HomeMy WebLinkAboutCity Council - 2005-65 RESOLUTION NO. 2 0 0 5-6 5
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING AND
IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE HUNTINGTON BEACH MARINE SAFETY OFFICERS'
ASSOCIATION AND THE CITY OF HUNTINGTON BEACH FOR
THE TERM OF OCTOBER 1, 2003, TO SEPTEMBER 30, 2006
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 Marine Safety Officers' Association, 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
October 1, 2003, to September 30, 2006.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the 1 9th day of September 200 5
REVIEWED AND APPROVED: APPROVED AS TO FORM:
r
ity Adm istrator `.Ci y Attorney
INITIATED AND APPROVED: l
Addminis rat'
Deputy City Administrator
05reso/marine safety officers'assn
MARINE SAFETY OFFICERS' ASSOCIATION 15y.8/T
2003-2006 MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
PREAMBLE ....................................................................................................................I
ARTICLE I - TERM OF MOU ..........................................................................................I
ARTICLE 11 - REPRESENTATIONAL UNIT/CLASSIFICATIONS...................................2
ARTICLE III - MANAGEMENT RIGHTS .........................................................................2
ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT.........................................2
L ARTICLE V - SALARY SCHEDULE ...............................................................................2
ARTICLE VI - SPECIAL PAY.................................................................................
A. EDUCATION INCENTIVE PAY..............................................................................................3
B. ACTING ASSIGNMENT PAY.................................................................................................4
C. CERTIFICATION PAY..........................................................................................................4
D. HOLIDAY PAY-IN-LIEU.......................................................................................................4
E. BILINGUAL SKILL...............................................................................................................5
F. EFFECTIVE DATE OF SPECIAL PAY.....................................................................................5
G. NO PYRAMIDING OF SPECIAL PAY...................................................................................... 5
H. REPORTING TO PERS ......................................................................................................5
ARTICLE VII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT ...........................5
A. GENERAL POLICY.............................................................................................................5
B. EFFECTED EMPLOYEES.....................................................................................................5
C. PERSONAL PROTECTIVE EQUIPMENT.................................................................................5
D. EMPLOYEE RESPONSIBILITIES...........................................................................................6
E. CITY RESPONSIBILITIES ....................................................................................................6
ARTICLE VIII - HOURS OF WORK/OVERTIME ............................................................7
A. HOURS OF WORK DEFINED............................................................................................... 7
B. OVERTIME/COMPENSATORY TIME...................................................................................... 7
1. Paid Overtime........................................ ..........................................................................................7
2. Compensatory Time.........................................................................................................................7
3. Court Time........................................................................................................................................7
a. Court Standby..............................................................................................................................7
b. Court Appearance........................................................................................................................7
4. Holidays Worked ..............................................................................................................................7
C. 4/10 WORK SCHEDULE DEFINED.......................................................................................8
D. SHIFT EXCHANGE............................................................................................................. 8
MSOA MOU FINAL 03-06 i
Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit"A"
2003-2006 MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS....................................8
A. HEALTH ...........................................................................................................................8
1. CalPERS PEMHCA..........................................................................................................................8
a. PEMHCA Employer Contributions................................................................................................8
b. Maximum Employer Contributions...............................................................................................9
2. Dental Insurance.........................................................................................................._....................9
3. Retiree(Annuitant)Coverage...........................................................................................................9
a. City Contribution(Unequal Contribution Method)for Retirees...................................................10
b. Termination of Participation in the CaIPERS PEMHCA Program - Impact to Retirees..............10
4. Additional Costs for Participation in the PEMHCA program...........................................................10
a. Retiree and/or Annuitant Coverage............................................................................................10
b. Termination Clause....................................................................................................................11
B. MEDICAL CASH-OUT....................................................................................................... 11
C. SECTION 125 EMPLOYEE PLAN....................................................................................... 11
D. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT(AD& D) INSURANCE........................ 12
E. LONG TERM DISABILITY INSURANCE................................................................................. 12
ARTICLE X - RETIREMENT.........................................................................................13
A. BENEFITS....................................................................................................................... 13
1. Public Employees' Retirement System...........................................................................................13
2. Self-Funded Supplemental Retirement Benefit..............................................................................13
3. 1959 Survivors'Benefit Level IV.....................................................................................................13
4. Medical Insurance for Retirees.......................................................................................................14
B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING.................. 14
1. Employees'Contribution..................................................................................._........... ................14
C. HEALTH SAVINGS ACCOUNT FOR POST RETIREMENT MEDICAL BENEFITS........................... 14
D. PRE-RETIREMENT OPTIONAL SETTLEMENT 2 DEATH BENEFIT........................................... 14
ARTICLE XI - LEAVE BENEFITS.................................................................................14
A. VACATION...................................................................................................................... 14
1. Accrual............................................................................................................................................14
2. Eligibility and Permission................................................................................................................15
3. Conversion to Cash............. ......__................................................................................................15
a. Cash Advance............................................................................................................................15
b. Pay-Off at Termination...............................................................................................................15
B. SICK LEAVE.................................................................................................................... 16
C. LEAVE BENEFIT ENTITLEMENTS....................................................................................... 16
D. BEREAVEMENT LEAVE..................................................................................................... 16
E. DEFERRED COMPENSATION/ LEAVE CASH-OUT............................................................... 16
F. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ................................................ 17
ARTICLE XII - CITY RULES.................................................... ........17
.............................
ARTICLE X111 - MISCELLANEOUS .................
MSOA MOU FINAL 03-06 N
Reso. No. 2005-65
Exhibit"A"
MARINE SAFETY OFFICERS' ASSOCIATION
2003-2006 MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
A. SALARY UPON APPOINTMENT.......................................................................................... 17
B. PHYSICAL EXAMINATIONS................................................................................................ 17
C. CONDITIONING TIME ....................................................................................................... 17
D. 1,500 HOUR RECURRENT EMPLOYEES............................................................................ 17
E. COLLECTION OF PAYROLL OVERPAYMENTS...................................................................... 17
ARTICLE XIV - CITY COUNCIL APPROVAL...............................................................19
EXHIBIT A- M OA SALARY SCHEDULE...................................................................20
EXHIBIT B - DELTA CARE (PMI) DENTAL PLAN BROCHURE .................................21
EXHIBIT C - DELTA DENTAL PLAN BROCHURE......................................................22
EXHIBIT D - SERVICE CREDIT SUBSIDY PLAN........................................................23
EXHIBIT E - MODIFICATIONS TO EMPLOYEE - EMPLOYER RELATIONS
RESOLUTION...............................................................................................................26
EXHIBIT F - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ..........28
MSOA MOU FINAL 03-06 III
Reso. No. 2005-65
Exhibit"A"
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF HUNTINGTON BEACH
(Hereinafter called CITY)
and
THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION
(Hereinafter called ORGANIZATION or MSOA)
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.
WHEREAS, except as otherwise expressly provided herein, all terms and conditions of
this Agreement shall apply to all employees represented by the Association, and
WHEREAS, the representatives of the City and Association desire to reduce their
agreements to writing,
NOW THEREFORE, this Memorandum of Understanding is made, to become effective
October 1, 2003, and it is agreed as follows:
ARTICLE I - TERM OF MOU
This Memorandum of Understanding shall be in effect for a term commencing on
October 1, 2003 and ending at midnight on September 30, 2006. No further
improvements or changes in the salaries and monetary benefits of the employees
represented by the Association shall take effect during the term of this agreement and
the Association expressly waives any right to request any improvements or changes in
salaries or monetary benefits for the employees represented by the Association which
would take effect prior to October 1, 2006, and the City of Huntington Beach, through its
representatives, shall not be required to meet and confer as to any such request.
MSOA MOU FINAL 03-06 1
Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit "A"
ARTICLE 11 - REPRESENTATIONAL UNIT/CLASSIFICATIONS
It is recognized that the Marine Safety Officers' Association is the employee organization,
which has the right to meet and confer in good faith with the City on behalf of the
employees of the Huntington Beach Community Services Department within the following
classification and assignment titles:
Marine Safety Lieutenant
Marine Safety Officer 11
Marine Safety Officer I
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 marine
safety 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 Director or 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 manning requirements, overtime assignments, number and
location 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. The parties agree to meet and confer during the term
of this agreement on revisions, changes, modifications and additions to the Personnel
Rules and/or Department Rules when requested by City.
ARTICLE IV- EXISTING CONDITIONS OF EMPLOYMENT
Except as otherwise expressly provided herein, the adoption of this Memorandum of
Understanding shall not change existing benefits and terms and conditions of
employment which have been established in prior Memoranda of Understanding between
City and the Association.
ARTICLE V - SALARY
Classification and Salary Schedule
Employees shall be compensated at rates by classification title and salary range during
the term of the agreement as set out in Exhibit A attached hereto and incorporated
herein.
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Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit"A"
A. Wage Increases
1. Effective the first full pay period that includes October 1, 2003, and for fiscal year
2003-2004, all Association employees shall receive no wage increase.
2. Effective September 25, 2004 that includes October 1, 2004, all Association
employees shall receive a four percent (4%)wage increase.
3. Effective September 24, 2005 that includes October 1, 2005, all Association
employees shall receive a four percent (4%)wage increase.
B. Organizational, Classification and Compensation Study
The City and the Association agree to a joint study in which: the survey agencies are
to be agreed upon between both parties; the study is to be completed by no later than
June 30, 2006 (3 months prior to the expiration of the Memorandum of
Understanding); there will be no action on the results of the study during the term of
this Memorandum of Understanding; the results of the study are to be used as
information for the next contract negotiations; and, the City is not obligated to
implement the results of the study.
ARTICLE VI - SPECIAL PAY
A. Education Incentive Pau
Effective the first full pay period following City Council ratification of this Memorandum
of Understanding, employees who possess a degree from an accredited college shall
be eligible to receive education incentive pay as follows:
1. Bachelor's Degree - 3% above the base hourly rate
2. Associate's Degree —2% above the base hourly rate
3. The maximum education incentive pay shall be 3%.
4. All current employees who do not possess the degrees listed above shall
continue to receive the education incentive pay in effect as of the date of City
Council ratification of this Memorandum of Understanding. Such pay shall not
increase unless an employee obtains one of the degrees listed above. In the
event an employee obtains an Associate's or Bachelor's degree, only the special
pay in #1 or #2 above shall apply and the following Education Incentive Level
Plan shall no longer apply:
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Reso.No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit"A"
Education Maximum Continuing Education
Incentive College Training Years of College Units Monthly
Level Units Points Service Required Annually Amount
1 30 10 1 6 $ 50
2 60 20 2 3 75
3 90 30 2 3 100
4 120 3 3 150
5 150 1 1 4 0 150
5. Employees hired after the date of City Council ratification of this Memorandum of
Understanding who do not possess a Bachelor's or an Associate's degree shall
not be eligible for education incentive pay until a degree is attained.
B. Acting Assignment Pay
1. When formally assigned to perform in the absence of the Marine Safety Chief
due to vacation, compensatory time off, sick leave and training, a Marine Safety
Lieutenant shall be compensated for each full hour worked at the rate of twelve
and one-half percent (12 Y2%) of the employee's base hourly rate of pay.
2. Acting Chief selection shall be made at the discretion of the Department Head or
designee. Seniority will not be the controlling criteria.
C. Certification Pay
1. Marine Safety Officer II — Employees classified as MSO ii shall receive an
additional five percent (5%) over their base hourly rate for maintaining active
certification in all of the following: SCUBA/Rescue, ICS (Incident Command
System) 100 and 200; Instructor 1A and 113; SCUBA/Dry Suit; and Instructor
Emergency Response Red Cross.
2. Marine Safety Lieutenant — Employees classified as Marine Safety Lieutenant
shall receive an additional five percent 5% over their base hour) rate for
p ( ) Y
maintaining active certification in all of the following: ICS (incident Command
System) 300; Command I and 1B; and Management 1.
D. Holiday Pay-In-Lieu
Employees represented by the Association and actively employed by the City, in
addition to regular compensation, shall receive each month 1/12 of the total holiday
hours (80) earned for the year. They shall be entitled to an additional eight hours of
pay at their regular rate for any day declared by the President of the United States to
be a national holiday, or any day declared by the Governor of the State of California
to be a state holiday, if such day is adopted by the City Council of the City of
Huntington Beach as a special holiday for City employees (i.e., day of mourning).
MSOA MOU FINAL 03-06 4
Reso.No. 2005-65
Exhibit"A"
MARINE SAFETY OFFICERS' ASSOCIATION
E. Bilingual Skill
Permanent employees who are required by their Department Head to use their
bilingual abilities as part of their job assignment shall be paid an additional five
percent (5%) over their base hourly rate. Employees who are required by their
Department Head to utilize bilingual skills may be required to test and be certified by
the Human Resources Manager or designee as to their language proficiency in order
to be eligible for said compensation. Eligibility for bilingual pay shall be limited to the
following languages: Spanish, Vietnamese, French, German, Japanese and sign
language.
F. Effective Date of Special Pay
All special pay shall be effective the first full pay period following certification and
verification as approved by the Department Head or designee.
G. No Pyramiding of Special Pay
Each special pay that is a percentage of base hourly pay shall not be counted towards
the value of any other special pay.
H. Reporting to PERS
Subject to State law and regulations, compensation paid as a result of this Article
shall be reported to PERS as special compensation.
ARTICLE VII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT
A. General Policy
The City provides uniforms to employees on active duty who are required to wear a
standard uniform for appearance, uniformity, and public recognition purposes.
B. Effected Employees
All employees shall wear a standard City adopted uniform. The standard adopted
uniform for MSOA employees is identified in the City of Huntington Beach Community
Services Department General Order Ill. The Department Head shall determine which
employees must wear a uniform.
C. Personal Protective Equipment
All personal protective equipment shall be provided based on employee safety needs
for the performance of duties as approved by the Department Head.
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Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit"A"
D. Employee Responsibilities
1. To wear a clean and complete uniform as required.
2. Uniform appearance shall be worn with pride in appearance to the public i.e., shirt
buttoned, shirt tail tucked in, etc.
3. To wash and provide minimum repair i.e., buttons, small tears, etc.
4. To not wear the uniform for other than City duties or work.
5. To notify supervisor of the need to replace due to disrepair or severe staining
producing an undesirable appearance.
6. To turn in all uniform components, including patches upon separation from
employment.
7. To turn in all personal protective equipment upon separation from employment.
8. To wear all personal protective equipment prescribed by the City safety officer
and/or Supervisor of the division.
E. City Responsibilities
1. To furnish funding for the agreed uniform allowances.
2. The City will report to the California Public Employees' Retirement System
(CaIPERS) the average annual cost of uniforms for each employee as special
compensation in accordance with Title 2, California Code of Regulations, Section
571(a)(5). For employees who are not required to wear a uniform on a daily basis
or who are not actively employed for an entire payroll calendar year, a prorated
cost of uniforms shall 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.
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Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit"A"
ARTICLE Vill - HOURS OF WORK/OVERTIME
A. Hours of Work Defined
For purposes of this article, approved vacation time, sick leave and compensatory
time shall count as hours worked.
B. Overtime/Compensato Time
1. Paid Overtime
Employees shall receive time and one half their salary rate for all time worked in
excess of their scheduled work shift.
2. Compensatory Time
Employees may elect to receive compensatory time off (to be accrued to a
maximum of 120 hours) in lieu of such overtime pay.
3. Court Time
a. Court Standby
Employees required to be on standby for a court appearance during other than
their scheduled working hours shall receive a minimum of two (2) hours straight
time pay (including differentials) for each morning and afternoon court
sessions.
b. Court Appearance
Employees required to appear in court during other than their scheduled
working hours shall receive a minimum of three (3) hours pay (including
differentials) at time and one half.
4. Holidays Worked
Employees who work on a recognized City holiday shall be compensated at time
and one-half of their base pay for hours worked.
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Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit"A"
C. 4110 Work Schedule Defined
The 4/10 work schedule shall be defined as working four (4) days for forty (40) hours
in a work week by working four(4) days at ten (10) hours per day.
The 4/10 work schedule is designed to be in compliance with the requirements of the
Fair Labor Standards Act (FLSA). All employees on the 4/10 work schedule are
subject to be called to work any time to meet any and all emergencies or unusual
conditions which, in the opinion of the City Administrator, Community Services
Department Director or their designee, may require such service from any of said
employees.
D. Shift Exchange
The Department shall allow employees to exchange work schedules and shifts among
those of equal rank and ability, providing prior approval is obtained from the
Department Director and the payback of the shift exchange is completed within sixty
(60) calendar days.
ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS
A. Health
The city shall continue to make available group medical, dental and vision benefits to
all association employees. The effective date for medical, dental and vision coverage
is the first of the month following date of hire.
1. California Public Employees' Retirement System - Public Employees' Medical
and Hospital Care Act (CaIPERS PEMHCA)
The City presently contracts with CaIPERS to provide medical coverage. The
City is required under CaIPERS PEMHCA to make a contribution to retiree
medical premiums. A retiree's right to receive a City contribution, and the City's
obligation to make payment on behalf of retirees, shall only exist as long as the
City contracts with CaIPERS for medical insurance. In addition, while the City
is in CaIPERS, its obligations to make payments on behalf of retirees shall be
limited to the minimum payment required by law.
a. PEMHCA Employer Contributions
The City shall contribute on behalf of each employee, the following sum per
month toward the payment of premiums for medical insurance under the
PEMHCA program. If the mandated minimum is increased from these
figures, the City shall make the appropriate adjustments by decreasing its
cafeteria contribution.
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Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit"A"
f
2004 $32.20
2005 $48.40
2006 $64.60
b. Maximum Employer Contributions
For the term of this agreement, the City's maximum monthly employer
contribution for each employee's health and other insurance premiums are
set forth in the charts below. The amounts listed below include the
mandated PEMHCA contribution.
PERS PERS Delta Delta VSP
BS PERSCARE PERSCHOICE PORAC Dental Dental
HMO KAISER (PPO) (HMO) Vision
EE 274.03 373.77 373.77 373.77 274.03 42.88 23.00 17.58
EE + 1 555.51 702.25 702.25 702.25 555.51 81.82 39.11 17.58
EE +2
or more 720.18 851.34 851.34 851.34 720.18 116.36 59.81 17.58
The employee shall not be entitled to the difference between the employer
contribution and the premiums for insurance plan(s) selected by the employee.
The City "caps" its contributions toward monthly group medical, dental and
vision plan premiums, by category (EE, EE + 1, and EE + 2 or more) and plan
as stated in the table above for the term of this agreement, even if premiums
increase. Employee contributions shall be made by payroll deductions on a
pre-tax basis.
2. Dental Insurance
Effective the first full pay period following City Council ratification of this
Memorandum of Understanding, the annual maximum benefit for the Delta
Dental plan will increase from $1000 to $2000 and the City's maximum
employer contribution rates for dental coverage shall apply as listed in A.1.b.
above.
3. Retiree (Annuitant) Coverage
As required by the Government Code retired employees (annuitants) shall
have available the ability to participate in the PEMHCA program. The City's
requirement to provide retirees and/or annuitants medical coverage is solely
governed by the Government Code that requires the City to extend this benefit
to retirees (annuitants). While the City is contracted with CaIPERS to
participate in the PEMHCA program, CaIPERS shall be the sole determiner of
eligibility for retiree and/or annuitant to participate in the PEMHCA program.
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Reso.No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit"A"
a. City Contribution (Unequal Contribution Method) for Retirees
As allowed by the Government Code and the CaIPERS Board, and
requested by the Association, the City shall use the Unequal Contribution
Method to make City contributions on behalf of each retiree or annuitant.
The following is an example of the sum per month toward the payment of
premiums for medical insurance under the PEMHCA medical insurance
program for a retiree or annuitant. The City shall make these payments
only while the City is a participant in the PEMHCA program.
2004 $1.00
2005 $3.42
2006 $6.65
b. Termination of Participation in the CaIPERS PEMHCA program — Impact to
Retirees
The City's requirement to provide retirees (annuitants) medical coverage is
solely governed by the Government Code requirement that PEMHCA
agencies extend this benefit to retirees (annuitants). If by agreement
between the Association and the City or if the City elects to impose
termination of its participation in the PEMHCA program, retirees
(annuitants) shall no longer be eligible for City provided medical insurance.
In the event that the City terminates its participation in the PEMHCA
program, the retiree medical subsidy program in place in Resolution No.
2000-123 Exhibit D to the Memorandum of Understanding shall be
reinstated. The City shall make any necessary modifications to conform to
the new City sponsored medical insurance plan.
4. Additional Costs for Participation in the PEMHCA program
a. Retiree and/or Annuitant Coverage
The Association shall pay to the City an amount equal to $1.00 per month
for each additional retiree and/or annuitant in the bargaining unit who elects
to participate in the PEMHCA plan but is not participating in the City
sponsored retiree medical program as of the beginning of a pay period after
the PEMHCA program is in place.
Each January 1st the amount per month paid to the City for each retiree
and/or annuitant described above shall increase by the amount PEMHCA
requires the City to pay on behalf of each retiree (annuitant). Article
MSOA MOU FINAL 03-06 10
Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit"A"
IX.A.3.a. provides an example of expected payments per retiree or
annuitant per month.
In the event of passage of State Legislation, Judicial Rulings, or CaIPERS
Board Actions that increases the mandatory minimum monthly contribution
for retirees (annuitants), the Association shall pay an equal amount to the
City.
Payments shall be made the first of the month (following implementation).
If the Association fails to make timely payments for two consecutive
months, the City shall implement a decrease in the supplemental benefit
contribution to health insurance for each unit employee by an amount equal
to the total increased cost paid by the City. [For example, if the increased
cost for retirees equals $6,000 per year, the monthly supplemental benefit
for each employee will be decreased as follows: $6,000 divided by twelve
(months) = $500, which is then divided by the number of employees
receiving supplemental benefits.
b. Termination Clause
The City and Association may each request termination of the City's
contract with CalPERS after the announcement of State Legislation,
Judicial Rulings, or a CalPERS Board Action that changes the employer's
contribution, insurance premiums or program changes to the CalPERS
medical plan.
The City and Association may elect to terminate its participation in the
CaIPERS PEMHCA program by mutual agreement through the meet and
confer process between the Association and the City.
B. Medical Cash-Out
If an employee is covered by a medical program outside of a city-provided
program (evidence must be supplied to the Human Resources Division), 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, so long as the contribution is in
accordance with applicable Internal Revenue Code or regulations. An employee
may elect to discontinue vision coverage. The employee premium paid for vision
coverage will be applied toward medical premium.
C. Section 125 Employee Plan
The City shall provide an Internal Revenue Code section 125 employee plan that
allows employees to use pre-tax salary to pay for regular childcare, adult
dependent care and/or unreimbursed medical expenses as determined by the
Internal Revenue Code.
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Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit "A"
D. Life and Accidental Death and Dismemberment (AD&D) Insurance Coverage
The City will provide $50,000 of term life insurance and $50,000 of AD&D
insurance coverage for each employee at City cost without evidence of
insurability other than evidence of full time employment status. Optional
insurance is available at the employee's own cost.
E. Long Term Disability Insurance
1. The existing long-term disability program provided employees by the city shall
remain in effect This program provides for each incident of illness or injury,
pay up to sixty (60) calendar days at the employee's salary rate (excluding
overtime but including any special pay in effect at the time of illness of
injury). After the sixty (60) calendar day period, the employee will be covered
by an insurance plan paid for by the city which will provide 66 2/3% of the
employee's salary rate (excluding overtime and any special pay) up to a
maximum of$10,000 a month in accordance with the following:
Disability Due to Disability Due to
Accident Illness
First 60 Days Regular Pay Regular Pa
Next 24 Months 66 2/3% of Base Pav 66 2/3% of Base Pa
To age 65 66 2/3% of Base Pay I None
Days and months refer to calendar days and months
2. Plan integrated with Workers' Compensation, Social Security and other non-
private program benefits to which entitled.
3. Disability is defined as the inability to perform all of the duties of regular
occupation during two (2) years and thereafter the inability to engage in any
employment or occupation for which he is fitted by reason of education,
training or experience.
4. Survivors' benefit continues plan payment for three (3) months beyond death.
5. The terms and conditions of the disability insurance coverage are set forth in
the policy, a copy of which is on file in the Human Resources Division office.
In the event of any conflict between the policy and this article, the policy shall
control. The city may change insurance companies, policies, or self-insure this
benefit, provided that the plans shall remain comparable to that currently in
effect.
MSOA MOU FINAL 03-06 12
Reso.No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit"A"
ARTICLE X - RETIREMENT
A. Benefits
1. Public Employees' Retirement System
The City shall provide the 3% @ Age 50 retirement formula set forth in California
Government Code Section 21362.2 for all safety employees represented by the
Association.
If at any time after the implementation of the 3% at age 50 formula the City is
required to make retirement contributions with respect to employees represented
by the Association, the amount with respect to which each employee is reimbursed
pursuant to Article X.B.1. shall be reduced by a percentage equal to one-half of
the percentage of compensation earnable the City is required to pay in retirement
contributions to PERS, not to exceed 2.25%. For example, if the City is required
to contribute an amount equal to 2% of each employee's "compensation
earnable," the amount of the reimbursement shall be reduced from 9% of the
employee's compensation eamable to 8% of the employee's compensation
earnable. If, on the other hand, the City is required to contribute an amount equal
to 8% of each employee's "compensation earnable," the amount of the
reimbursement shall be reduced to 6.75% of the employee's compensation
earnable.
2. Self-Funded Supplemental Retirement Benefit
In the event a member elects Option #2 (Section 21333) or Option #3 (Section
21334) of the Public Employees' Retirement Law, and the member is a unit
employee who was hired before the adoption of this Memorandum of
Understanding, the City shall pay the difference between such elected option and
the unmodified allowance which the member would have received for his or her lift
alone. This payment shall be made only to the member, shall be payable by the
City during the life of the member, and upon that member's death, the City's
obligation shall cease. The method of funding this benefit shall be at the sole
discretion of the City. This benefit is vested for employees hired before November
2, 1998. All unit employees hired on or after November 2, 1998 shall not be
eligible for this benefit. (Note: The options provide that the allowance is payable
to the member until his or her death, and then either the entire allowance (Option
#2), or one-half of the allowance (Option #3) is paid to the beneficiary for life).
3. 1959 Survivors' Benefit Level IV
Members of the City's safety retirement plan shall be covered by the Fourth Level
of the 1959 Survivor Benefit.
MSOA MOU FINAL 03-06 13
Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit"A"
4. Medical Insurance for Retirees
As required by the Government Code, while the City is contracted with Ca1PERS
to participate in the PEMHCA program, retired employees (annuitants) shall have
available the ability to participate in the Public Employees' Medical and Hospital
Care Act (PEMHCA) program. CaIPERS shall be the sole determiner of eligibility
for retiree (annuitant) to participate in the PEMHCA program.
B. Public Employees' Retirement System Reimbursement and Reporting:
1. Employees' Contribution:
Each employee covered by this agreement shall be reimbursed an amount equal
to 9% of the employee's base salary plus education incentive pay as pickup of a
portion of each employee's PERS contribution. The above PERS pickup is not
base salary but are done pursuant to Section 414(h)(2) of the Internal Revenue
Code.
C. Health Savings Account for Post Retirement Medical Benefits
The City shall implement a voluntary health savings account plan during the term of
the agreement for the purpose of allowing employees the opportunity to fund post
medical retirement health premiums.
D. Pre-Retirement Optional Settlement 2 Death Benefit
As soon as practicable after City Council ratification of this Memorandum of
Understanding, the City shall amend its PERS contract for safety employees to add
the Pre-Retirement Optional Settlement 2 Death Benefit.
ARTICLE XI - LEAVE BENEFITS
A. Vacation:
The purpose of annual vacation is to provide a rest period, which will enable each
employee to return to work physically and mentally refreshed.
1. Accrual: Permanent employees in City service, having an average workweek of
forty (40) hours, shall accrue annual vacations with pay in accordance with the
following:
Years of Service Vacation Allowance
First through Fourth Year 112 hours
Fifth through Ninth Year 136 hours
Tenth through Fourteenth Year 160 hours
Fifteenth Year and Thereafter 192 hours
MSOA MOU FINAL 03-06 14
Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit "A"
2. Eligibility and Permission
a. All employees shall be entitled to annual vacation with pay except under the
following circumstances:
1) Employees who have not completed six (6) months continuous service
with the City.
2) Employees who work less than full-time.
3) Employees on leave of absence.
b. For the purpose of computing vacation, an employee's anniversary date shall
be the most recent date on which he commenced full-time City employment.
c. No vacation may be taken until the completion of six (6) months of service.
Permanent, part-time employees assigned a work schedule of less than 30
hours but more than 20 hours per week shall receive vacation in one-half the
amounts set forth above. Employees assigned to a workweek of less than 40
and more than 30 hours per week shall receive vacation in three-fourths the
amounts set forth above.
d. No employee shall be permitted to take a vacation in excess of actual time
earned and vacation shall not be accrued in excess of 320 hours. Vacations
shall be taken only with permission of the department head; however, the
department head shall schedule all vacations with due consideration for the
wish of the employee and particular regard for the need of the department.
3. Conversion to Cash
An employee may elect to take up to 80 hours of pay per fiscal year for accrued
vacation in lieu of time off. It is the intent of the parties that employees will take
vacation during the fiscal year.
a. Cash Advance
Upon two week written notification to the Director of Finance, each employee
shall be entitled to receive his earned vacation pay, less deductions, in
advance, prior to his regular scheduled annual vacation. Such advancements
are limited to one during each employee's anniversary year.
b. Pay-Off at Termination
No employee shall be paid for unused vacation other than upon termination of
employment at which time such terminating employee shall receive
compensation at his current salary rate for all unused, earned vacation to
which he is entitled up to and including the effective date of his termination.
MSOA MOU FINAL 03-06 15
Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit"A"
B. Sick Leave
As of July 31, 1974, all sick leave accumulation was frozen for purposes of payoff
upon termination and no additional time will be accumulated. Salary continuation
for approved sick leave is covered under Article IX.E.
C. Leave Benefit Entitlements
Employees will be allowed to use up to one-half of their annual sick leave accrual
for family sick leave, pursuant to the provisions of California Labor Code Section
233, for an employee to care for a child, parent, or spouse during illness.
The city will provide family and medical care leave for eligible employees that meet
all requirements of State and Federal law. Rights and obligations are set forth in
the Department of Labor Regulations implementing the Family Medical Leave Act
(FMLA), and the regulations of the California Fair Employment and Housing
Commission implementing the California Family Rights Act (CFRA).
The City shall comply with all State and Federal leave benefit entitlement laws. An
employee on an approved leave shall be allowed to use paid sick leave and
earned vacation, and/or compensatory time for the duration of the approved leave.
D. Bereavement Leave
Employees shall be entitled to bereavement leave not to exceed three (3) working
days per calendar year in instance of death in the immediate family. Immediate
family is defined as father, mother, sister, brother, spouse, children, grandfather,
grandmother, stepfather, stepmother, stepgrandfather, stepg rand mother,
grandchildren, stepsisters, stepbrothers, mother-in-law, father-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the
employee is the legal guardian.
E. Deferred Compensation/ Leave Cash-Out
The value of any unused earned leave benefits may be transferred to deferred
compensation in connection with separation from employment, but only during the
time that the employee is actively employed with the City. The employee must
request the transfer no later than the pay period prior to the employee's last day of
employment.
MSOA MOU FINAL 03-06 16
Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit"A"
F. Voluntary Catastrophic Leave Donation Program
Under certain conditions, employees may donate leave time to another employee
in need. The program is outlined in Exhibit F of this Memorandum of
Understanding.
ARTICLE XII - CITY RULES
All Memorandum of Understanding provisions that supercede the City's Personnel Rules
shall automatically be incorporated into the City's Personnel Rules as applicable.
ARTICLE XIII - MISCELLANEOUS
A. Salary Upon Appointment
When an appointment of a recurrent lifeguard to the classification of Marine Safety
Officer occurs, the salary step upon appointment shall be determined in the same
manner as salary step upon promotions under the City's Personnel Rules.
B. Physical Examinations
The City agrees to pay for bi-annual physical examinations, to include stress EKG,
when authorized by the Department Head, with the understanding that results
thereof may be utilized for corrective action and the determination of the
employee's continued ability to perform duties of the position. A copy of the
physical examination shall be provided to the employee upon his request.
C. Conditioning Time
Unit employees may be allowed up to one hour on each regularly scheduled shift
to be used for physical conditioning.
D. 1,500 Hour Recurrent Employees
The Association agrees to permit the City to implement a 1,500-work hour per year
in non-HBMSOA positions, subject to official change in Personnel Rules 5-24.
E. Collection of Payroll Overpayments
In the event that a payroll over payment is discovered and verified, and
considering all reasonable factors including the length of time that the over
payment was made and if and when the employee could have reasonably known
about such over payment, the City will take action to collect from the employee the
amount of over payment(s). Such collection shall be processed by payroll
MSOA MOU FINAL 03-06 17
Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit"A"
deduction over a reasonable period of time considering the total amount of over
payment.
In the event the employee separates from employment during the collection
period, the final amount shall be deducted from the last payroll check of the
employee. If applicable, the balance due from the employee shall be
communicated upon employment separation if the last payroll check does not
sufficiently cover the amount due the City.
It shall be the responsibility of the employee and the City to periodically monitor
the accuracy of compensation payments or reimbursements due to the possibility
of a clerical oversight or error. The City reserves the right to also collect
compensation over payments caused by or the result of misinterpretation of a pay
provision by non-authorized personnel. The interpretation of all pay provisions
shall be administered by the City Administrator or designee and as adopted by the
City Council. Unauthorized compensation payments shall not constitute a past
practice.
MSOA MOU FINAL 03-06 18
Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit"A"
ARTICLE XIV - CITY COUNCIL APPROVAL
It is the understanding of the City and the Association that this Memorandum of
Understanding is of no force or affect whatsoever unless and until adopted by Resolution
of the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this /I day of ` '�p���Q, 2005.
CITY OF HUNTINGTON BEACH HUNTINGTON BEACH
A Municipal Corporation MARINE SAFETY OFFICERS' ASSN.
p P
By: L�� / By:
Pendiope Culbreth-Graft Eric Ching
City Administrator President MSOA
B B :
E Tft S! A7zciG0'
Irm Yousse ' Mark Reid
H an Resources Manager Business Agent
ROVED AS TO FORM
By:
*JennifekMc:G—raW,
City Attorney f
MSOA MOU FINAL 03-06 19
Reso. No. 2005-65
Exhibit "A"
MARINE SAFETY OFFICERS' ASSOCIATION
ARTICLE XIV- CITY COUNCIL APPROVAL
It is the understanding of the City and the Association that this Memorandum of
Understanding is of no force or affect whatsoever unless and until adopted by Resolution
of the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this. 9 7*day of Ooemffl sd, 2005.
CITY OF HUNTINGTON BEACH HUNTINGTON BEACH
A Municipal Corporation MARINE SAFETY OFFICERS'ASSN.
By: By:
Penelope Culbreth-Graft Eric Ching
City Administrator President MSOA
By: By:
Irmh Yousse ' ark Reid
H4tnan Resources Manager Business Agent
APPROVED AS TO FORM
By:
Jennifer McGrath,
City Attorney
MSOA MOU FINAL 03-06 19
Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit"A"
EXHIBIT A— MSOA SALARY SCHEDULE
Effective September 25, 2004
(Wage increase of 4%)
Step
Job Code Classification Range A B C D E
0467 Marine Safety Officer 1 494 $4,441 $4,685 $4,943 $5,216 $5,502
$25.62 $27.03 $28.52 $30.09 $31.74
0468 Marine Safety Officer 11 519 $5,032 $5,309 $5,601 $5,909 $6,234
$29.03 $30.63 $32.31 $34.09 $35.96
0105 Marine Safety Lieutenant 542 $5,644 $5,955 $6,282 $6,627 $6,991
$32.56 $34.35 $36.24 $38.23 $40.33
Effective September 24, 2005
(Wage increase of 4%)
Step
Job Code Classification Range A B C D E
0467 Marine Safety Officer 1 502 $4,619 $4,873 $5,143 $5,426 $5,724
$26.65 $28.12 $29.67 $31.30 $33.02
0468 Marine Safety Officer 11 527 $5,236 $5,524 $5,828 $6,149 $6,487
$30.21 $31.87 $33.62 $35.47 $37.42
0105 Marine Safety Lieutenant 550 $5,872 $6,195 $6,536 $6,895 $7,274
$33.88 $35.74 $37.71 $39.78 $41.97
MSOA MOU FINAL 03-06 20
Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit "A"
EXHIBIT B — DELTA CARE (PMI) DENTAL PLAN BROCHURE
DELTA CARE (PMI) DENTAL PLAN BROCHURE
A copy of the Delta Care (PMI) Plan Brochure
may be obtained from the Human Resources Division
MSOA MOU FINAL 03-06 21
Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit"A"
EXHIBIT C — DELTA DENTAL PLAN BROCHURE
DELTA DENTAL PLAN BROCHURE
I
A copy of the Delta Dental Plan Brochure
may be obtained from the Human Resources Division
MSOA MOU FINAL 03-06 22
Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit"A"
EXHIBIT D — SERVICE CREDIT SUBSIDY PLAN
An employee who has retired from the City and meets the plan participation requirements
shall receive a monthly Service Credit Subsidy to reimburse the retiree for the payment of
qualified medical expenses incurred for the purchase of medical insurance.
Plan Participation Requirements
1. At the time of retirement the employee has a minimum of ten (10) years of continuous
regular (permanent) City service or is granted an industrial disability retirement; and
2. At the time of retirement the employee is employed by the City; and
3. Following official separation from the City, the employee is granted a retirement
allowance by the California Public Employees' Retirement System (CaIPERS).
The City's obligation to pay the Service Credit Subsidy as indicated shall be modified
downward or cease during the lifetime of the retiree upon the occurrence of any one
of the following:
a. During any period the retired employee is eligible to receive or receives medical
insurance coverage at the expense of another employer, the payment will be
suspended. "Another employer" as used herein means private employer or public
employer or the employer of a spouse. As a condition of being eligible to receive
the Service Credit Subsidy as set forth in this plan, the City shall have the right to
require any retiree to annually certify that the retiree is not receiving or eligible to
receive any such medical insurance benefits from another employer.
If it is later discovered that a misrepresentation has occurred, the retiree will be
responsible for reimbursement of those amounts inappropriately expended and
the retiree's eligibility to receive further benefits will cease.
b. On the first of the month in which a retiree or dependent reaches age 65 or on the
date the retiree or dependent can first apply and become eligible, automatically or
voluntarily, for medical coverage under Medicare (whether or not such application
is made) the City's obligation to pay Service Credit Subsidy may be adjusted
downward or eliminated.
c. In the event of the death of an eligible employee, whether retired or not, the
amount of the Service Credit Subsidy benefit which the deceased employee was
eligible for at the time of his/her death shall be paid to the surviving spouse or
dependent for a period not to exceed twelve (12) months from the date of death.
4. Minimum Eligibility for Benefits With the exception of an industrial disability
retirement, eligibility for Service Credit Subsidy begins after an employee has
completed ten (10) years of continuous regular (permanent) service with the City of
MSOA MOU FINAL 03-06 23
Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit"A"
EXHIBIT D — SERVICE CREDIT SUBSIDY PLAN
Huntington Beach. Said service must be continuous unless prior service is reinstated
at the time of his/her rehire in accordance with the City's Personnel Rules.
To receive the Service Credit Subsidy retirees are required to purchase medical
insurance from City sponsored plans. The City shall have the right to require any
retiree (annuitant) to annually certify that the retiree is purchasing medical insurance
benefits.
5. Disability Retirees - Industrial disability retirees with less than ten (10) years of service
shall receive a maximum monthly payment toward the premium for health insurance
of $120. Payments shall be in accordance with the stipulations and conditions, which
exist for all retirees.
6. Service Credit Subsidy — Payment shall not exceed dollar amount, which is equal to
the qualified medical expenses incurred for the purchase of city sponsored medical
insurance.
7. Maximum Monthly Service Credit Subsidy Payments - All retirees, including those
retired as a result of disability whose number of years of service prior to retirement
exceeds ten (10), continuous years of regular (permanent) service shall be entitled to
maximum monthly Service Credit Subsidy by the City for each year of completed City
service as follows:
Maximum Service Credit Subsidy Retirements After:
Service Credit
Years of Service Subsidy
10 $ 120
11 135
12 150
13 165
14 180
15 195
16 210
17 225
18 240
19 255
20 270
21 285
22 299
23 314
24 329
25 343
The Service Credit Subsidy will be reduced every January 1st by an amount
equal to any required amount to be paid by the City on behalf of the retiree
MSOA MOU FINAL 03-06 24
Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit "A"
EXHIBIT D — SERVICE CREDIT SUBSIDY PLAN
(annuitant). Article IX.A.3.a. provides an example of expected reductions per
retiree per month.
8. Medicare
a. All persons are eligible for Medicare coverage at age 65. Those with
sufficient credited quarters of Social Security will receive Part A of
Medicare at no cost. Those without sufficient credited quarters are still
eligible for Medicare at age 65, but will have to pay for Part A of Medicare if
the individual elects to take Medicare. In all cases, the participant pays for
Part B of Medicare.
b. When a retiree and his/her spouse are both 65 or over, and neither is
eligible for paid Part A of Medicare, the Service Credit Subsidy shall pay
for Part A for each of them or the maximum subsidy, whichever is less.
c. When a retiree at age 65 is eligible for paid Part A of Medicare and his/her
spouse is not eligible for paid Part A of Medicare, the spouse shall not
receive the subsidy. When a retiree at age 65 is not eligible for paid Part A
of Medicare and his/her spouse who is also age 65 is eligible for paid Part
A of Medicare, the subsidy shall be for the retiree's Part A only.
9. Cancellation
a. For retirees/dependents eligible for paid Part A of Medicare, the following
cancellation provisions apply:
i. Coverage for a retiree under the Service Credit Subsidy Plan will be
eliminated on the first day of the month in which the retiree reaches
age 65.
ii. At age 65 retirees are eligible to make application for Medicare.
Upon being considered "eligible to make application," whether or not
application has been made for Medicare, the Service Credit Subsidy
Plan will be eliminated.
MSOA MOU FINAL 03-06 25
Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit "A"
EXHIBIT E — MODIFICATIONS TO EMPLOYEE-EMPLOYER RELATIONS RESOLUTION
A. Employer-Employee Relations Resolution
1. Modification of Section 7 Decertification and Modification
a) The City and the Association desire to maintain labor stability within the
representational unit to the greatest extent possible, consistent with the
employee's right to select the representative of his or her own choosing. For these
purposes, the parties agree that this Agreement shall act as a bar to
appropriateness of this unit and the selection of the representative of this unit,
except during the month of August prior to the expiration of this Agreement.
Changes in bargaining unit shall not be effective until expiration of the MOU,
except as may be determined by the Personnel Commission pursuant to the
procedures outlined below. This provision shall modify and supersede the time
limits, where inconsistent, contained in Section 7 of the current Employer-
Employee Relations Resolution of the City of Huntington Beach.
b) The City and the Association have agreed to a procedure whereby the City, by and
through the Personnel Director, would be entitled to propose a Unit Modification.
The Association and the City agree to jointly recommend a modification of the City
of Huntington Beach Employer-Employee Relations Resolution (Resolution
Number 3335) upon the City's having completed its obligation to meet and confer
on this issue with all other bargaining units.
The proposed change to the Employer-Employee Relations Resolution is as
follows:
7-3. Personnel Direction Motion of Unit Modification — The Personnel Director
may propose, during the same period for filing a Petition for Decertification, that an
established unit be modified in accordance with the following procedure:
1) The Personnel Director shall give written notice of the proposed Unit
Modification of Modifications to all employee organizations that may be
affected by the proposed change. Said written notification shall contain the
Personnel Director's rationale for the proposed change including all information
which justifies the change pursuant to the criteria established in Section 6-5 for
appropriateness of Units. Additionally, the Personnel Director shall provide all
affected employee organizations with all correspondence, memoranda, and
other documents which relate to any input regarding the Unit Modification
which may have been received by the City or from affected employees and/or
sent by the City to affected employees;
2) Following receipt of the Personnel Director's Proposal for Unit Modification any
affected employee organization shall be afforded not less than thirty (30) days
to receive input from its members regarding the proposed change and to
formulate a written and/or oral response to the Motion for Unit Modification to
the Personnel Commission;
MSOA MOU FINAL 03-06 26
Reso. No. 2005-65
Exhibit"A"
MARINE SAFETY OFFICERS' ASSOCIATION
EXHIBIT E — MODIFICATIONS TO EMPLOYEE-EMPLOYER RELATIONS RESOLUTION
3) The Personnel Commission shall conduct a noticed Public Hearing regarding
the Motion for Unit Modification at which time all affected employee
organizations and other interested parties shall be heard. The Personnel
Commission shall make a determination regarding the proposed Unit
Modification which determination may include a granting of the motion, a
denying of the motion, or other appropriate orders relating to the appropriate
creation of Bargaining Units. Following the Personnel Commission's
determination of the composition of the appropriate Unit or Units, it shall give
written notice of such determination to all affected employee organizations;
4) Any party who chooses to appeal from the decision of the Personnel
Commission is entitled to appeal in accordance with the provision of Section
14-4 of Resolution Number 3335.
B. During the term of the agreement, the City and the Association agree to update the
Employee-Employer Relations Resolution to reflect current State law.
MSOA MOU FINAL 03-06 27
Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit"A"
EXHIBIT F —VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
Guidelines
1. Purpose
The purpose of the voluntary catastrophic leave donation program is to bridge
employees who have been approved leave time to either; return to work, long-
term disability, or medical retirement. Permanent employees who accrue
vacation, general leave or compensatory time may donate such leave to another
permanent employee when a catastrophic illness or injury befalls that employee
or because the employee is needed to care for a seriously ill family member. The
leave-sharing Leave Donation Program is Citywide across all departments and is
intended to provide an additional benefit. Nothing in this program is intended to
change current policy and practice for use and/or accrual of vacation, general, or
sick leave.
2. Definitions
Catastrophic Illness or Injury - A serious debilitating illness or injury, which
incapacitates the employee or an employee's family member.
Family Member - For the purposes of this policy, the definition of family member
is that defined in the Family Medical Leave Act (child, parent, spouse or
domestic partner).
3. Eligible Leave
Accrued compensatory, vacation or general leave hours may be donated. The
minimum donation an employee may make is two (2) hours and the maximum is
forty (40) hours.
4. Eligibility
Permanent employees who accrue vacation or general leave may donate such
hours to eligible recipients. Compensatory time accrued may also be donated.
An eligible recipient is an employee who:
• Accrues vacation or general leave;
• Is not receiving disability benefits or Workers' Compensation payments;
and
• Requests donated leave.
MSOA MOU FINAL 03-06 28
Reso. No. 2005-65
Exhibit"A"
MARINE SAFETY OFFICERS' ASSOCIATION
EXHIBIT F —VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
5. Transfer of Leave
The maximum donation credited to a recipient's leave account shall be the
amount necessary to ensure continuation of the employee's regular salary during
the employee's period of approved catastrophic leave. Donations will be
voluntary, confidential and irrevocable. Hours donated will be converted into a
dollar amount based on the hourly wage of the donor. The dollar amount will
then be converted into accrued hours based on the recipient's hourly wage.
An employee needing leave will complete a Leave Donation Request Form and
submit it to the Department Director for approval. The Department Director will
forward the form to Human Resources for processing. Human Resources,
working with the department, will send out the request for leave donations.
Employees wanting to make donations will submit an Authorization for Donation
to the Human Resources Division (payroll).
All donation forms submitted to payroll will be date stamped and used in order
received for each bi-weekly pay period. Multiple donations will be rotated in
order to insure even use of time from donors. Any donation form submitted that
is not needed will be returned to the donor.
6. Other
Please contact the Human Resources Division on questions regarding employee
participation in this program.
MSOA MOU FINAL 03-06 29
Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit "A"
EXHIBIT F —VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
Voluntary Catastrophic Leave Donation Program
Leave Request Form
According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated
vacation, general leave or compensatory time.
MY SIGNATURE CERTIFIES THAT:
• A leave of absence in relation to a catastrophic illness or injury has been approved by my department;and
• 1 am not receiving disability benefits or Workers'Compensation payments.
-Name (Please Print)
ork Phone: :Department:
?�bTitle: ;Employee ID#:
Requester Signature Date:
Department Director Signature of Support Date:
JR .an Re yes bt3n inn 'Fri rta
K INN
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T Ftn attr
f Le �FrE3�tdlrig V
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4
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Please return to the Human Resources Division for processing.
MSOA MOU FINAL 03-06 30
Reso. No. 2005-65
MARINE SAFETY OFFICERS' ASSOCIATION Exhibit"A"
EXHIBIT F —VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
Voluntary Catastrophic Leave Donation Program
Leave Donation Form
Donor, please complete
Donor Name. (Please Print)
ork Phone
Donor Job Title:
Hours of Vacat►on Comp or General leave I 7sh Donate _
I understand that this voluntary donation of leave credits, once processed, is irrevocable;
but if not needed, the donation will be returned to me. I also understand that this donation will
remain confidential
I wish to donate my accrued vacation, comp or general leave hours to the Leave Donation
Program for:
Eligible recipient employee's name
Donor Signature Date:
Please submit to Payroll in the Human Resources Division.
MSOA MOU FINAL 03-06 31
Res. No. 2005-65
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. 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 19th day of
September, 2005 by the following vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr
NOES: None
ABSENT: Cook
ABSTAIN: None
Ci Clerk and ex-officio erk of the
City Council of the City of
Huntington Beach, California