91 25.22 342 Plumber 472 22.96 24.22 25.55 26.96 28.44 197 Police Photollmaging Specialst 469 22.63 23.87 25.18 26.56 28.02 307 Police Records Specialist 407 16.61 17.52 18.48 19.50 20.57 283 Police Records Supervisor 438 19.38 20.45 21.57 22.76 24.01 282 Police Records Technician 387 15.03 15.86 16.73 17.65 18.62 308 Police Services Specialist 427 18.35 19.36 20.42 21.54 22.72 215 Police Systems Coordinator 458 21.41 22.59 23.83 25.14 26.52 298 Preparator 421 17.81 18.79 19.82 20.91 22.06 399 Printing Services Technician 412 17.00 17.94 18.93 19.97 21.07 259 Property Officer 446 20.16 21.27 22.44 23.67 24.97 205 Public Information Specialist 482 24.13 25.46 26.86 28.34 29.90 207 Public Works Plan Checker 512 28.02 29.56 31.19 32.91 34.72 110 Senior Accountant 514 28.30 29.86 31.50 33.23 35.06 288 Senior Accounting Technician 451 20.66 21.80 23.00 24.27 25.61 434 Senior Code Enforcement Ofcr 500 26.40 27.85 29.38 31.00 32.70 171 Senior Contruction Inspector 510 27.75 29.28 30.89 32.59 34.38 120 Senior Criminalist 532 30.97 32.67 34.47 36.37 38.37 135 Senior Deputy City Clerk 454 20.99 22.14 23.36 24.64 26.00 343 Senior Facilities Maint Tech 467 22.39 23.62 24.92 26.29 27.74 334 Senior Helicopter Maint Tech 517 28.73 30.31 31.98 33.74 35.60 188 Senior Inspector Water Constr 501 26.53 27.99 29.53 31.15 32.86 309 Senior Library Services Clerk 411 16.93 17.86 18.84 19.88 20.97 450 Senior Library Specialist 445 20.06 21.16 22.32 23.55 24.85 363 Senior Marine Equip Mechanic 502 26.65 28.12 29.67 31.30 33.02 437 Senior Permit Technician 467 22.39 23.62 24.92 26.29 27.74 168 Senior Printing Services Tech 449 20.46 21.59 22.78 24.03 25,35 265 Senior Services Assistant 346 12.24 12.91 13.62 14.37 15.16 481 Senior Services Transp Coord 440 19.57 20.65 21.79 22.99 24.25 350 Senior Vehicle Body Technician 455 21.10 22.26 23.48 24.77 26.13 349 Senior Wastewtr Pump Mechanic 444 19.96 21.06 22.22 23.44 24.73 396 Senior Water Meter Reader 437 19.28 20.34 21.46 22.64 23.89 436 Senior Workers' Comp Examiner 489 24.99 26.36 27.81 29.34 30.95 148 Signs & Markings Crewleader 501 26.53 27.99 29.53 31.15 32.86 338 Signs Leadworker 464 22.06 23.27 24.55 25.90 27.32 36 2003-2006 MEA MOU 1/24/05 v.3 m . a m m m 354 Signs/Markings Equip Operator 444 19.96 21.06 22.22 23.44 24.73 266 Social Worker 469 21.51 22-69 23.94 25.26 26.65 386 Stock Clerk 401 16.11 17.00 17.94 18.93 19.97 361 Street Equip Operator 444 19.96 21.06 22.22 23.44 24.73 150 Street Maint Crewleader 496 25.89 27.31 28.81 30.39 32.06 406 Street Maint Leadworker 470 22.73 23.98 25.30 26.69 28.16 478 Street Services Leadworker 470 22.73 23.98 25.30 26.69 28.16 183 Survey Party Chief 520 29.18 30.78 32.47 34.26 36.14 174 Survey Technician 1 448 20.36 21.48 22.66 23.91 25.22 185 Survey Technician 11 464 22.06 23.27 24.55 25.90 27.32 195 Telecommunications Specialist 521 29.33 30.94 32.64 34.43 36.32 346 Telemetry Instrument Tech 472 22.96 24.22 25.55 26.96 28.44 203 Television ProducerlDirector 482 24.13 25.46 26.86 28.34 29.90 433 Theater/Media Technician 427 18.35 19.36 20.42 21.54 22.72 388 Tire Service Worker(T) 428 18.43 19.44 20.51 21.64 22.83 140 Traff SignallLight Crewleader 501 26.53 27.99 29.53 31.15 32.86 181 Traffic Engineering Technician 501 26.53 27.99 29.53 31.15 32.86 389 Traffic Maint Service Worker 427 18.35 19.36 20.42 21.54 22.72 410 Traffic Markings Leadworker 460 21.62 22.81 24.06 25.38 26,78 336 Traffic Signals Electrician 480 23.90 25.21 26.60 28.06 29.60 374 Traffic/SignallLight Leadworkr 485 24.50 25.85 27.27 28.77 30.35 365 Tree Equipment Operator 444 19.96 21.06 22.22 23.44 24.73 460 Trees Maint Leadworker 460 21.62 22.81 24.06 25.38 26.78 144 Trees Maintenance Crewleader 496 25.89 27.31 28,81 30.39 32.06 372 Vehicle Body Repair Crewleader 483 24.26 25.59 27.00 28.48 30.05 351 Vehicle Body Technician 402 16.20 17.09 18.03 19.02 20.07 137 Video Engineer Supervisor 509 27.62 29.14 30.74 32.43 34.21 268 Volunteer Services Coordinator 440 19.57 20.65 21.79 22.99 24.25 385 Warehousekeeper 448 20.36 21.48 22.66 23.91 25.22 362 Wastewater Equip Operator 444 19.96 21.06 22.22 23.44 24.73 454 Wastewater Maint Service Workr 427 18,35 19.36 20.42 21.54 22.72 146 Wastewater Ops Crewleader 496 25.89 27.31 28.81 30.39 32.06 404 Wastewater Ops Leadworker 460 21.62 22.81 24.06 25.38 26.78 387 Wastewater Pump Mechanic 439 19.48 20.55 21.68 22.87 24.13 189 Water Construction Inspector 481 24.02 25.34 26.73 28.20 29.75 151 Water Dist Maint Crewleader 496 25.89 27.31 28.81 30.39 32.06 379 Water Dist Maint Leadworker 476 23.41 24.70 26.06 27.49 29.00 147 Water Dist Meters Crewleader 496 25.89 27.31 28.81 30.39 32.06 377 Water Dist Meters Leadworker 460 21.62 22.81 24.06 25.38 26.78 364 Water Equip Operator 460 21.62 22.81 24.06 25.38 26.78 397 Water Meter Reader 421 17.81 18.79 19.82 20.91 22.06 356 Water Meter Repair Technician 443 19.87 20.96 22.11 23.33 24.61 37 2003-2006 MEA MOU 1/24/05 v.3 152 Water Operations Crewleader 496 25.89 27.31 28.81 30.39 32.06 371 Water Operations Leadworker 482 24.13 25.46 26.86 28.34 29.90 156 Water Quality Coordinator 496 25.89 27.31 28.81 30.39 32.06 191 Water Quality Technician 470 22.73 23.98 25.30 26.69 28.16 461 Water Service Worker 433 18.89 19.93 21.03 22.19 23.41 368 Water Systems Technician 1 433 18.89 19.93 21.03 22.19 23.41 369 Water Systems Technician II 446 2016 21.27 22.44 23.67 24.97 370 Water Systems Technician III 466 22.28 23.51 24.80 26.16 27.60 449 Water Utility Locator 470 22.73 23.98 25.30 26.69 28.16 202 Workers Comp Claims Examiner 407 16.61 17.52 18.48 19.50 20.57 38 2003-2006 MEA MOU 1124/05 v.3 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 shall wear a standard City adopted uniform. Each Department Head shall determine which employees must wear a uniform. Uniform Listing by Category/Classification (Exhibit B-1). C. Personal Protective Equipment All personal protective equipment as related to employee job duties and responsibilities shall be provided based on supervisor-designated need. Examples of personal protective equipment include, but may not be limited to the following: hardhats, foul weather gear, steel-toed rubber boots, steel-toed caps, wood heat resistant soles, special hazard gloves, safety glasses, face shields, ear protectors, arm and shin guards. R-1 safety vests shall be furnished to all employees having occasion to work within travel ways. D. Safety Shoes 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. Effective first full pay period following full ratification of this agreement, the maximum amount to be reimbursed for a pair of safety shoes will not exceed two hundred and twenty-five dollars ($225.00) per pair every six months or sooner, if necessary. 3. Shoes or boots shall be purchased through designated standard outlets. 39 2003-2006 MEA MOU 1124/05 v.3 E. Employee Responsibilities 1. To wear a clean and complete uniform as required. 2. Uniform appearance shall include: 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. 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 uniform components, including patches upon termination. 8. To turn in all personal protective equipment upon termination. 9. To wear all personal protective equipment prescribed by the City safety officer and supervisor of the division. F. City Responsibilities 1. To furnish funding for the agreed uniform allowances. 2. To report to the California Public Employees Retirement System (CaIPERS) the cost of uniforms provided as set forth in Uniform Listing by Category/Classification, Exhibit B-1, for each classification as special compensation in accordance with Title 2, California Code of Regulations, Section 571(a)(5). For employees that are not required to wear uniforms on a daily basis or who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms may apply. 3. To provide and maintain one or more retail clothing outlets for the various allotments. City reserves the right to name vendor. 4. To maintain records of purchases. 2003-2006 MEA MOU 1/24105 v.3 40 G. Department Head or Designee Responsibilities 1. To ensure employee compliance with the Uniform Policy. 2. To approve replacement of deteriorated uniform component(s) and personnel protective equipment as required and to maintain a listing for each eligible employee, by name and classification, of all uniform component(s) and personal protective equipment purchased. 3. To confirm receipt of uniforms, patches and personal protective equipment from an employee upon termination. A Termination Checklist Form is to be completed, signed by the employee, and submitted to the Human Resources Office. 4. To report to the Human Resources Manager any changes to the Uniform Listing by Category/Classification (Exhibit B-1). The City reserves the right to add, delete, change or modify the Uniform Listing as required. 41 2003-2006 MEA MOU 1/24/05 v.3 Exhibit B-1 Category of Uniform Group 1: 5 Shirts, T-Shirts and Pants, Patches, 1 Jacket PW/CS Field Issue Group 2: 1 Blue Suit, 2 Pants/Polo Shirts, 1 Sweater, 1 Pair Shoes Fire Group 3: 2 Blue Shirts, 3 Pants/Skirts, 1 choice Jacket/Sweater/Sweatshirt PD Grou 4: 2 Polo Shirts, 2 Pants or 2 Shorts, 1 Hat CS Group 5: 5 Polo Shirts, 1 Jacket, 1 Windbreaker not annually), 1 Hat(inspection) Group 6: 2 T-Shirts CS Group 8: 4 Battle Dress Uniform, 4 Polo Shirts, 1 Jacket, 1 Rainsuit PD Group 9: 4 Blue Pants, 2 Shorts, 4 Polos or Blue Shirts,) Jacket, 1 Rainsuit PD Group 10: 5 Shirts, 5 Pants, Shoes PPE/Safety not PERS reportable Group 11: 3 Shirts, 3 Pants, Boots PPE/Safety not PERS reportable Group 12: 5 Polo Shirts, 3 Pants, 1 Sweatshirt or Windbreaker IS Uniform Listing by Categor fIC lassification* Blq_g &Safety 0210 _Building Inspector l 5 Bldg &Safety 0211 Building Inspector II 5 Bldg &Safety 0208 Building Inspector 111 5 Comm Svcs 0358 Beach Equip Operator 1 Comm Svcs 0149 Beach Maint Crewleader 1 Comm Svcs 0452 Beach Maint Service Worker 1 Daily wear not required. Used for special events and/or sports leagues. Frequency of use varies - Comm Svcs 0252 Community Srvcs Rec Coord 6 seasonal from weekly to month) Daily wear not required. Used for special events and/or sports leagues. Frequency of use varies - Comm Svcs 0258 Community Srvcs Rec Su v 6 seasonal from weekly to month! Comm Svcs 0448 Marine Equipment Mechanic 1 Comm Svcs 0264 Park Naturalist 4 Comm Svcs 0177 Parking Meter Repair Tech 1 Comm Svcs 0395 Parking Meter Repair Worker 1 Comm Svcs 0459 Parking/Camping Crewleader 4 Comm Svcs 0401 Parking/Camping Leadworker 4 Comm Svcs 0363 Senior Marine Equip Mechanic 1 Comm Svcs 0265 Senior Services Assistant 6 Bus Driver only Comm Svcs Library Police 0400 Custodian 1 Comm Svcs Police 0262 Parking/Traffic Control Officr 3 Fire 0232 Emergency Medical Srvcs Coord 2 Fire 0198 Emergency Services Coordinator 2 Daily wear not required Daily wear not required Fire 0260 Fire Safety Program Specialist 2 42 2003-2006 MEA MOU 1/24/05 v.3 i F Fire 0173 Fire Training Maintenance Tech 11 Fire 0190 Haz Mat Program Specialist 10 Police 0337 _Helicopter Maintenance Tech 1 Information 4 of 5 ees issued uniform; 2 in the Services 0492 Info Systems Technician IV 12 field &2 in radio repair shop Planning 0186 Code Enforcement Officer 1 5 Planning 0182 Code Enforcement Officer 11 5 Planning 0434 Senior Code Enforcement Ofcr 5 Police 0263 Community Relations Specialist 3 Daily wear not required Police 0255 Crime Scene Investigator 8 Police 0462 _Crossing Guard Coordinator 9 Police 0455 ParkinglTraffic Control Coord 9 Police 0307 Police Records Specialist 3 In Records Division only Police 0283 Police Records Supervisor 3 Police 0282 Police Records Technician 3 Police 0308 Police Services Specialist 3 In Records Division only Police 0215 Police Systems Coordinator 3 Police 0259 Property Officer 9 Police 0334 Senior Helicopter Maint Tech 1 Public Works 0340 Carpenter 1 Public Works 0345 Concrete Finisher 1 Public Works 0172 Construction Ins ction Trainee 5 Public Works 0463 Construction Inspector 5 Public Works 0192 Cross Connection Control Spec 5 Public Works 0375 Electrical Leadworker 1 Public Works 0339 Electrician 1 Public Works 0472 _Equip Auto Maint Leadworker 1 Public Works 0382 Equip Services Crewleader 1 Public Works 0142 Equip/Auto Maint Crewleader 1 Public Works 0383 Equipment Support Assistant 1 Public Works 0407 Facilities Maint Leadworker 1 Public Works 0391 Facilities Maintenance Tech 1 Public Works 0398 Field Service Representative 1 In Public Works only Public Works 0352 Grader Equip Operator 1 Public Works 0390 Groundsworker 1 Public Works 0155 Irri ation Crewleader 1 - Public Works 0357 Irrigation Specialist 1 Public Works 0359 Landscape Equip Operator 1 Public Works 0145 Landscape Maint Crewleader 1 Public Works 0402 Landscape Maint Leadworker 1 Public Works 0344 Masonry Worker 1 Public Works 0384 Mechanic 1 1 Public Works 0348 Mechanic 11 1 Public Works 0347 Mechanic 111 1 Public Works 0341 Painter 1 Public Works 0378 Painter Leadworker 1 43 2003-2006 MEA MOU 1/24105 v.3 i MOM Public Works 0153 Park Maintenance Crewleader 1 Public Works 0154 Pest Contrl Advisor Crewleader 1 Public Works 0367 Pest Control Specialist 1 Public Works 0342 Plumber 1 Public Works 0171 Senior Contruction Inspector 5 Public Works 0343 Senior Facilities Maint Tech 1 Public Works 0188 Senior Inspector Water Constr 5 Public Works 0350 Senior Vehicle Body Technician 1 Public Works 0349 Senior Wastewtr Pump Mechanic 1 Public Works 0396 Senior Water Meter Reader 1 Public Works 0148 Signs & Markings Crewleader 1 Public Works 0338 Signs Leadworker 1 Public Works 0354 Si nslMarkin s Equip Operator 1 Public Works 0361 Street Equip Operator 1 Public Works 0150 Street Maint Crewleader 1 Public Works 0406 Street Maint Leadworker 1 Public Works 0478 Street Services Leadworker 1 Public Works 0346 _Telemetry Instrument Tech 1 Public Works 0388 Tire Service Worker T 1 Public Works 0140 Traff Signal/Light Crewleader 1 Public Works 0389 Traffic Maint Service Worker 1 Public Works 0410 Traffic Markings Leadworker 1 Public Works 0336 Traffic Signals Electrician 1 Public Works 0374 Traffic/Signal/Light Leadworkr 1 Public Works 0365 Tree Equipment Operator 1 Public Works 0460 Trees Maint Leadworker 1 Public Works 0144 Trees Maintenance Crewleader 1 Public Works 0372 Vehicle Body Repair Crewleader 1 Public Works 0351 Vehicle Body Technician 1 Public Works 0385 Warehousekee er 1 Public Works 0362 Wastewater Equip Operator 1 Public Works 0454 Wastewater Maint Service Workr 1 Public Works 0146 Wastewater Ops Crewleader 1 Public Works 0404 Wastewater O s Leadworker 1 Public Works 0387 Wastewater Pump Mechanic 1 Public Works 0189 Water Construction Inspector 5 Public Works 0151 Water Dist Maint Crewleader 1 Public Works 0379 Water Dist Maint Leadworker 1 Public Works 0147 Water Dist Meters Crewleader 1 Public Works 0377 Water Dist Meters Leadworker 1 Public Works 0364 Water Equip Operator 1 Public Works 0397 Water Meter Reader 1 Public Works 0356 Water Meter Repair Technician 1 Public Works 0152 Water Operations Crewleader 1 Public Works 0371 Water Operations Leadworker 1 Public Works 0461 Water Service Worker 1 Public Works 1 0368 Water Systems Technician I 1 Public Works 1 0369 lWater Sy stems Technician It 1 44 2003-2006 MEA MOU 1/24/05 v.3 Public Works 0370 Water Systems Technician 111 1 Public Works 0449 Water Utility Locator 1 *Note: unless otherwise indicted, uniforms are required for daily wear. 2003-2006 MEA MOU 1/24/05 V.3 45 .......... 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 engage in official City business, to establish reimbursement procedures for privately-owned vehicles used 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: 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 2003-2006 MEA MOU 1/24/05 v.3 46 i 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 five hundred (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 fifty percent (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 five hundred (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 fifty percent (50%) of his or her working time on an average. ll. 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. B. Mileage Reimbursement -- Employees, upon authorization of their Department Head, may use their own vehicles on official City business and shall be reimbursed at current IRS regulations while driving on official City business. 1, Employees shall submit monthly claims for reimbursement to their Department Head on forms prescribed by the Finance Officer. 2. Employees shall not be reimbursed for commuting to and from work, except 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 fifty thousand dollars ($50,000.00) public liability for any one person and one hundred thousand dollars ($100,000.00) public liability for E E 47 2003-2006 MEA MOU 1/24/05 v.3 all persons, any one accident. They must also be insured for twenty five thousand dollars ($25,000.00} property damage and fifteen thousand dollars ($15,000.00) for any one uninsured motorist and thirty thousand dollars ($30,000.00) 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. 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 one hundred dollars ($100.00) of comprehensive and/or collision damages suffered by such employee to the extent that such employee's personal automobile insurance policy does not cover such first one hundred dollars ($100.00) 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. 48 2003-2006 MEA MOU 1/24/05 v.3 EXHIBIT D -- EMPLOYEE MEDICAL INSURANCE BROCHURES A copy of the Medical Plan Brochures may be obtained from the Administrative Services Department 49 2003-2006 MEA MOU 1/24I05 v.3 EXHIBIT E — DELTA CARE (PMI) DENTAL PLAN BROCHURE A copy of the Delta Care (PMI) Brochure may be obtained from the Administrative Services Department 50 2003-2006 MEA MOU 1124105 v.3 EXHIBIT F — DELTA DENTAL PLAN BROCHURE A copy of the Delta Dental Plan Brochure may be obtained from the Administrative Services Department 51 2003-2006 MEA MOU 1124105 v.3 EXHIBIT G —VISION (VSP) PLAN BROCHURE A copy of the Vision (VSP) Brochure may be obtained from the Administrative Services Department 52 2003-2006 MEA MOIL1/24105 v.3 EXHIBIT H — LONG TERM DISABILITY PLAN BROCHURE A copy of your Long Term Disability Plan Brochure may be obtained from the Administrative Services Department 53 2003-2006 MEA MOU 1124/05 v.3 EXHIBIT I -- 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 full time 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. On the first of the month in which a retiree or dependent reaches age sixty five (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 sixty five (65) under the City's medical plans shall be governed by applicable plan document. 2. 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. 3. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of his/her death, or would be eligible to receive if he/she were retired at the time of death, shall be paid on behalf of the spouse or family for a period not to exceed twelve (12) months_ SCHEDULE OF BENEFITS D. Minimum Eli-gibilily 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. E. 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 one hundred twenty one dollars ($121.00). Payments shall be in 54 2003-2006 MEA MOU 1/24/05 v.3 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. F. 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. 55 2003-2006 MEA MQU 1/24/05 v.3 G. Medicare: 1. All persons are eligible for Medicare coverage at age sixty-five (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 sixty five (65), but will have to pay for Part A of Medicare if the individual elects to take Medicare_ In all cases, Part B. of Medicare is paid for by the participant. 2. When a retiree and his/her spouse are both sixty-five (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 sixty-five (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 sixty-five (65) is not eligible for paid Part A of Medicare and his/her spouse who is also age sixty-five (65) is eligible for paid Part A of Medicare, the subsidy shall be for the retiree's Part A only. H. 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 sixty-five (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 thirty six (36) months of COBRA continuation coverage, or 2) When the covered dependent reaches age sixty-five (65) in the event such dependent reaches age sixty-five (65) prior to the retiree reaching age sixty-five (65). MEA MOU 1-23-05.v2 56 c. At age sixty five (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. 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. 3. 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. 2003-2006 MEA MOU 1/24/05 v.3 57 EXHIBIT J - 9/80 WORK SCHEDULE This work schedule is known as the "9/80". The 9180 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, with a scheduled lunch break 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. The FLSA work week for each MEA employee on a 9/80 schedule shall begin and end four hours into that employee's regularly scheduled shift on the day of the week that the employee alternatively works an 8 hour shift and takes off. For example, MEA employees on a 9180 schedule who are assigned to the Civic Center shall have an FLSA work week that starts and ends four hours into the employee's regularly scheduled shift each Friday, as these employees may only have 9/80 schedules that provide for alternating Fridays off with working 8 hour days on Fridays. Employees may only take their lunch break on their 8 hour day after first having worked 4 hours in that shift, unless the employee receives prior approval of their supervisor, as overtime may occur in such situations. 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) Fours 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, MEA employees on a 9/80 schedule assigned to the Civic Center, 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 payda ". An example is listed below: 9_1 Ell 1101,1111110 M an I M OEM= 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 - - 2003-2006 MEA MOU 1/24/05 v.3 58 D_ Schedule Changes — FLSA non-exempt employees cannot change their assigned 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 their schedules at the beginning of any pay period with supervisor and Department Head approval. E. Emergencies —All employees on the 9180 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 9180 work schedule shall earn overtime for all hours worked after the first forty (40) hours in their designated 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 9180 work schedule, then nine (9) hours of eligible leave per workday shall be charged against the employee's leave balance or eight (8) hours shalt 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. If a holiday falls on an FLSA non-exempt employee's flex day 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 credited general leave with the number of hours of the employee's regularly scheduled work shift. b. If a holiday falls on an FLSA exempt employee's flex day off, the employee must then take the work shift before or after the holiday off with supervisor and Department Head approval. FLSA exempt employees 2003-2006 MEA MOU 1/24/05 v.3 59 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 the employee's flex day 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. 2003-2006 MEA MOU 1/24105 v.3 60 EXHIBIT K - 4/10 WORK SCHEDULE This work schedule is known as the "4110" work schedule. 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 4110 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 4. Holidays - 2003-2006 MEA MOU 1/24/05 v.3 61 a. 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 credited with general leave the number of hours of the employee's regularly scheduled work shift. b. 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. 2003-2006 MEA MOU 1/24/05 v.3 62 i EXHIBIT L -- AGENCY SHOP AGREEMENT LEGISLATIVE AUTHORITY The City of Huntington Beach (City) and the Huntington Beach Municipal Employees Association (Association) mutually understand and agree that in accordance with State of California law, per adoption of SB 739 (specifically, Government Code Section 3502.5), the Association will be covered by an Agency Shop. As a result of this Agency Shop Agreement between the City and the Association, and as a condition of continued employment, this Agency Shop Agreement hereby requires that all bargaining unit employees represented by the Association: 1. Elect to join the Association and pay association dues; 2. Pay an agency fee for representation; 3. Or with a religious exemption, pay a fee equal to the agency fee to be donated to selected charities. The following agency shop agreement will be implemented in conformity with California Government Code Section 3502.5 and applicable law and will be incorporated into any successor Memorandum of Understanding entered into between City and Association, unless rescinded pursuant to the terms of this agreement. ASSOCIATION DUES/AGENCY FEE COLLECTION Effective with the pay period beginning ,duly 31, 2004, the City shall deduct Association dues, agency fee and religious exemption fees from all employees who have signed a written authorization and a copy of that authorization has been provided to the Human Resources Manager at least three weeks before that date. The authorization shall indicate whether association dues, agency fee or religious exemption fees shall be deducted and shall be jointly developed by the City and the Association. Employees who do not sign the written authorization, or whose written authorization is not provided to the Human Resources Manager at least three weeks before the beginning of the pay period when deductions under this Agency Shop Agreement are to begin, shall be subject to the agency fee deduction. Employees on leave without pay or employees who earn a salary less than the Association deduction shall not have association dues, agency fee, or religious exemption fees deducted for that pay period. The agency fee is a fee equal to direct representation costs as determined by the Association's certified financial report. The Association shall notify the Human Resources Manager of the amount of the association dues and the agency fee to be deducted from the unit members' paychecks three weeks prior to the date of the first deduction and then once per year thereafter by September 1st, for implementation in the first full pay period beginning in October of each year. 2003-2006 MEA MOU 1124105 v.3 63 NEW HIRE NOTIFICATION Effective July 31, 2004, all new hires in the Bargaining Unit shall be informed by the Human Resources Manager or designee, at the time of hire, that an Agency Shop Agreement is in effect for their classification, by providing a copy of this agreement, the Memorandum of Understanding and a form, mutually developed between the City and the Association that outlines the employee's choices under the Agency Shop Agreement. The employee shall be provided thirty (30) calendar days from the date of hire to elect their choice and provide a signed copy of that choice to the Human Resources Manager. Deductions under this Agency Shop Agreement for new hires will start with the first full payroll period beginning 30 days after the new hire submits his/her selection to the Human Resources Manager. The Association may request to meet with new hires at a time and place mutually agreed upon between the City and the Association. FAILURE TO PAY DUES/FEES All unit employees who choose not to become members of the Association or resign from Association membership shall be required to pay to the Association a representation service fee (the agency fee referenced in this Agency Shop Agreement) that represents such employee's proportionate share of the Association's cost of legally authorized representation services on behalf of unit employees in their relations with the City. Such agency fee shall in no event exceed the regular, periodic membership dues paid by unit employees who are members of the Association. Unit employees who change their status (from Association member to agency fee payer or to religious exemption, or vice-versa) after the effective date of this Agency Shop Agreement shall be subject to the terms of the changed status with the first full pay period beginning thirty (30) days or more after the employee informs the Human Resources Manager of the change in writing on a form to be jointly developed by the City and the Association. RELIGIOUS EXEMPTION Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to pay an agency fee, but shall pay by means of mandatory payroll deduction an amount equal to the agency fee to a non-religious, non-labor charitable organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. Those fees shall be remitted by the Association to any of the non-labor, non- religious charitable organizations offered by the Association for this purpose, at the choice of the employee. To qualify for the religious exemption the employee must provide to the Association a written statement of objection, along with verifiable evidence of membership in a religious body as described above. The City will implement the change in status, with the first full pay period beginning thirty (30) days or more after the employee submits the appropriate form to the City to change his/her status, unless notified by the Association 2003-2006 MEA MQU 1124105 v.3 64 s in writing that the requested exemption is not valid. The City shall not be made a party to any dispute arising relative to the determination of religious exemptions. RECORDS The Association shall keep an adequate itemized record of its financial transactions and shall make a written financial report thereof, in the form of a balance sheet certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant, available annually, to the City, to Agency Fee payers and to unit members who elect the religious exemption relating to this Agency Shop Agreement, within 60 days following the end of its fiscal year. All forms submitted by an employee to the City, or by the Association on behalf of an employee, shall be retained by the City in the employee's personnel file. The Human Resources Manager or designee shall provide the Association a list of all unit members with dues paying status with each association dues check remitted to the Association. This list and the association dues shall be submitted by the City to the Association within three weeks of each pay period. RESCISSION OF AGREEMENT The Agency Shop Agreement may be rescinded at any time during the period of time that the Association remains the exclusive bargaining agent for the unit employees, by a majority vote of all the employees in the bargaining unit. A request for such vote must be supported by a petition containing the signatures of at least thirty (30) percent of the employees in the unit. The election shall be by secret ballot and conducted by California State Mediation and Conciliation and in accordance with state law. INDEMNIFICATION The Association shall indemnify, defend and hold the City harmless from and against all claims and liabilities as a result of implementing and maintaining this Agency Shop Agreement. The City and the Association recognize the right of the employees to form, join and participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to join or participate in employee organization activities. During the life of this agreement all unit members who choose to become members of the Association shall be required to maintain their membership in the Association in good standing, subject however, to the right to resign from membership no sooner than April 15, or later than May 15, of any year this agreement remains in effect. Any unit member may exercise the right to resign by submitting a written notice to the Association and to the City during the resignation period on the Deduction Authorization/Change in Status form. The change in deductions from the employee's 2003-2006 MEA MOU 1/24/05 v,3 65 r I payroll will be effective with the first full pay period beginning 30 days or more after the Human Resources Manager receives the employee's written notice. The City and the Association agree that neither shall discriminate nor retaliate against any employee for the employee's participation or non-participation in any Association activity. PAYROLL DEDUCTION Effective with the pay period beginning July 31, 2004, the City will deduct from each paycheck of unit employees, and remit to the Association, the normal and regular Association dues and agency fees, in the timelines described as voluntarily authorized in writing by the employee, subject to the following conditions: (1) Such deductions shall be made only upon submission of a Deduction Authorization/Change in Status form to the Human Resources Manager. Said form shall be duly completed and signed by the employee. If no foram is completed by the employee, the employee shall be subject to the agency fee. (2) The City shall not be obligated to put into effect any new, changed or discontinued deduction until the first full pay period commencing thirty (30) days or longer after such submission. Every effort will be made by the City to remit dues to the Association within three weeks of receipt. The Association agrees to indemnify and hold the City harmless against any and all suits, claims, demands and liabilities that may arise out of, or by reason of, any action that shall be taken by the City for the purpose of complying with this Section. 2003-2006 MEA MOU 1/24/05 v.3 66 i Res. No. 2005-12 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH 1, JOAN FLYNN, 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 7th day of February, 2005 by the following vote: AYES: Hansen, Coerper, Sullivan, Green, Bohr, Cook NOES: None ABSENT. Hardy ABSTAIN: None Ci(/Clerk and ex-offici lerk of the OV; City Council of the City of Huntington Beach, California