HomeMy WebLinkAboutCity Council - 2017-39 RESOLUTION NO. 2017-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (HBFA)
AND THE CITY FOR JULY 1, 2017 THROUGH JUNE 30, 2018
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 Firefighters' Association (HBFA), 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 Manager is authorized to
execute this Agreement. Such Memorandum of Understanding shall be effective for the term of
July 1, 2017 through June 30, 2018.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on theme day of tt4t gol 7.
S"Lh,7
ayor
APPROVED AS ORM.
City Attorney
INIT D�'ND APP ' ED:
eetor of Human Resources
REVIE E D APPROVED:
City/Manager
17-5936/162536/mv
Memorandum of Understanding
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The Huntington Beach
Firefighters' Association
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July 1 , 2017 through June 30, 2018
TABLE OF CONTENTS
ARTICLE I-REPRESENTATIONAL UNIT/CLASSIFICATIONS.....................................................................................1
ARTICLE II—EXISTING CONDITIONS OF EMPLOYMENT...........................................................................................1
ARTICLE III-SEVERABILITY...............................................................................................................................................2
ARTICLE IV—SALARY SCHEDULES...................................................................................................................................2
ARTICLE V—SPECIAL PAY....................................................................................................................................................2
A. EDUCATION......................................................................................................................................................2
1. Incentive Plan...................................................................................................................................................................2
a. Level .....................................................................................................................................................................2
b. Level II...................................................................................................................................................................2
C. Maximum Education Incentive Pay.........................................................................................................................2
d. Degree Majors........................................................................................................................................................3
e. Education Committee.............................................................................................................................................3
f. Effective Date.........................................................................................................................................................3
B. ACTING ASSIGNMENTS....................................................................................................................................3
C. ADMINISTRATIVE APPOINTMENTS ..................................................................................................................3
1. Administrative Appointments..........................................................................................................................................3
2. Pay Upon Completion of Administrative Appointment...................................................................................................3
D. PAY UPON COMPLETION OF PARAMEDIC DUTIES...........................................................................................4
E. SPECIAL CERTIFICATION/SPECIAL ASSIGNMENT SKILL PAY..........................................................................4
1. Special Certification Pay..................................................................................................................................................4
a. Chief Officer Certification......................................................................................................................................4
b. Fire Officer Certification........................................................................................................................................4
C. Chief Fire Officer Courses/Classes.........................................................................................................................4
d. Company Officer Courses/Classes.........................................................................................................................5
2. State Board of Fire Service Certification.........................................................................................................................5
3. Paramedic Re-certification...............................................................................................................................................5
4. Preceptors.........................................................................................................................................................................6
5. Firefighter Tiller Certification..........................................................................................................................................6
a. Tiller Certification..................................................................................................................................................6
b. Class A,B,C Driver License...................................................................................................................................6
C. Light Air Unit.........................................................................................................................................................6
6. Bilingual Skill Pay...........................................................................................................................................................6
7. Investigator.......................................................................................................................................................................7
8. Urban Search and Rescue(USAR)Team Assignment Pay.............................................................................................8
9. Hazardous Materials(Hazmat)Team Assignment Pay....................................................................................................8
10. Rank Paramedic Assignment Pay.....................................................................................................................................8
11. Special Certification Pay..................................................................................................................................................8
F. HOLIDAY PAY-IN-LIEU....................................................................................................................................9
G. LONGEVITY PAY............................................................................................................................................ 10
H. EMERGENCY MEDICAL TECHNICIAN PAY.............................................................................10
I. REPORTING To CALPERS..................................................................................................... 10
ARTICLE VI—UNIFORMS,CLOTHING,TOOLS AND EQUIPMENT..........................................................................10
A. UNIFORMS PROVIDED BY CITY...................................................................................................................... 10
B. UNIFORM ALLOWANCE/FITNESS................................................................................................................... 10
C. UNIFORM CARE AND REPLACEMENT............................................................................................................. 11
D. UNIFORM POLICIES AND ADVISORY COMMITTEE......................................................................................... I I
E. REPORTABLE TO PERS.................................................................................................................................. 11
ARTICLE VII—HOURS OF WORK/OVERTIME...............................................................................................................12
A. WORK SCHEDULE.......................................................................................................................................... 12
B. HOURS OF WORK-DEFINED.......................................................................................................................... 12
C. LEVEL PAY PLAN........................................................................................................................................... 13
HBFA MOU July I,2017—June 30,2018 ii
TABLE OF CONTENTS
1. Twenty-four(24) Hour Shift Personnel......................................................................................................................... 13
3. Lost Time Defined......................................................................................................................................................... 13
4. Forty(40) Hour Work Week.......................................................................................................................................... 13
5. 4/10 Work Schedule Defined......................................................................................................................................... 13
D. OVERTIME/COMPENSATORY TIME......................._............................................__............____................ 14
1. Paid Overtime ................................................................................................................................................................ 14
2. Compensatory Time....................................................................................................................................................... 14
a. Non-Exempt..........................................................................................................................................................14
b. Staff Personnel...................................................................................................................................................... 14
C. Compensatory Time Paid Off............................................................................................................................... 15
3. Callback.........................................................................................................................................................................15
4. Mandatory Standby........................................................................................................................................................15
5. Electronic Communication Devices............................................................................................................................... 15
6. Required Training Attendance....................................................................................................................................... 15
7. Cancellation of Overtime............................................................................................................................................... 15
8. Court Time..................................................................................................................................................................... 16
9. Pay out of Rank.............................................................................................................................................................. 16
E. JURY DUTY.................................................................................................................................................... 16
F. SHIFT EXCHANGE/RELIEF.............................................................................................................................. 16
G. ASSIGNED SHIFT POLICY............................................................................................................................... 17
H. MINIMUM STAFFING AND FILLING VACANCIES............................................................................................ 17
1. Minimum Staffing Levels..............................................................................................................................................17
I. PROBATIONARY PERIOD................................................................................................................................17
1. Lengthh of the Probationary Period............................................................................................................................... 17
2. Extension of the Probationary Period............................................................................................................................. 17
ARTICLE VIII—HEALTH AND OTHER INSURANCE BENEFITS................................................................................18
A. HEALTH INSURANCE...................................................................................................................................... 18
B. ELIGIBILITY CRITERIA AND COST ................................................................................................................. 18
1. City Paid Medical Insurance—Employee and Dependents............................................................................................18
2. Employer Contribution to Health and Other Insurance Benefits.................................................................................... 18
C. PUBLIC EMPLOYEES'MEDICAL AND HOSPI'I'AL CARE Aur(PEMHCA)OPTION.........................................22
D. MEDICAL CASH-OU-r.....................................................................................................................................22
ESECTION 125 PLAN........................................................................................................................................22
F. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT...............................................................................22
I. Life.................................................................................................................................................................................22
2. Accidental Death and Dismemberment..........................................................................................................................22
G. LONG TERM DISABILITY................................................................................................................................22
H. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR TFIE CITY MEDICAL RETIREE SUBSIDY PLAN ...........22
I. POST-65 SUPPLEMENTAL MEDICARE COVERAGE..........................................................................................23
J. MISCELLANEOUS...........................................................................................................................................23
ARTICLEIX—RETIREMENT...............................................................................................................................................23
A. BENEFITS.................................
1. Public Employees' Retirement System..........................................................................................................................23
h. Reporting of Base Salary......................................................................................................................................24
2. Self-Funded Supplemental Retirement Benefit..............................................................................................................25
3. Medical Insurance for Retirees.......................................................................................................................................25
B. REINSTATEMENT PRIVILEGES FOR DISABILITY RETIREES............................................................................26
ARTICLEX—LEAVE BENEFITS..........................................................................................................................................26
A. LEAVE WITH PAY...........................................................................................................................................26
1. Vacation.........................................................................................................................................................................26
a. Accrual .................................................................................................................................................................26
b. Eligibility and Permission.....................................................................................................................................27
C. Conversion to Cash...............................................................................................................................................27
FIBFA MOU July 1,2017—June 30,2018 iii
TABLE OF CONTENTS
d. Pay-Off at Termination.........................................................................................................................................28
2. Sick Leave......................................................................................................................................................................28
a. Accrual .................................................................................................................................................................28
b. Pay-Off at Termination.........................................................................................................................................28
C. Utilization in Conjunction with Industrial Disability Leave.................................................................................28
3. Leave Benefit Entitlements............................................................................................................................................28
4. Bereavement...................................................................................................................................................................29
5. Association Business......................................................................................................................................................29
ARTICLE XI—CITY RULES..................................................................................................................................................29
A. PERSONNEL RULES........................................................................................................................................29
B. PRECEDENCE OF AGREEMENT.......................................................................................................................29
C. DISCIPLINE.....................................................................................................................................................29
D. LAYOFF RULES ..............................................................................................................................................29
ARTICLE XII - MISCELLANEOUS.......................................................................................................................................29
A. FIRE DEPARTMENT PROMOTIONAL EXAMS —POLICY D-10.........................................................................29
B. LIVING QUARTERS.........................................................................................................................................29
C. PAYCHECKS...................................................................................................................................................30
1. Bi-Weekly Pay...............................................................................................................................................................30
2. Paycheck Stub................................................................................................................................................................30
3. Direct Deposit................................................................................................................................................................30
4. Vacation Payroll Advance..............................................................................................................................................30
D. CA DRIVER LICENSE,FOR FIREFIGHTING EQUIPMENTT..................................................................................30
E. DEFERRED COMPENSATION LOAN PROGRAM...............................................................................................31
ARTICLEXIII—MANAGEMENT RIGHTS.........................................................................................................................31
ARTICLEXIV—TERM OF MOU..........................................................................................................................................31
ARTICLE XV-CITY COUNCIL APPROVAL.....................................................................................................................32
ARTICLE XVI -SUCCESSOR NEGOTIATIONS................................................................................................................32
EXHIBIT A—EMPLOYER-EMPLOYEE RELATIONS RESOLUTION..........................................................................33
EXHIBITB-SALARY SCHEDULE.......................................................................................................................................34
EXHIBIT C—RETIREE SUBSIDY MEDICAL PLAN.........................................................................................................36
EXHIBITD—TILLER CERTIFICATION.............................................................................................................................41
EXHIBIT E—INCOME PROTECTION PLAN.....................................................................................................................42
EXHIBIT F—56-HOUR VACATION AND SICK LEAVE ACCRUAL—LEAVE BENEFITS(EXAMPLE)................43
EXHIBIT G- POLICY D-14,MINIMUM STAFFING AND FILLING OF VACANCIES...............................................45
EXHIBIT H - FIREFIGHTERS' RIGHTS TO APPEAL DISCIPLINARY ACTION..........................................49
HBFA MOU July 1,2017—June 30,2018 iv
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF HUNTINGTON BEACH
(Hereinafter called CITY)
and
THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
(Hereinafter called ASSOCIATION or HBFA)
July 1, 2017 through June 30,2018
ARTICLE I- REPRESENTATIONAL UNIT/CLASSIFICATIONS
A. It is recognized that the Huntington Beach Firefighters' Association is the employee
organization, which has the right to meet and confer in good faith with the City on behalf of
employees of the City of Huntington Beach within the following classifications:
Administrative Fire Captain Firefighter
Fire Captain Firefighter Paramedic
Fire Engineer Administrative Fire Captain*
*Administrative Appointment Administrative Fire Captain
B. The City and Association have agreed to a procedure whereby the City, by and through the
Human Resources Director, would be entitled to propose a Unit Modification. This
agreement, Exhibit A, consists of a modification of the City of Huntington Beach Employer-
Employee Relations Resolution (Resolution Number 3335). The City hereby agrees not to
propose a unit modification of the existing Association unit.
ARTICLE II—EXISTING CONDITIONS OF EMPLOYMENT
A. Except as expressly provided herein, the existing wages, hours, and other terms and conditions
of employment within the lawful scope of representation of the Association that are contained
in prior Memoranda of Understanding between the parties hereto and which are currently
applicable to employees covered herein, shall remain in full force and effect.
B. When used in this Memorandum of Understanding (MOU), the word "staffing" shall have the
salve meaning as the word "manning" and are used interchangeably.
HBFA MOU July 1,2017—June 30,2018 1
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
ARTICLE III -SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this MOU or any additions or
amendments thereof, or the application thereof to any person, is for any reason held to be invalid
or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this MOU or its application to other persons. The
City Council hereby declares that it would have adopted this MOU and each section, subsection,
sentence, clause, phrase or portion, and any additions or amendments thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses, phrases or portions, or the
application thereof to any person, be declared invalid or unconstitutional.
ARTICLE IV—SALARY SCHEDULES
For each year of this MOU, the base salary of each classification represented by the Association
shall be as set forth in the Salary Schedules, Exhibit B. All employees are required to utilize direct
deposit of payroll checks. The City shall issue each employee direct deposit advice (payroll
receipt) each pay period that details all income, withholdings, and deductions.
ARTICLE V— SPECIAL PAY
A. Education:
1. Incentive Plan It is the purpose and intent of the City to provide an Education
Incentive Plan to motivate the employee to participate in, and continue with
his/her education so as to improve his/her knowledge and general proficiency
which will, in turn, result in additional benefits to the Fire Department and to the
City. As the levels of additional education listed below are satisfactorily
completed and attained, the employee will receive additional monetary
compensation in recognition of his/her educational achievement.
a. Level I — Any employee who has attained an Associate Degree, or attained
Junior status in a degree program, shall receive educational incentive pay of
three percent (3%) of his/her base rate of pay. An employee may only
receive this education incentive pay for one degree.
b. Level II Any employee who has attained a Bachelor's Degree in Fire
Administration, Public Administration, Public Policy or an equivalent degree
as determined by the Education Committee and Fire Chief will receive
education incentive pay of six percent (6%) of his/her base rate of pay. An
employee may only receive this education incentive pay for one degree.
c. Maximum Education Incentive Pay - The maximum education incentive pay
an employee may receive is six percent (6%) of his/her base rate of pay for a
Bachelor's Degree.
HBFA MOU July 1,2017—June 30,2018 2
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
d. Degree Majors — Degree majors in an equivalent course of study other than
Fire Science, Fire Administration, Public Administration or Public Policy
shall be approved in advance by the Education Committee.
e. Education Committee — An Education Committee shall be established and
composed of three (3) members. Of said three (3) members, one shall be
appointed by the Association, one appointed by the Fire Chief, and the third
shall be the Human Resources Director.
f. Effective Date — Following certification by the Education Committee, the
additional education incentive pay shall commence the beginning of the pay
period following the employee's submission of a completed application that
qualifies for education incentive pay.
The parties agree that to the extent permitted by law, the compensation in this section is
special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571(a)(2)Educational Incentive Pay.
B. Acting_Assignments— Employees acting in a higher classification shall be qualified as defined
within Department Policy. Employees shall be paid at the step in the classification in which
they are acting which provides them with at least a 5% increase. The acting assignment shall
end at the discretion of the City. The parties agree that to the extent permitted by law, Acting
Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571(a)(3) Temporary Upgrade Pay.
C. Administrative Appointments:
1. Administrative Appointments The City may, from time to time, administratively
appoint employees to administrative or specialist positions. Employees so appointed to
the positions of Captain Paramedic, Engineer Paramedic, or Administrative Fire Captain,
shall serve at the discretion of the Fire Chief and may be returned to their regular
position at any time as determined by the Fire Chief. An administrative appointment
shall not affect the employee's regular classification or rank. Persons administratively
appointed shall retain their highest previous permanent classification and the anniversary
date of their appointment to the permanent classification.
2. Pay pon Completion of Administrative Appointment:
a. An employee administratively appointed to the positions of Captain Paramedic;
Engineer Paramedic, or Administrative Fire Captain, who is subsequently
voluntarily or involuntarily reassigned to a position within their permanent
classification with a lower rate of pay, shall receive a two (2) step reduction in pay
to initially coincide with their reduced assignment and at each anniversary date of
the original reduction thereafter, until their rate of pay equals the rate of pay entitled
as if they had not received the administrative appointment.
b. An employee administratively appointed to the positions of Captain Paramedic,
Engineer Paramedic, or Administrative Fire Captain who has completed four (4)
HBFA MOU Rdy 1,2017—June 30,2018 3
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
years of service in the appointed or any other appointed parallel position, may
request to return to their permanent classification, and shall within one (1) year
thereafter, be entitled to return to his/her permanent classification. The pay rate
changes associated with the appointment or reappointment shall follow the process
and procedures established for all positions within the classified service.
c. This section shall not apply to demotions or layoffs.
D. Pay Upon Completion of Paramedic Duties - Any Firefighter Paramedic with a minimum of
five (5) years of continuous service as a Paramedic may request reinstatement to his/her
previously held classification. Such request must be submitted in writing to the Fire Chief at
least one (1) year prior to the date of the requested reinstatement. Upon reinstatement, if the
employee's current base salary is equivalent to or in excess of Step E of the respective
Firefighter salary range, his/her salary will be set at Step E of the respective Firefighter salary
range.
If the employee's Paramedic salary is less than Step E, his/her salary shall be set at a step in
the range closest to his/her existing current base salary.
This section shall not apply to demotions or layoffs.
E. Special Certification/Special Assignment Skill Pay:
1. Special Certification Pay
a. Chief Officer Certification — Employees in the classifications of Fire Captain and
Administrative Fire Captain who are certified by the California State Board of Fire
Services as a Chief Officer or who have completed the Chief Fire Officer courses and
additional classes set forth in section c. below shall receive special certification pay of
three percent (3%) of their base rate of pay. The parties agree that, to the extent
permitted by law, this Chief Officer Certification pay is special compensation and shall
be reported as such to PERS pursuant to Title 2 CCR Section 571(a)(2) as
Recertification Bonus.
b. Fire Officer Certification — Employees in the classifications of Firefighter, Firefighter
Paramedic, and Fire Engineer who are certified by the California State Board of Fire
Services as a Fire Officer or who have completed the CompanyOfficer courses and
additional classes set forth in section d. below shall receive special certification pay of
three percent (3%) of their base rate of pay. The parties agree that, to the extent
permitted by law, this Fire Officer Certification pay is special compensation and shall
be reported as such to PERS pursuant to Title 2 CCR Section 571 (a)(2) as
Recertification Bonus.
c. Chief Fire Officer Courses/Classes:
1) Chief Fire Officer 3A: Human Resources Management
2) Chief Fire Officer 3B: General Administration Functions
3) Chief Fire Officer 3C: Budget and Fiscal Responsibilities
HBFA MOU July 1,2017—June 30,2018 4
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
4) Chief Officer 31): Emergency Service Delivery Responsibilities
Completion of additional courses
I) S234: Ignition Operations
2) S270: Basic Air Operations
3) AR330: Strike Team Leader
4) S404: Safety Officer
d. Company Officer Courses/Classes
I) Company Officer 2A: Human Resources Management
2) Company Officer 213: General Administration Functions
3) Company Officer 2C: Fire Inspections and Investigations
4) Company Officer 21): All-Risk Command Operations
5) Company Officer 2E: Wildland Incident Operations
6) Instructor I: Instructional Methodology, and
Completion of additional courses
1) 1300: Incident Command System 300
2) S230: Crew Boss
3) S231: Engine Boss
4) S290: Intermediate Wildland Behavior—Classroom Version
2. State Board of Fire Service Certification - Any employee in a position that did not
require certification as a condition of employment, and who at any time has been or
becomes certified by the State Board of Fire Services in a classification then occupied,
shall be entitled, upon request, to a lump sum cash payment of two hundred fifty dollars
($250). Each employee may only receive one such payment irrespective of the number
of times he/she is certified in any position.
3. Paramedic Re-certification - Each time a Firefighter Paramedic assigned as a Firefighter
Paramedic is re-certified by the State of California as a Paramedic, the Firefighter
Paramedic shall be entitled to a lump sum cash payment of five hundred dollars ($500).
Each time a Fire Captain or Fire Engineer is re-certified by the State of California as a
paramedic, the employee shall be entitled to a lump sum cash payment of five hundred
dollars ($500). Eligible employees are Fire Engineers or Fire Captains who currently
possess a State of California Paramedic License and/or are re-certified by the State of
California as a Paramedic to practice as a Paramedic. Re-certification pay for Captains
and Engineers shall be limited to thirty (30) positions.
The City will allow Fire Engineers and Fire Captains who are certified by the State of
California as a paramedic to maintain local (Orange County) accreditation and to practice
as a paramedic based upon established department standards.
HBFA MOU July 1,2017—June 30,2018 5
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
The parties agree that to the extent permitted by law, Paramedic Recertification Pay is
special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571(a)(2) Paramedic Pay.
4. Preceptors - Firefighter Paramedics who possess the qualifications necessary to be a
preceptor and are assigned preceptor duties by the Fire Chief or his/her sworn designee
shall be paid a special pay of 5.34% of the base hourly rate of Firefighter Step E for each
hour worked. It is the intention to provide all eligible Firefighter Paramedics the same
dollar value in this special pay.
For employees who are appointed as a new Firefighter Paramedic, the preceptor partner
(i.e., the employee receiving preceptor pay) shall receive preceptor pay until the end of
the first probationary rotation. The Fire Chief or designee may request the preceptor
duties and the associated preceptor pay be extended after the first rotation for a
designated term.
For an internally promoted Firefighter Paramedic, not more than two persons on each
crew may receive preceptor pay.
The parties agree that to the extent permitted by law, Preceptor Pay is special
compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4)
Training Premium.
5. Firefighter Tiller Certification - Firefighters who obtain and maintain the certifications
and qualifications as outlined in (a) through (c) below shall receive a special pay of
1.78% of the bi-weekly base rate of Firefighter Step E. It is the intention to provide all
eligible Firefighters the same dollar value in this special pay - Firefighter Step E.
a. Tiller Certification — Obtain and maintain Huntington Beach Tiller Certification.
The parties agree that to the extent permitted by law, Tiller Certification Pay is
special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571(a)(4) Tiller Premium.
b. Class A. B, C Driver License — Obtain and maintain a minimum of a valid Class A,
Class B or Class C California driver license with firefighter endorsement or Class B
restrictive California driver license.
C. Light Air Unit — Ability to drive and operate, the Light Air Unit as required, and
identified in Exhibit D. The parties agree that to the extent permitted by law, Light
Air Unit Pay is special compensation and shall be reported as such pursuant to Title
2 CCR, Section 571(a)(4) Tiller Premium.
6. Bilingual Skill Pay - Employees who are qualified may be called upon to use Spanish,
Vietnamese, or American Sign Language skills shall be paid an additional five percent
(5%) of their base rate of pay in addition to their regular bi-weekly salary. Additional
languages may be approved at the discretion of the City Manager.
HBFn MOU July 1,2017—June 30,2018 6
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
Employees may accept assignments utilizing bilingual skills in Japanese or other
languages on a short-term assignment with approval by the City Manager. Such
employees shall receive the additional five percent (5%) of their base rate of pay for the
pay period that the assignment is in effect.
In order to be qualified and certified for said compensation, employee's language
proficiency will be tested and certified by the Human Resources Director or designee.
Basic conversational proficiency will be evaluated based on response to a scenario driven
oral evaluation. Human Resources will notify candidates of the results of the oral
evaluation. If the candidate's attempt is unsuccessful, he/she may repeat the process in
six (6) months' time from the date of the previous exam. Bilingual skill pay shall begin
the first day of the pay period following certification.
Employees certified and receiving bilingual skill pay for American Sign Language shall
be required to re-certify bilingual skills with the Human Resources Director or designee
every five (5) years.
The parties agree that to the extent permitted by law, Bilingual Skill Pay is special
compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4)
Bilingual Premium.
7. Investigator:
a. Level I Arson Investigators are appointed by the Fire Chief. Level I Arson
Investigators are Level II Arson Investigator trainees. Level I Arson rate is 4.6%
above a Firefighter Paramedic 40-hour rate at time and one-half.
1) Level I Arson Investigators assigned to an incident while off duty will be
compensated the full Level I Arson Investigator rate.
2) Level I Arson Investigators assigned to an incident while on duty will be
compensated the difference between their current hourly rate and the current
Arson Level I Investigator rate (differential).
b. Level II Arson Investigators are appointment by the Fire Chief. The Level II Arson
Investigator rate is 1 I% above the Arson Level I Investigator rate.
1) Level II Arson Investigators assigned to an incident while off duty will be
compensated the full Level II Arson Investigator rate.
2) Level II Arson Investigators assigned to an incident while on duty will be
compensated the difference between their current hourly rate and the current
Arson Level II Investigator rate (differential).
The parties agree that to the extent permitted by law, Investigator Pay is special
compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4)
Fire Investigator Premium.
H13FA MOU July 1,2017—June 30,2018 7
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
8. Urban Search and Rescue (USAR) Team Assignment Pam
a. Employees certified and assigned to a Type 3 (Light Duty) USAR team shall
receive special assignment pay of one percent (l%) of their base rate of pay.
b. Employees certified and assigned to a Type 2 (Medium Duty) USAR team shall
receive special assignment pay of three percent (3%) of their base rate of pay.
C. Employees certified and assigned to a Type 1 (Heavy Duty) USAR team who are
qualified and regularly assigned to the Team (not to exceed 24 employees) shall
receive special assignment pay of five percent (5%) of their base rate of pay.
The parties agree that to the extent permitted by law, USAR Team Assignment Pay is
special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571(a)(4) Hazard Premium.
9. Hazardous Materials (Hazmat) Team Assignment Pay:
a. Employees assigned to the Hazmat team as a Hazmat Technician shall receive
special assignment pay of five percent (5%) of their base rate of pay.
b. Employees assigned to the Hazmat team as a Hazmat Specialist shall receive
special assignment pay of seven and one-half percent (7.5%) of their base rate of
pay.
The parties agree that to the extent permitted by law, Hazmat Team Assignment Pay is
special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571(a)(4) Hazard Premium.
10. Rank Paramedic Assignment Pam— Employees in the classification of Fire Engineer and
Fire Captain who are assigned to perform paramedic duties shall receive special
assignment pay of fourteen percent (14%) of their base rate of pay. The parties agree
that to the extent permitted by law, Rank Paramedic Assignment Pay is special
compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2)
Paramedic Pay.
11. Special Certification Pay - Employees who are licensed paramedics and have obtained
the following special certifications shall receive special certification pay as follows:
a. Advanced Paramedic Certification — Each employee who possesses a current
certification of (1) Advanced Cardiac Life Support through the American Heart
Association, (2) Pediatric Advanced Life Support through the American Heart
Association or Pediatric Education for Pre-hospital Personnel through the
American Academy of Pediatrics and (3) Pre-Hospital Trauma Life Support or
Basic Trauma Life Support shall receive special certification pay of one percent
(1%) of their base rate of pay.
HBFA MOU July I,2017—June 30,2018 8
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
Any licensed Paramedic who did not acquire their advance Paramedic certifications
through the American Heart Association and the American Academy of Pediatrics
prior to July 1, 2017 and was receiving this special certification pay, shall continue
to receive the pay, but must meet the requirements herein when their current
certification expires in order to continue to receive the pay.
Employees who did not acquire their Advanced Paramedic certifications through
the American Heart Association and the American Academy of Pediatrics prior to
July 1, 2017, but have obtained the special certifications through other providers,
and have submitted for this special certification pay, shall receive the pay.
However, they must meet the requirements herein when their current certification
expires in order to continue to receive the pay.
The parties agree that to the extent permitted by law, Advanced Paramedic
Certification is special compensation and shall be reported as such pursuant to Title
2 CCR, Section 571(a)(2) Paramedic Pay.
All special certification/special assignment/skill pay provided in Article V (E) shall be
effective the beginning of the first full pay period following certification. The certification
process shall be as follows:
1. The employee shall complete an Official Report including evidence that he/she has
completed all required courses necessary to receive the certifications noted above.
2. Upon approval of the Fire Chief, the Official Report shall be submitted to the Education
Committee for approval.
3. The effective date of the certification pays as defined above shall begin as defined in
Article V.A.I.f.
F. Holiday Pay-In-Lieu - Employees shall be compensated by the City in-lieu of the ten (10)
listed holidays at their appropriate assigned work schedule rate, either at a forty-hour (40) or
fifty-six hour (56) workweek. Employees assigned to the 40-hour workweek shall be
compensated eight (8) hours per holiday. Employees assigned to the 56-hour workweek shall
be compensated eleven hours and twelve minutes (11.2) hours per holiday. Personnel who
change from a fifty-six (56) hour schedule to a forty (40) hour schedule shall multiply the
existing hours by .7143. Personnel who change from a forty (40) hour schedule to a fifty-six
(56) hour schedule shall divide their existing hours by .7143. The following are the
recognized legal holidays under this MOU:
1. New Year's Day (January 1)
2. Martin Luther King's Birthday
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. Veterans' Day (November 1 1)
8. Thanksgiving Day (fourth Thursday in November)
HBPA MOU July I,2017—June 30,2018 9
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
9. Friday after Thanksgiving
10. Christmas Day (December 25)
Any day declared by the President of the United States to be a national holiday, or by the
Governor of the State of California to be a State holiday, and adopted as an employee holiday
by the City Council of Huntington Beach.
The parties agree that to the extent permitted by law, Holiday in Lieu Pay is special
compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5)
Statutory Items.
G. Longevity Pay - All employees with the following full time, continuous service in the City of
Huntington Beach shall receive the following longevity pay:
1. Five (5) years or more, but less than ten (10) years, of service shall receive longevity
pay equal to 2.5% of base salary as set forth in Exhibit B.
2. Ten (10) years or more, but less than twenty (20) years, of service shall receive
longevity pay equal to 5% of base salary as set forth in Exhibit B.
3. Twenty (20) years or more of service shall receive longevity pay equal to 7.5% of base
salary as set forth in Exhibit B.
The parties agree that to the extent permitted by law, Longevity Pay is special compensation
and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(]) Longevity Pay.
H. Emergency Medical Technician Pay —All employees in the unit who possess an Emergency
Medical Technician (EMT) certification shall receive one and sixty-seven one hundredths
percent (1.67%) of base salary.
The parties agree that to the extent permitted by law, Emergency Medical "Technician (EMT)
Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571(a)(2) Emergency Medical Technician Pay.
1. Reporting to CAPERS — In the event that CalPERS challenges the City's report of any special
compensation as compensation earnable and informs the City that it cannot not report the pay
since it does not qualify as special compensation per Title 2 CCR section 571, the City is not
obligated to continue to report the pay. This is provided for per Title 2 Section 571(c) & (d).
ARTICLE VI—UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT
A. Uniforms Provided by City — The City will provide all employees with uniforms as described
in the most current Policy C-2 (Uniforms) executed by the City and HBFA.
B. Uniform Allowance/Fitness — The City shall provide each employee who participates in the
Fire Department's current physical fitness program, Policy D-9, one hundred fifty dollars
($150) per fiscal year for the purchase of physical fitness uniforms and physical fitness shoes,
1-IB17A MOU July I,2017—June 30,2018 10
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
payable in the first payroll period of December. New employees must actively participate a
minimum of 90 days prior to December 1"to be eligible for the December uniform allowance.
C. Uniform Care and Replacement:
1. The City at no cost to the employee, shall replace any uniforms with the exception of
the physical fitness uniforms that are destroyed, become unacceptable, or were
damaged by circumstances involving the Firefighter's regular work while on duty.
2. The uniforms described in paragraph A of this Article and Policy C-2 (Uniforms) shall
be replaced by the City whenever the Fire Chief or his/her sworn designee determines
that such replacement is necessary.
3. The employee shall be responsible for the preservation and cleaning of all uniforms.
4. All uniforms and equipment furnished by the City, with the exception of T-shirts, shall
remain the property of the City and be returned or replaced if the employee terminates.
D. Uniform Policies and Advisory Committee:
I. The present uniform and clothing policies, as delineated in this Article, shall remain in
effect until the Fire Chief or his/her sworn designee and the Association mutually
agrees on a new uniform system and on the date of implementation. On said
implementation date, all safety clothing and uniforms required by the City to be worn
by employees during working hours shall meet all applicable State and Federal
regulations relating to said clothing and, with the exception of station uniforms, be of a
high quality, fire resistant material.
2. A uniform advisory committee composed of two (2) members appointed by the
Association and two (2) representatives appointed by the Fire Chief, shall make
recommendations on the uniforms to be worn, the method of said uniforms will be
provided and obtained and further recommendations on safety clothing and uniforms
may be required during the term of this MOU.
E. Reportable to PERS - The City will report as special compensation, in accordance with Title 2,
California Code of Regulations, Section 571(a)(5) to the California Public Employees'
Retirement System (CalPERS), for each classification the average annual cost of uniforms
provided by the City as well as the physical fitness uniform described in Subsection (B). For
employees who are not actively employed for an entire payroll calendar year, a prorated cost
of uniforms shall apply. Upon request, the City will inform HBFA of the amounts reported as
special compensation under this provision. For "new members" as defined by the Public
Employees' Pension Reform Act of 2013, the cost of uniforms will not be reported as
compensation earnable to CalPERS.
H13FA MOU July I,2017—June 30,2018 1 1
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
ARTICLE VII—HOURS OF WORK/OVERTIME
A. Work Schedule:
I. All twenty-four (24) hour shift employees shall work an average of fifty-six (56) hours
per week pursuant to the current schedule of five (5) twenty-four (24) hour shifts in a
fifteen (15) day period with six (6) consecutive days off.
2. All twenty-four (24) hour shift employees shall be on a fifteen (15) day work period
consistent with the 7(K) exemption set forth in the Fair Labor Standards Act(FLSA).
3. Fire Prevention staff and administrative work schedules are to be forty (40) hours per
week on a four (4) day workweek, ten (10) hours per day, twenty eight (28) day 7(K)
FLSA work period.
B. Hours of Work- Defined:
1. Hours worked shall be defined as actual time worked, approved vacation, sick leave,
compensatory time off, bereavement leave, and industrial injury or illness leave, with
the exception of exchange of shift not being included.
2. Exchange of shifts (aka as shift trades) shall occur at 0800 hours each day and comply
with Fire Department Rules and Regulations, Policy B-2.
3. Meal periods are paid as hours worked for personnel who are subject to call for
emergency duty.
4. The maximum time allowed within the forty (40).hour workweek (for employees
assigned to work 40 hours per week) schedule for physical fitness shall not exceed four
(4) hours within any given workweek. All physical fitness activities considered to be
work activities shall be conducted on duty at the fire stations or as provided in the
current fitness policy D-9. Fitness activities shall be conducted under supervision as
appropriate.
5. An employee who is held over beyond the end of his/her regular shift shall be
compensated for the actual time he/she is required to remain on duty, computed to
nearest quarter (1/4) hour. If an employee works seven minutes or less, the time will
be rounded down and if eight minutes or more will be rounded up to the nearest quarter
(1/4) hour.
6. Exchanges of time (aka shift trades) count as hours worked for the employee whose
shift was worked, not for the employee who worked the shift. These hours count as
hours worked for FLSA purposes only.
7. An employee shall be considered to be working if he/she is ordered to duty by the Fire
Chief or his/her sworn designee.
HBFA MOU July I,2017—June 30,2018 12
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
C. Level Pam:
1. Twenty-four (24) Hour Shift Personnel — The 15 day FLSA work period for each
employee shall begin at 8 a.m. on the first shift worked by the A shift following six days
off. All hours worked in excess of 114 hours in an FLSA work period shall be
compensated at the premium rate (one and one half times the regular rate of pay).
All regularly scheduled non "lost time" hours shall be counted as hours worked. Each
employee assigned to twenty-four hour shifts for a full FLSA work period shall receive
106.4 hours of regular pay and 5.6 hours at the overtime rate of pay, as defined in
subsection D.1.a.of this Article, in each bi-weekly pay period, which shall compensate the
employee for FLSA overtime for regularly scheduled shift work. The intent of this system
is that all FLSA overtime hours worked shall be compensated by the first payday
following the end of the 15 day FLSA work period. In the event that an employee
receives FLSA overtime on a payday before that employee has actually worked FLSA
overtime hours, the amount received shall be credited for FLSA purposes toward the next
occasion on which the employee works FLSA overtime. If an employee who is paid
FLSA overtime in advance of working FLSA hours leaves City employment, there shall
be an adjustment in his/her final paycheck to reflect such advance payment.
2. In addition to the overtime pay as provided in subsection 1 above, twenty-four (24) hour
shift employees shall receive pay at the overtime rate for hours worked in excess of
regularly scheduled hours unless the employee has "lost time" in a regularly scheduled
shift. If there is "lost time" in any regularly scheduled shift, the employee shall receive
overtime pay for only those overtime hours worked in excess of the number of lost time
hours in the bi-weekly pay period.
3. Lost Time Defined — "Lost time" is defined as time when the employee does not work
when regularly scheduled to do so and does not receive a leave of absence with pay.
4. Forty (40) Hour Work Week — Personnel who are not assigned to twenty-four hour shifts
but are assigned to work forty (40) hours per week shall have a twenty-eight (28) day
FLSA work period, which shall correspond to exactly two City pay periods and shall begin
at the same time as a City pay period. Forty (40) hour personnel shall continue to receive
overtime pay for working hours in excess of their regularly scheduled hours.
5. 4/10 Work Schedule Defined — The 4/10 work schedule shall be defined as working four
(4) days at ten (10) hours per day in an FLSA designated work week. Meal periods are
regarded as hours worked for personnel who are subject to call for emergency duty. 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 Manager,
Department Head or designee may require such service from said employees.
H13FA MOU July 1,2017—June 30,2018 13
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
D. Overtime/Compensatory Time Off:
1. Paid Overtime:
a. All employees covered by this MOU shall be eligible for overtime pay at one and
one-half(P/2) times their regular rate of pay, as defined by the FLSA, for all actual
work performed in excess of the employees' scheduled hours in their declared work
period. Employees assigned to fire suppression duties are scheduled to work 120
hours in the declared 15 day FLSA work period.
b. Any employee who works overtime in either a higher or lower classification shall be
compensated at the rate of pay consistent with the classification worked. However,
if an employee is force hired to work in a lower classification (e.g., a Fire Engineer
is force hired to work as a Firefighter) the employee shall be compensated at the rate
attendant to his/her regular classification.
c. The City will maintain and adhere to the overtime system as set out in the most
current Policy D-3 executed by the parties. The overtime system and/or Policy D-3
may be modified by mutual agreement of the parties at any time during the term of
the MOU.
2. Compensatory Time Off:
a. Non-Exempt — All overtime worked by non-exempt employees shall be
compensated at the employee's overtime rate of pay and shall not be compensated
by compensatory time off.
b. Staff Personnel — For all employees in the classification of Administrative Fire
Captain, in lieu of compensation by cash payment for overtime as provided in this
Article, such employees may, at their option and with the approval of the Fire Chief
or designee, be compensated by compensatory time off at time and one half for each
overtime hour worked.
1) Compensatory time off may be accumulated to a maximum of one hundred-
twenty (120) hours. Compensatory time off may be taken on an hour-for-
hour basis, with the approval of the Fire Chief or his/her sworn designee.
Permission shall be granted unless granting the request will unduly disrupt the
Department, or unless denying the request will violate the FLSA. Upon
his/her request, any employee may elect to convert all or a portion of
compensatory time to a cash payment at the employee's regular rate of pay.
Any such payment shall be made on the next regular payday, following the
request, provided the request is made by the end of the previous payroll
period. The parties agree that during the term of this MOU, either party can
reopen negotiations on the limited subject of when, during the year, an
employee may make an election to cash out of compensatory time. Any
agreement must be mutually agreed to by the parties.
HBFA MOU July 1,2017—June 30,2018 14
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
2) Compensatory time off may not be received in lieu of a cash payment for time
worked during major emergencies when, in the opinion of the Fire Chief or
his/her sworn designee, the City may be eligible for reimbursement from
another agency for said cash payment.
c. Compensatory Time Paid Off— Immediately prior to the time of any change in the
salary schedule, any accumulated time, which has not been used or paid off, shall be
eligible to be paid in cash at the regular rate of pay based upon the salary schedule
for forty(40) hour per week personnel in effect prior to the change.
3. Callback — Employees who are ordered to return to duty on other than their regularly
scheduled shift shall receive a minimum of two (2) hours compensation at the
employee's overtime rate of pay.
4. Mandatory Standby — Any employee may be placed on "mandatory standby" by the Fire
Chief or his/her sworn designee. Employees on mandatory standby must remain
available for immediate response during the designated standby period. All personnel
placed on mandatory standby shall receive a minimum of two (2) hours compensation for
each twelve (12) hours of off duty standby time or fraction thereof.
5. Electronic Communication Devices Recognizing that electronic communication
devices are part of the Fire Department's business and emergency alerting system,
electronic communication devices shall be issued and worn only on a voluntary basis
with the exception of members who are placed on mandatory standby who may be
required to wear an electronic communication device while on such standby. An
employee placed on mandatory standby may voluntarily wear an electronic
communication device, and if so, shall receive a minimum of two (2) hours
compensation for each twenty-four (24) hours of off duty standby time or fraction
thereof. Electronic communications devices, as described above, shall not include cell
phones.
Members assigned to special staff or prevention duties and voluntarily receiving other
types of consideration (i.e., twenty-four (24) hour assigned vehicle) may be required to
wear pagers and respond while off duty when within pager call range.
6. Required Training Attendance — An employee who is required to attend a class or
seminar to maintain his/her current position shall have his/her related expenses paid by
the City. If attendance occurs at a time when the employee is not scheduled to work,
he/she shall be compensated on an hourly basis.
7. Cancellation of Overtime — Any employee who is scheduled by the City to work
overtime in advance of the time set forth for such scheduling in Huntington Beach Fire
Department Organization Manual, Policy D-3, which is subsequently cancelled less than
seventy-two (72) hours in advance of the commencement of the scheduled overtime shift,
shall receive a minimum of two (2) hours pay at the employee's overtime rate.
HBFA MOU July 1,2017—June 30,2018 15
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
8. Court Time:
a. Employees placed on standby for a court appearance involving City business during
other than their scheduled working hours shall receive a minimum of two (2) hours
base rate of pay for each morning and/or afternoon session.
b. Employees appearing in court on City business during other than their scheduled
working hours shall receive a minimum of three (3) hours pay at the overtime rate;
provided, however, that if such tirne overlaps with the employee's scheduled
working hours, said pay shall be limited to those hours occurring prior to or after
the employee's scheduled work time.
c. Employees shall not receive both standby pay and overtime pay for the same court
session. An employee who is on standby and reports to court will be paid in
accordance with (b) above.
9. Pay out of Rank - Subject to the approval of the Fire Chief or his/her sworn designee, an
employee may voluntarily work in a classification below his/her rank.
E. Jury Duty — Employees who are summoned to perform jury service shall be entitled to their
regular compensation while serving; provided the fees, except mileage and subsistence
allowance, if any, which they receive as jurors, are remitted to the City.
If an employee calls in at night and finds out that he/she must report to jury duty the next day
(and are scheduled to be working that day as part of a regular shift or on an overtime basis)
he/she must contact his/her Battalion Chief as soon as possible so that coverage can be
arranged for his/her shift.
Employees are required to return to work if dismissed by the Court from jury duty. The
returning employee will go back to his/her shift and the employee who replaced him/her will
be relieved from duty at that time for the remainder of the shift.
F. Shift Exchange/Relief:
I. The Fire Department shall allow Association members' exchanges of schedule pursuant
to the most current Policy D-7 of the Huntington Beach Fire Department Organization
Manual that has been executed by the parties. Policy D-7 (Exchange of Work Schedule)
may be modified by mutual agreement of the parties at any time during the term of this
MOU.
2. An employee may be relieved by any other employee who is qualified to relieve him/her
at any time by utilizing appropriate leave (i.e., vacation). In addition, the parties
acknowledge Department of Labor regulation, 29 CFR section 553.225 which provides:
It is a common practice among employees engaged in fire protection activities to relieve
employees on the previous shift prior to (between the hours of 0600 and 0800) the
scheduled starting time. Such early relief time may occur pursuant to employee
agreement, either expressed or implied. This practice will not have the effect of
H13FA MOU July 1,2017—June 30,2018 16
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
increasing the number of compensable hours of work for employees employed under
section 7(k) where it is voluntary on the part of the employees and does not result, over a
period of time, in their failure to receive proper compensation for all hours actually
worked. On the other hand, if the practice is required by the employer, the time involved
must be added to the employee's tour of duty and treated as compensable hours of work.
G. Assigned Shift Policy Employees of equal rank shall have the option to change assigned
shifts on an employee for employee basis upon written request to and approved by the
Fire Chief.
H. Minimum Staffing and Filling Vacancies:
I. Minimum Staffing Levels — The City shall cause apparatus to be staffed with sufficient
employees to assure the safety of employees and the control of risk. For these purposes,
the minimum staffing of apparatus shall be as defined by Policy D-14, Minimum Staffing
and Filling of Vacancies, a copy of which is attached as Exhibit H and incorporated by
reference herein.
a. For the duration of this MOU, on each shift, there will be on duty at all times a
minimum number of 4 Firefighters, 16 Firefighter/Paramedics, 10 Fire Engineers,
and 10 Fire Captains. This minimum staffing provision shall sunset at the expiration
of this MOU on June 30, 2018, unless the parties agree to incorporate it into a
successor MOU.
b. If a Rank Paramedic is activated on a Paramedic Engine, the overall number of on-
duty Firefighters will increase and the overall number of Firefighter/Paramedics will
decrease for each Rank Paramedic. However, the total number of on-duty Paramedics
will be no less than 16.
c. If the Fire Chief determines the need to convert a Truck Company to a PAU or
Paramedic Truck Company, the overall number of on-duty paramedics shall increase
accordingly.
I. Probationary Period:
1. Length of the Probationary Period - Employees in the bargaining unit shall serve a
probationary period when initially appointed to a position in the unit and also when
they promote into a higher rank. The probationary period shall be one year from the
time of initial appointment or promotion into a higher rank.
2. Extension of the Probationary Period - An employee who uses more than 120 hours of
leave for any purpose by the last day of his/her probationary period will have his/her
probationary period extended by the total amount of leave (paid or unpaid) used during
the probationary period.
HBFA MOU July 1,2017—June 30,2018 17
J
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
ARTICLE VIII—HEALTH AND OTHER INSURANCE BENEFITS
A. Health Insurance - The City shall continue to make available group health, dental and vision
benefits to all HBFA employees.
B. Eligibility Criteria and Cost:
1. City Paid Health Insurance — Employees and Dependents - An employee, eligible
dependents, and qualifying domestic partners per state law, shall become eligible to
participate in the City's insurance plan described below effective the first of the month
following the employee's date of hire. Any required employee payroll deduction shall
begin with the first full pay period following the effective date of coverage and shall
continue through the end of the month in which the employee separates.
2. Employer Contributions to Health and Other Insurance Benefits - The City's maximum
monthly employer contributions for health and other insurance premiums is set forth in
the charts below. The amounts listed below are inclusive of the CalPERS statutory
minimum amount.
i. Employee only ("EE") — Effective the beginning of the pay period following City
Council approval of this MOU, the cost of the premium up to a maximum of
$500.00.
ii. Employee + one dependent ("EE" + 1) — Effective the beginning of the pay period
following City Council approval of this MOU, the cost of the premium up to a
maximum of$815.00.
iii. Employee + two or more dependents ("EE" + 2) — Effective the beginning of the
pay period following City Council approval of this MOU, the cost of the premium
up to a maximum of$1,325.00.
I-113FA MOU July I,2017—June 30,2018 18
HUNTINGTON BEACH F IZEFIGHTERS' ASSOCIATION
2017 Health Premiums and Contributions
So CA Region-Effective 1/1/2017
HBFA.
Monthly Employer Employee Employee
Plan Tier Premium M IY Monthly Bi-Weekly
Co 'on Contribution Contribution
Single 659.03 500.00 159.03 73.40
PERS Two-Party 1,318:06 815.00 503.06 232.18
Anthem HMO Select
Family 1,713.48 1,325.00 388.48 179.30
Single 799.15 500.00 299.15 138.07
PERS Anthem HMO Traditional Two-Party 1,598.30 815.00 783.30 361.52
Family 2,077.79 1,325.00 752.79 347.44
Single 778.45 500.00 278.45 128.52
PERS Two-Party 1,556.90 815.00 741.90 342.42
Blue Shield Access+
Family 2,023.97 1,325.00 698.97 322.60
Single 473.46 473.46 0.00 0.00
PERS Two-Party 946.92 815.00 131.92 60.89
Health Net Salud y Mas
Family 1,231.00 1,231.00 0.00 0.00
Single 537.20 500.00 37.20 17.17
PERS Health Net SmartCare Two-Party 1,074.40 815.00 259.40 119.72
Family 1,396.72 1,325.00 71.72 33.10
Single 599.54 500.00 99.54 45.94
PERS Kaiser Two-Party 1,199.08 815.00 384.08 177.27
Family 1,558.80 1,325.00 233.80 107.91
Single 549.76 500.00 49.76 22.97
PERS Two-Party 1,099.52 815.00 284.52 131.32
UnitedHealthcare
Family 1,429.38 1,325.00 104.38 48.18
Single 714.43 500.00 214.43 98.97
PERS Choice Two-Party 1,428.86 815.00 613.86 283.32
Family 1,857.52 1,325.00 532.52 245.78
Single 633.46 500.00 133.46 61.60
PERS Select Two-Party 1,266.92 815.00 451.92 208.58
Family 1,647.00 1,325.00 322.00 148.62
Single 802.24 500.00 302.24 139.50
PERS Care Two-Party 1,604.48 815.00 789.48 364.38
Family 2,085.82 1,325.00 760.82 351.15
Single 699.00 500.00 199.00 91.85
PORAC Two-Party 1,467.00 815.00 652.00 300.92
Family 1,876.00 1,325.00 551.00 254.31
HBFA MOU July 1,2017-June 30,2018 19
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
Single 58.10 42.88 15.22 7.02
Delta Dental PPO Two-Party 108.60 81.82 26.78 12.36
Family 143.20 116.36 26.84 12.39
Single 30.11 23.00 7.11 3.28
Delta Care HMO Two-Party 51.19 39.11 12.08 5.58
Family 78.29 59.81 18.48 8.53
Single 23.86 17.58 6.28 2.90
VSP Vision Two-Party 23.86 17.58 6.28 2.90
Family 23.86 17.58 6.28 2.90
Medical Opt Out Benefit:$500.00 per month($230.77 bi-weekly)
CalPERS PEMHCA 2017 employer contribution=$128.00 per month,$59.08 bi-weekly
Employee and City contributions subject to change as a result of contract negotiations
Other Southern California Region:Fresno,Imperial,Inyo,Kern,Kings,Madera,Riverside,Orange,San Diego,San Luis
Obispo, Santa Barbara,Tulare
2017 Health Premiums and Contributions
LA Region-Effective 1/l/2017
HBFA
Monthly Employer Employee Employee
Plan Tier premium Monthly Monthly Bi-Weekly
Contribution Contribution Contribution
Single 592.78 500.00 92.78 42.82
PERS Two-Party 1,185.56 815.00 370.56 171.03
Anthem HMO Select
Family 1,541.23 1,325.00 216.23 99.80
Single 713.69 500.00 213.69 98.63
PERS Two-Party 1,427.38 815.00 612.38 282.64
Anthem HMO Traditional
Family 1,855.59 1,325.00 530.59 244.89
Single 675.98 500.00 175.98 81.22
PERS Two-Party 1,351.96 815.00 536.96 247.83
Blue Shield Access+
Family 1,757.55 1,325.00 432.55 199.64
Single 414.79 414.79 0.00 0.00
PERS Health Net Salud y Mas Two-Party 829.58 815.00 14.58 6.73
Family 1,078.45 1,078.45 0.00 0.00
Single 526.73 500.00 26.73 12.34
PERS Two-Party 1,053.46 815.00 238.46 110.06
Health Net SmartCare
Family 1,369.50 1,325.00 44.50 20.54
Single 573.89 500.00 73.89 34.10
PERS Two-Party 1,147.78 815.00 332.78 153.5
Kaiser 9
Family 1,492.11 1,325.00 167.11 77.13
IBFA MOU July 1,2017-June 30,2018 20
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
Single 545.71 500.00 45.71 21.10
PERS Two-Party 1,091.42 815.00 276.42 127.58
UnitedHealthcare
Family 1,418.85 1,325.00 93.85 43.32
Single 637.53 500.00 137.53 63.48
PERS Choice Two-Party 1,275.06 815.00 460.06 212.34
Family 1,657.58 1,325.00 332.58 153.50
Single 565.33 500.00 65.33 30.15
PERS Select Two-Party 1,130.66 815.00 315.66 145.69
Family 1,469.86 1,325.00 144.86 66.86
Single 715.88 500.00 215.88 99.64
PERS Care Two-Party 1,431.76 815.00 616.76 284.66
Family 1,861.29 1,325.00 536.29 247.52
Single 699.00 500.00 199.00 91.85
PORAC Two-Party 1,467.00 815.00 652.00 300.92
Family 1,876.00 1,325.00 551.00 254.31
Single 58.10 42.88 15,22 7.02
Delta Dental PPO Two-Party 108.60 81.82 26.78 12.36
Family 143.20 116.36 26.84 12.39
Single 30.11 23.00 7.11 3.28
Delta Care HMO Two-Party 51.19 39.11 12.08 5.58
Family 78.29 59.81 18.48 8.53
Single 23.86 17.58 6.28 2.90
VSP Vision Two-Party 23.86 17.58 6.28 2.90
Family 23.86 17.58 6.28 2.90
Medical Opt Out Benefit: $500.00 per month($230.77 bi-weekly)
CalPERS PEMHCA 2017 employer contribution=$128.00 per month,$59.08 bi-weekly
Employee and City contributions subject to change as a result of contract negotiations
Los Angeles Area Region: Los Angeles, San Bernardino,Ventura
In no event shall the employee be entitled to the difference between the employer contribution
and the premiums for insurance plan(s) selected by the employee.
HBFA MOU July 1,2017-June 30,2018 21
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
I
C. Public Employees' Medical and Hospital Care Act (PEMHCA) OPTION — The City contracts
with Ca1PERS to provide medical benefits to bargaining unit members in accordance with the
Public Employees' Medical and Hospital Care Act (PEMHCA). The City contracts for the
unequal method of employee contribution in accordance with Government Code section
22893.
D. Medical Opt-Out - If an employee is covered by a group health insurance outside of a City-
provided program (evidence of which must be supplied to the Employee Benefits Division the
employee may elect to discontinue City health insurance coverage and receive two hundred
and thirty dollars and seventy-seven cents ($230.77) bi-weekly to deposit into the employee's
deferred compensation account or any other pre-tax program offered by the City. In order to
be eligible for the opt-out payment the employee must be able to demonstrate to the City's
satisfaction that they have minimum essential coverage as defined by the Affordable Care Act,
(through another source other than coverage in the individual market, whether or not obtained
through Covered California) and will not incur penalties under the ACA.
E. Section 125 Plan — Employees shall be eligible to participate in a City approved Internal
Revenue Code Section 125 Flexible Spending Plan under the same terms and conditions as all
other eligible City employees. This plan allows employees to use pre-tax salary to pay for
regular childcare, adult dependent care and/or non-reimbursable medical expenses up to
maximums provided by law.
F. Life and Accidental Death and Dismemberment:
1. Life—The City shall provide a $50,000 (fifty thousand dollars) Life Insurance plan for
each employee.
2. Accidental Death and Dismemberment—The City shall provide a fifty thousand dollars
($50,000) Accidental Death and Dismemberment Insurance plan for each employee.
G. Long Term Disability — The City shall pay to the Association on behalf of each employee
covered by this MOU, on a monthly basis, an amount not to exceed thirty-eight dollars
($38.00) per member for a Long Term Disability policy. The program shall be subject to the
terms and conditions contained in Exhibit E.
H. Retiree Medical Coverage for Retirees Not Eligible for the City Medical Retiree Subsidy Plan
Employees who retire from the City after January 1, 2004, 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 any health insurance plans
available to all active employees in this bargaining unit until the first of the month in which
they turn age sixty-five (65).
The retirees shall pay the full premium for any - health insurance for themselves and/or
qualified dependents without any City subsidy.
Employees who retire from the City, receive a retirement allowance from the California Public
Employees' Retirement System, are not eligible for the City's Retiree Subsidy Medical Plan
and choose not to participate in City medical insurance plans available to eligible retirees in
this bargaining unit upon retirement, will permanently lose eligibility for this insurance.
HBFA MOU July I,2017—June 30,2018 22
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
However, if a retiree who is not eligible for the City's Retiree Subsidy Medical Plan chooses
not to participate in available 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 medical insurance plans available
to retirees eligible for reinstatement.
Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree
or qualified dependent turns age sixty-five (65).
1. 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 available medical insurance, with or without the Retiree Medical Subsidy Plan,
may participate in available medical insurance plans that are supplemental to Medicare.
A retiree or qualified dependent must choose to participate in available 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 available medical insurance plans that
are supplemental to Medicare for themselves or qualified dependents without any City subsidy.
Retirees or qualified dependents, upon turning age 65, who choose not to participate in
available medical insurance plans that are supplemental to Medicare permanently lose
eligibility for this insurance.
J. Miscellaneous:
1. Nothing in this Article shall be deemed to restrict the City's right to change insurance
carriers should circumstances warrant.
2. Nothing in this Article shall be deemed to obligate the City to improve the benefits
outlined in this Article.
3. Whenever an eligible employee is absent because of illness or injury, the City shall
continue to provide to the employee and his/her dependents, all of the insurance benefits
set forth in this Article for the duration of any such approved absence not to exceed
twenty-four (24) months.
ARTICLE IX—RETIREMENT
A. Benefits:
1. Public Employees' Retirement System:
a. The City shall provide all safety employees described as "classic members by the
Public Employees' Pension Reform Act of 2013 — "PEPRA" with that certain
retirement program commonly known and described as the "3%" at age 50 plan"
H13FA MOU July 1,2017—fine 30,2018 23
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
which is based on the retirement formula as set forth in the California Public
Employees' Retirement System (PERS), Sections 21362.2 of the California
Government Code, including the one-half continuance option (Government Code
Sections 21624 and 21626) for safety employees and the Fourth Level of the 1959
survivor option for all employees as established by the California Public Employees'
Retirement System, Section 21571 of the California Government Code.
b. All "classic members" shall pay their CalPERS member contribution of nine percent
(9%) of pensionable income.
c. The City contracts with PERS to have retirement benefits calculated based upon the
employee's highest one year's compensation, pursuant to the provisions of Section
20042 (highest single year). This benefit is available to "classic members" of
CalPERS.
d. The obligations of the City and the retirement rights of employees as provided in
this Article shall survive the term of this MOU.
e. The City provides the Pre-Retirement Optional Settlement 2 Death Benefit as set
forth in California Government Code Section 21548 for all safety employees
represented by the Association.
f. For"New Members" within the meaning of the California Public Employees' Pension
Reform Act of 2013.
1) New Members shall be governed by the two and seven tenths percent at age
57 (2.7% @ 57) retirement formula set forth in Government Code section
7522.25(d)
2) Final compensation will be based on the highest annual average
compensation earnable during the 36 consecutive months immediately
preceding the effective date of his or her retirement, or some other 36
consecutive month period designated by the member as required by
Government Code section 7522.32(a).
3) New members shall contribute one half of the normal cost rate, as
established by CalPERS.
g. The City has adopted the CalPERS Resolution in accordance with IRS Code section
414(h)(2) to ensure that both the employee contribution and the City pickup of the
required member contribution are made on a pre-tax basis. However, ultimately, the
tax status of any benefit is determined by the law.
h. Reporting of Base Salary — Provisions of the Level Pay plan, Article VII.C, shall be
used for purposes of reporting the bi-weekly pay of twenty-four (24) hour shift
employees to the Public Employees' Retirement System (PERS).
nBFA MOU July I,2017—June 30,2018 24
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
2. Self-Funded Supplemental Retirement Benefit:
a. In the event a member elects Option 41, 42, 42W, 43, 43W or 44 of the Public
Employees' Retirement Law, the City shall pay the difference between such elected
option and the unmodified allowance which the member would have received for
his/her life alone as provided in California Government Code sections 21455,
21456, 21457, and 21548 as said referenced Government Code sections exist as of
the date of this agreement. 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 the
sole discretion of the City. This benefit is vested for employees covered by this
MOU.
b. Employees hired on or after October 4, 1999, shall not be eligible for the
"Supplemental Retirement Benefit" referenced in Article tX.A.2a above.
3. Medical Insurance for Retirees:
a. Upon retirement, whether service or disability, each employee shall have the
following options in regards to medical insurance under available plans:
1) With no change in benefits, retirees can stay in any of the plans offered by the
City, to active members in this bargaining unit, at the retiree's own expense,
for the maximum time period required by Federal Law(COBRA), or
2) Early retirees (under age 65) may participate in the available health plans
currently being offered to active employees.
3) Retirees over age 65 may participate in the Post-65 Supplemental Medicare
Coverage described in Article VIII.I.
b. Retired employees exercising either of the options in Article IX.A.3.a may cause
any premiums not paid by the City to be paid out of funds due and owed to them for
unused sick leave benefits upon retirement, as provided in Article IX.A.3.a.
However, whenever a retired employee does not have any such available funds,
he/she shall have the opportunity to provide the City with sufficient funds to pay the
premiums. At retirement, the sick leave hours remaining may, at the employee's
option, be converted to a dollar figure, as provided in Article IX.A.3.a, and an
estimate shall be provided by the City to the retired employee as to the approximate
number of months the group insurance can be paid by such sick leave dollars. The
City shall notify any retired employee whose funds available for unused sick leave
benefits are about to be exhausted of such fact, in writing by certified mail, return
receipt requested, at the retired employee's most recent address of record with the
City no later than three (3) months prior to the date upon which there will not be
sufficient funds to pay premiums. It shall be the individual retiree's responsibility
either to insure that there are sufficient sick leave dollars available to pay premiums
or to make premium payments at least one (1) month in advance, to continue the
group insurance in effect. If following exhaustion of sick leave funds a retired
employee fails to provide the City with sufficient additional funds to pay premiums,
the City shall have the right to notify said retired employee in the manner prescribed
HBFA MOU Jul 12017—June 30 2018 25
Y
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
above that it intends to cause his/her coverage to be terminated for non-payment of
premiums, and the further right to terminate such coverage, if such default has not
been cured within thirty (30) days following receipt of such notice. Any retired
employee electing to obtain such medical coverage after retirement shall have no
further option to terminate such coverage following the provision of thirty (30) days
written notice to the City, whereupon any funds due and owed to hirn/her for unused
sick leave benefits that have not been exhausted to pay these health insurance
premiums shall be paid in a lump sum to the retired employee within thirty (30) days
following receipt by the City of such notice. Once a retired employee elects to
terminate such coverage, he/she shall be precluded from securing it at a later date at
the group rate.
B. Reinstatement Privileges for Disability Retirees — If a retiree seeks to cause PERS to revoke
his/her disability retirement (within three years of the effective date of the disability
retirement) on the grounds that he/she is no longer incapacitated from performing the duties of
the position held at the time of retirement, the City will not certify that he/she is no longer
incapacitated from performing those duties until the employee passes the Departmental
physical agility test. If PERS revokes his/her disability retirement, the City shall immediately
reinstate the employee at his/her former position and pay step.
ARTICLE X—LEAVE BENEFITS
A. Leave with Pay:
1. 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. All employees shall be
entitled to annual vacation, with pay, in accordance with this Article.
a. Accrual — Employees shall accrue annual vacations at their appropriate assigned
work schedule rate, either forty hour (40) or fifty-six hour (56) workweek.
Paychecks will identify the accrued vacation (Accrued) and accrual rate (Constant)
based on their actual work schedule, either a forty (40) hour or fifty-six (56) hour
schedule. In the event of a change in work schedules, personnel will have their
accrued vacation (Accrued) and accrual rate (Constant) changed to the new schedule
using the conversion factor .7143 (40- 56). Personnel who change from a fifty-six
(56) hour schedule to a forty (40) hour schedule shall multiply the existing hours by
.7143, (see Exhibit G). Personnel who change from a forty (40) hour schedule to a
fifty-six (56) hour schedule shall divide their existing hours by .7143. Personnel
shall accrue annual vacations at the following rates':
For the first four (4) years of continuous service vacation time shall be accrued at
the rate of one hundred and twelve (112) hours per year for forty (40) hour per week
employees, and one hundred and fifty-seven (157) hours per year for fifty-six (56)
hour per week employees.
For a detailed explanation regarding conversion refer to Exhibit F
HBFA MOU.luly I,2017—June 30,2018 26
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
After four (4) years of continuous service to the completion of nine (9) years of
continuous service, vacation time shall be accrued at the rate of one hundred thirty-
six (136) hours per year for forty (40) hour per week employees, and one hundred
and ninety (190) hours per year for fifty-six (56) hour per week employees.
After nine (9) years of continuous service to the completion of fourteen (14) years of
continuous service, vacation time shall be accrued at the rate of one hundred sixty
(160) hours per year for forty (40) hour per week employees, and two hundred and
twenty-four (224) hours per year for fifty-six (56) hour per week employees.
After fourteen (14) years of continuous service vacation, time shall be accrued at the
rate of one hundred ninety-two (192) hours per year for forty hour (40) per week
employees, and two hundred sixty-nine (269) hours per year for fifty-six hour (56)
per week employees.
Vacation allowance shall not be accumulated in excess of three hundred forty-two
(342) hours for forty (40) hour per week employees, and four hundred and eighty
(480) hours per year for fifty-six (56) hour per week employees.
b. Eligibility and Permission — No vacation may be taken until the completion of six
(6) months of employment. No employee shall be permitted to take vacation in
excess of actual time earned and no employee shall take vacation that is being
accrued while the employee is on vacation. Vacations shall be taken only with
permission of the Fire Chief or his/her sworn designee, who shall schedule all
vacations with due consideration for the request of the employee and particular
regard for the need of the Department.
The Fire Department operates on a three-shift basis, with personnel being assigned
to the "A, B or C" Shift for work scheduling purposes. On each such shift, there
shall be four (4) available vacation absences (referred to as "vacation slots"). That
is, at any one time, there may be four (4) persons absent from duty on each such
shift due to vacation. "These slots shall be made available by rank, one (1) to
Firefighters, one (1) to Fire Engineers, one (1) to Firefighter Paramedics; and one
(1) to Captains. Thereafter, each additional employee shall be entitled to receive
time off for requested vacation leave, so long as a qualified replacement is available
to serve in his/her absence.
c. Conversion to Cash — On two (2) occasions during each fiscal year each employee
shall have the option to convert into a cash payment up to a total of eighty (80)
hours, at the forty (40) hour rate, or one hundred twelve (112) hours at the fifty-six
(56) hour rate, of earned vacation benefits during any one (1) fiscal year. The
employee shall give two (2) weeks advanced notice of his/her desire to exercise such
option. Vacation accumulated in excess of three hundred-forty-two (342) hours at
the forty (40) hour rate shall be paid in cash at the straight time forty (40) hour rate,
or four hundred and eighty (480) hours at the fifty-six (56) hour rate shall be paid in
cash at the straight time fifty-six (56) hour rate on the first payday following such
accumulation. The parties agree that during the term of this MOU, either party can
reopen negotiations on the limited subject of when, during the year, an employee
HBFA MOU July 1,2017—June 30,2018 27
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
may make an election to convert vacation to cash. Any agreement must be mutually
agreed to by the parties.
d. Pay-Off at Termination — Except as provided in Section A.Le. of this Article, no
employee shall be paid for unused vacation other than upon termination of
employment. Any vacation pay off at termination shall be at the regular rate of pay
and the accrual rate the employee is earning at the tirne of separation.
2. Sick Leave.
a. Accrual — The conversion factor for sick leave accrual shall be in accordance with
Rule 18-9 of the City's Personnel Rules. Employees covered by this MOU shall
accrue sick leave at the rate of 3.6923 hours per pay period for 40-hour week
employees, and 5.1691 for fifty-six hour (56) week employees. Paychecks will
identify the accrued sick leave (Accrued) and accrual rate (Constant) based on their
actual work schedule, either a forty (40) hour or fifty-six (56) hour schedule. In the
event of a change in work schedules, personnel will have their accrued sick leave
(Accrued) and accrual rate (Constant) changed to the new schedule using the
conversion factor .7143. Personnel who change from a fifty-six hour (56) schedule
to a forty (40) hour schedule shall multiply their accrual rate by .7143, (see
Exhibit G). Personnel who change from a forty (40) hour schedule to a fifty-six (56)
hour schedule shall divide their accrual rate by .7143.
b. Pay-Off at Termination — Upon termination for reasons other than for industrial
disability retirement, an employee shall have his/her accrued sick leave paid at the
regular rate of pay and the accrual rate the employee is earning at the time of
separation. Sick Leave shall be paid (or have paid on his/her behalf as provided in
Article IX.A.3.b) at twenty-five percent (25%) of unused, earned sick leave from
four hundred-eighty (480) through seven hundred-twenty (720) hours, and at fifty
percent (50%) of all unused, earned sick leave for hours in excess of seven hundred-
twenty (720) hours.
Upon termination for industrial disability retirement, an employee shall have his/her
accrued sick leave paid (or have paid on him/her behalf as provided in Article
IX.A.3.b) at the regular rate of pay and the accrual rate at the time of separation at
twenty-five percent (25%) of unused, earned sick leave from zero (0) through four
hundred-eighty (480) hours, and at fifty percent (50%) of all unused, earned sick
leave in excess of four hundred-eighty (480) hours.
C. Utilization in Conjunction with Industrial Disability Leave Sick leave cannot be
used to extend absences due to work-related (industrial) injuries or illnesses.
3. Leave Benefit Entitlements - As required by law, 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.
The City shall comply with all state and federal leave benefit entitlement laws and
regulations.
HBFA MOU July 1,2017—June 30,20I8 28
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
An eligible employee on an approved leave may be allowed to use earned Sick Leave,
Vacation and/or Compensatory Time Off.
4. Bereavement - Employees shall be entitled to bereavement leave not to exceed two (2)
work shifts for those employees on the twenty-four (24) hour work schedule, or three
(3) work shifts for all other employees in each instance of death in the immediate
family. Immediate family is defined as father, mother, sister, brother, spouse, children,
registered domestic partner; grandfather, grandmother, step-father, step-mother, step-
grandfather, step-grandmother, grandchildren, stepsisters, step-brothers, mother-in-
law, father-in-law, in-laws of registered domestic partner, brother-in-law, sister-in-law,
son-in-law, daughter in-law, step-children, or wards of which the employee is the legal
guardian.
5. Association Business— During the term of this MOU, authorized representatives of the
Association shall be entitled to receive up to a total of four hundred (400) collective
hours without any loss of compensation per contract year to be utilized for lawful
Association activities. In addition, up to one hundred-fifty (150) unused hours may be
carried forward to the next contract year.
ARTICLE XI—CITY RULES
A. Personnel Rules - All MOU provisions that supersede the City's Personnel Rules shall
automatically be incorporated in the City's Personnel Rules.
B. Precedence of Agreement - In any case in which any provision of this MOU is inconsistent
with any City ordinance, rule, regulation, resolution, including provisions of any Fire
Department Manual, the provisions of this MOU shall supersede and take precedence.
C. Discipline - The procedure and practice regarding discipline is set forth in Exhibit H.
D. Layoff Rules - The procedure and practice regarding layoffs as contained in the City's
Personnel Rules in effect on July 1, 1980 shall remain in full force and effect during the entire
term of this MOU.
ARTICLE XII - MISCELLANEOUS
A. Fire Department Promotional Exams — Policy D-10 — Promotional and open competitive
examinations shall be held in accordance with the most current Policy D-10 of the Huntington
Beach Fire Department Organization Manual executed by the parties. Policy D-10 may be
modified by mutual agreement of the parties at any time during the term of this MOU.
B. Living Quarters —The City shall provide necessary kitchen, living and sleeping quarters in all
fire stations and shall continue to provide facilities for Association meetings.
HBFA MOU July 1,2017—June 30,2018 29
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
C. Paychecks:
1. Bi-Weekly Pax Salary shall be paid on a bi-weekly basis. By mutual consent of the City
and the Association, early payment and other modifications may be made.
2. Paycheck Stub An on-line pay stub shall contain an itemization of amounts paid under
various categories of pay, including educational incentive pay, holiday pay, and all
overtime, and shall also include an itemization of the nature and the purpose of each
deduction withheld from the employee's gross earnings.
3. Direct Deposit— Employees hired on or after January 1, 2007 shall receive their bi-weekly
compensation through the City's direct deposit system. Employees currently participating
in the City's direct deposit program must remain in that program.
4. Vacation Payroll Advance — Each employee shall, at his/her option, by written notice to
the City's Human Resources Director, be given at least two (2) weeks prior to the
commencement of said employee's scheduled vacation, be entitled to receive his/her
earned vacation pay, less deductions in advance of said vacation. Said right to receive
advance payment of earned vacation pay shall be limited to one such advancement during
each calendar year.
D. California Driver License for Firefighting Equipment — Employees required by the City to
obtain a valid Class A, Class B or Class C California driver license with firefighter
endorsement or Class B restrictive California driver license will be reimbursed for fees paid
to the California Department of Motor Vehicles to obtain the Driver License with
Firefighter Endorsement.
All employees in the classification of Fire Engineer shall be required to possess a valid Class
A, Class B or Class C California driver license with firefighter endorsement or Class B
restrictive California driver license. All other bargaining unit employees shall be required to
obtain the following:
All employees hired after February 19, 2008, must acquire a valid Class A, Class B or Class
C California driver license with firefighter endorsement or Class B restrictive California
driver license prior to completing their probationary period.
All employees assigned to the USAR team who possess a valid Class A, Class B or Class C
California driver license with firefighter endorsement or Class B restrictive California driver
license as of the program's implementation date shall be required to maintain their license.
All current employees assigned to the USAR team prior to the program's implementation
date are not required to have a Firefighter Endorsed Driver License. All current employees
assigned to the USAR team after the program's implementation shall obtain and maintain a
valid Class A, Class B or Class C California driver license with firefighter endorsement
within one (1) year of their assignment.
All employees assigned to the Hazardous Materials team who possess a valid Class A, Class
B or Class C California driver license with firefighter endorsement or Class B restrictive
California driver license shall maintain their license. All employees assigned to the
11131=A MOU July 1,2017—June 30,2018 30
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
Hazardous Materials team prior to February 19, 2008, are not required to obtain a Firefighter
Endorsed Driver License. All current employees assigned to the Hazardous Materials team
after February 19, 2008 shall obtain and maintain a valid Class A, Class B or Class C
California driver license with firefighter endorsement or Class B restrictive California driver
license within one (1) year of their assignment.
E. Deferred Compensation Loan Program — Employees may utilize the Deferred Compensation
Loan Program, under which employees may borrow up to fifty percent (50%) of their deferred
compensation funds for critical needs such as medical costs, college tuition, or purchase of a
home. The value of any unused earned leave benefits may be transferred to deferred
compensation in connection with separation but the employee must request the transfer no
later than the pay period prior to the employee's last day of employment.
ARTICLE XIII—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 fire services and the work forces
performing such services. Such rights include, but are not limited to, determination of the merits,
necessity, level or organization of fire services, the necessity for overtime, number and location of
work stations, nature of work to be performed, contracting for any work or operation, reasonable
employee performance standards, including work and safety rules and regulations, in order to
maintain the efficiency and economy desirable for the performance of City services.
ARTICLE XIV—TERM OF MOU
This MOU shall be in effect commencing on July 1, 2017 through June 30, 2018. This MOU
constitutes the entire agreement of the parties as to the changes in wages, hours, and other terms and
conditions of employment of employees covered hereunder for the term hereof.
FIBPA MOU July I,2017—Rine 30,2018 31
' it
HUNTINGTON BEACH FIREFIGHTERS ASSOCIATION
ARTICLE XV- CITY COUNCIL APPROVAL
It is the understanding of the City and the Association that this Memorandum of Understanding is of
no force or effect whatsoever unless and until ratified by the membership of HBFA and adopted by
Resolution of the City Council of the City of Huntington Beach.
ARTICLE XVI—SUCCESSOR NEGOTIATIONS
The parties agree to commence labor negotiations for a successor MOU no later than April 1, 2018.
At that meeting, the parties shall discuss ground rules and meeting dates.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this
day of 2017.
CITY OF HUNTINGTON BEACH HUNTINGTON BEACH
A u ic' al Corporation FIREFI T RS' ASSOCIATION.
By: By:
Fred . it on Chad Stewart
Cit anage� HBFA President
By: By:
ichele Warren Car orbin
Directo f Human Resources HBFA Negotiation Team Leader— HBFA
By: By:
avid Segura Stuart D. Adams Esq.
Fire Chief Chief Negotiator
By:
Peter J. Brown
Chief Negotiator C®UNTE, ART
B n1r✓
oAnn Diaz
-Principal Human Resources Analyst APPROV
By: Sy.
Sandy s Hende tchael E. Gates
Senior Human Resources Analyst City Attorney
HBFA MOU July 1,2017—June 30,2018 32
HUNTIM.W'TON BEACM Ffi.7,EFI(O'IlTf.RS' ASSO(-'IA'I'ION
...........
ARTICLE XV - C"ITY COUINCIL APPROVAL
It Is tlie uncle-i-standing of the City land ffic, Association that this Mcirlor-1111clum Of Understandilig is of
no force or dket whatsoever unless and until ratitled ky the membership of I[BI`A and adopted by
Resoltl(ioil of the City ('.,ourwi I ol'ifie oft lunting(orr I�e,,tch.
ARTICLE, XVI —St tCCESSOR NKGOTIATIONS
The pollies agree:to coil]mence labor negotiations f6r a successor MOLL no titer than April 1. '2018,
At that n-teeting, the parties shall discuss ground rules and mcoting dates,
IN WITNESS IATIERTOF, the parties hereto have executed this Memorandum ofUndorstaridiag this
day 2017,
C'FVY 0 V 1,1 t J NTI N wT()N I t E A CI I 11U.N4TINGTON BEA(11
A Municipal Corporation FIRETIGUFFRS' ASSOCIATION.
By: By:
F'rcd A. Wilson Chad Stewart
City Manager 118FA Presidat
Ily: By: .......... ............-
michele,warrun ("'arl Corbin
Dircutor or Humuri Rcsourccs f-IBYA ,Nugoti-lition Team Deader-- f-1131"A
By: 13 Y:
David Segura Stuart J--). Adains Fsq.
I"ire Chief Chief Negotiator
BY:
. ........... .......
Petcr .j, Bro, NUT I`
cl11e,f'Ncgqt tm:
i
By:
JoAnn Diaz
Principal I lumari Resources Analyst. APPROVE'D AS TO FORM
By: By:
tirrciy Heirderson Micli<icl E. Gates Senior Flurnon, Resources Analyst City Altomey
HBFA MOU Ju1v 1,2017 Jwi00,2018 32
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
ARTICLE XV- CITY COUNCIL APPROVAL
It is the understanding of the City and the Association that this Memorandum of Understanding is of
no force or effect whatsoever unless and until ratified by the membership of HBFA and adopted by
Resolution of the City Council of the City of Huntington Beach.
ARTICLE XVI—SUCCESSOR NEGOTIATIONS
The parties agree to commence labor negotiations for a successor MOU no later than April 1, 2018.
At that meeting, the parties shall discuss ground rules and meeting dates.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this
day of , 2017.
CITY OF HUNTINGTON BEACH HUNTINGTON BEACH
A Municipal Corporation FIREFIGHTERS' ASSOCIATION.
By: By:
Fred A. Wilson Chad Stewart
City Manager HBFA President
By: By:
Michele Warren Carl Corbin
Director of Human Resources HBFA N goti io T in Leader—HBFA
By: By:
David Segura Stuart . Ada s Esq.
Fire Chief Chief Negotiator
By:
Peter J. Brown CUB . AT
Chief Negotiator
By:
JoAnn Diaz
Principal Human Resources Analyst APPROVED AS TO FORM
By: _ By:
Sandy Henderson Michael E. Gates
Senior Human Resources Analyst City Attorney
'HBFA MOU July 1,2017--June 30,2018 32
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT A—EMPLOYEE RELATIONS RESOLUTION
7.3 Human Resources Officer Motion of Unit Modification — The Human Resources Officer
may propose, during the same period for filing a Petition for Decertification, that an
established unit be modified in accordance with the following procedure:
a. The Human Resources Officer shall give written notice of the proposed unit
modification to all employee organizations that may be affected by the proposed
change. Said written notification shall contain the Human Resources Officer'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 Human Resources Officer 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;
b. Following receipt of the Human Resources Officer'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;
c. 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;
d. 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.
HBFA MOU July 1,2017—June 30.2018 33
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT B—SALARY SCHEDULE
2.0% Effective September 24,2016
40-Hour Rate(Hourly)
Job
Code Classification Grade Pay A B C D E
229 Firefighter FA0229 34.97 36.88 38.90 41.04 43.30
160 Fire Engineer FA0160 40.80 43.04 45.41 47.91 50.54
226 Firefighter Paramedic FA0226 40.80 43.04 45.41 47.91 50.54
101 Fire Captain FA0101 46.91 49.49 52.21 55.08 58.11
100 Administrative Fire Captain FA0100 52.35 55.22 58.26 61.47 64.84
40-Hour Rate(Bi-Weekly)
Job
Code Classification Grade Pay A B C D E
229 Firefighter FA0229 2,797.60 2,950.40 3,112.00 3,283.20 3,464.00
160 Fire Engineer FA0160 3,264.00 3,443.20 3,632.80 3,832.80 4,043.20
226 Firefighter Paramedic FA0226 3,264.00 3,443.20 3,632.80 3,832.80 4,043.20
101 Fire Captain FA0101 3,752.80 3,959.20 4,176.80 4,406.40 4,648.80
100 Administrative Fire Captain FA0100 4,188.00 4,417.60 4,660.80 4,917.60 5,187.20
40-Hour Rate(Monthly)
Job
Code Classification Grade Pay A B C D E
229 Firefighter FA0229 6,061.47 6,392.53 6,742.67 7,113.60 7,505.33
160 Fire Engineer FA0160 7,072.00 7,460.27 7,871.07 8,304.40 8,760.27
226 Firefighter Paramedic FA0226 7,072.00 7,460.27 7,871.07 8,304.40 8,760.27
101 Fire Captain FA0101 8,131.07 8,578.27 9,049.73 9,547.20 10,072.40
100 Administrative Fire Captain FA0100 9,074.00 9,571.47 10,098.40 10,654.80 11,238.93
HBFA MOU July 1,2017—June 30,2018 34 ICI
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT B—SALARY SCHEDULE
2.0% Effective September 24,2016
56-Hour Rate(Hourly)
Job
Code Classification Grade A B C D E
229 Firefighter FA0229 24.97 26.34 27.80 29.31 30.93
160 Fire Engineer FA0160 29.14 30.74 32.44 34.22 36.11
226 Firefighter Paramedic FA0226 29.14 30.74 32.44 34.22 36.11
101 Fire Captain FA0101 33.50 35.35 37.29 39.34 41.51
100 Administrative Fire Captain FA0100 37.39 39.44 41.62 43.91 46.32
56-Hour Rate(Bi-Weekly)
Job Pay
Code Classification Grade A B C D E
229 Firefighter FA0229 2,796.64 2,950.08 3,113.60 3,282.72 3,464.16
160 Fire Engineer FA0160 3,263.68 3,442.88 3,633.28 3,832.64 4,044.32
226 Firefighter Paramedic FA0226 3,263.68 3,442.88 3,633.28 3,832.64 4,044.32
101 Fire Captain FA0101 3,752.00 3,959.20 4,176.48 4,406.08 4,649.12
100 Administrative Fire Captain FA0100 4,187.68 4,417.28 4,661.44 4,917.92 1 5,187.84
56-Hour Rate(Monthly)
Job
Code Classification Grade Pay A B C D E
229 Firefighter FA0229 6,059.39 6,391.84 6,746.13 7,112.56 7,505.68
160 Fire Engineer FA0160 7,071.31 7,459.57 7,872.11 8,304.05 8,762.69
226 Firefighter Paramedic FA0226 7,071.31 7,459.57 7,872.11 8,304.05 8,762.69
101 Fire Captain FA0101 8,129.33 8,578.27 9,049.04 9,546.51 10,073.09
100 Administrative Fire Captain FA0100 9,073.31 9,570.77 10,099.79 10,655.49 11,240.32
HBFA MOU July I,2017—June 30,2018 35
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT C—RETIREE SUBSIDY MEDICAL PLAN
An employee who has retired from the City shall be entitled to participate in the available 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) continuous years of regular
(permanent) City service immediately prior to retirement or is granted an industrial disability
retirement. 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; 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 65 or on the date the
retiree or dependent can first apply and become eligible, automatically or voluntarily, for
medical coverage under Medicare (whether or not such application is made), the City's
obligation to pay monthly premiums may be adjusted downward or eliminated. Benefit
coverage at age 65 under the City's sponsored medical insurance plans shall be governed by
applicable plan document.
2. 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 dependent(s)for a period not to exceed twelve (12)months.
D. Industrial Disability Retirees -Industrial disability retirees with less than ten (10) continuous years
of regular (permanent) service shall receive a maximum monthly payment toward the premium for
health insurance of$121. Payments shall be in accordance with the stipulations and conditions,
which exist for all retirees. Payment shall not exceed dollar amount, which is equal to the full cost
of premium for employee only.
E. Maximum Monthly Subsidy Payments - The 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.
All retirees, including those retired as a result of industrial disability whose number of years of
continuous regular (permanent) service immediately prior to retirement exceeds ten (10) years,
shall be entitled to maximum monthly payment of premiums by the City for each year of
completed City service as follows:
HBFA MOU July I,2017—June 30,2018 36
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT C —RETIREE SUBSIDY MEDICAL PLAN
Maximum Monthly Payment
for Retirees After:
Years of Service
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
F. Eligibility:
1. The effective start-up date of the Retiree Subsidy Medical Plan for the eligible retirees shall be
the first of the month following retirement date.
2. A retiree may change plans, add dependents, etc., during annual open enrollment. The City
shall notify covered retirees of this opportunity each year.
3. Years of service computed for the Retiree Subsidy Medical Plan are actual years of completed
continuous regular (permanent) service with the City of Huntington Beach immediately prior
to retirement.
4. When a retiree is eligible for medical plan coverage at the expense of another employer due to
post-retirement employment of the retiree or spouse of the retiree, the retiree and his/her
spouse must take that coverage regardless of benefit level and shall be deleted from any City
sponsored health insurance Plan. Exceptions to this requirement are limited to the following:
a. A retiree is not required to enroll in such "other" medical insurance plan coverage if
there is significant disparity between the benefits provided by the "other" medical
insurance plan and the City sponsored health insurance plan as defined below.
"Significant disparity" rneans coverage available under the "other" medical plan is
restrictive or limited in one or more of the following ways:
1) No in-patient hospitalization coverage.
H13FA MOU July 1,2017—June 30,2018 37
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT C—RETIREE SUBSIDY MEDICAL PLAN
2) No major medical benefits.
3) Annual deductible is greater than or equal to $1,000 per person.
4) Major medical benefits are paid at 60% or less of covered expenses in
network.
b. The City Manager or designee will have the authority to provide additional exceptions
following review of the "other" medical insurance plan policy. Exceptions will be
made only if the "other" medical plan benefit provisions are comparable to the
guidelines under (F.4.a.) above.
c. Miscellaneous Provisions:
I) Benefits provided under the available medical insurance plan will be
coordinated with the "other" medical insurance plan as the primary carrier.
2) The City shall have the right to require any retiree to provide a copy of the
"other" medical insurance plan policy for review by the City Manager or
designee.
5. When a retiree under age 65 becomes eligible for the other group coverage and then becomes
no longer eligible, he/she may have the Retiree Subsidy Medical Plan reinstated for the
purchase of available health insurance.
6. Dependents of a retiree under age 65 may follow him/her into the Retiree Subsidy Medical
Plan or they may choose to exercise COBRA rights along with the retiree.
7. When a retiree becomes 65 and has eligible dependents under 65, said dependents are eligible
to exercise COBRA rights.
8. When a retiree is under 65 and his/her spouse is over 65, the spouse is not covered.
G. Premium payments are to be received at least one month in advance of the coverage period.
Retiree Subsidy Medical Plan and COBRA participants shall be notified of non-payment of
premium by means of a certified letter from the City in accordance with provisions of the
Memorandums of Understanding.
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.
H. Subsidies:
1. The subsidy payments will pay for:
a. Available health insurance plans for eligible retirees.
HBFA MOU July I,2017—June 30,2018 38
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT C —RETIREE SUBSIDY MEDICAL PLAN
b. Part A of Medicare for those retirees not eligible for paid Part A.
2. Subsidy payments will not pay for:
a. Part B Medicare.
b. Any other City sponsored benefit plan.
c. Any other commercially available benefit plan.
d. Medicare supplements
I. Medicare:
1. All persons are eligible for Medicare coverage at age 65. Those with sufficient credit quarters
of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited
quarters are still eligible for Medicare at age 65, but will have to pay for Part A of Medicare if
the individual elects to take Medicare. In all cases, Part B of Medicare is paid for by the
participant.
2. When a retiree and his/her spouse are both 65 or over and neither is eligible for paid Part A of
Medicare, the subsidy shall pay for Part A for each of them or the maximum subsidy,
whichever is less.
3. When a retiree at age 65 is eligible for paid Part A of Medicare and his/her spouse is not
eligible for paid Part A, the spouse shall not receive subsidy. When a retiree at age 65 is not
eligible for paid Part A of Medicare and his/her spouse who is also age 65 is eligible for paid
Part A of Medicare, the subsidy shall be for the retiree's Part A only.
J. Cancellation:
1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation
provisions apply:
a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the
first day of the month in which the retiree reaches age 65 whether or not the retiree applies
for Medicare coverage. If such retiree was covering dependents under the Plan, dependents
will be eligible for COBRA continuation benefits effective as of first day of the month in
which the retiree reaches age 65.
b. When one of the following occurs, dependent coverage will be eliminated:
1) After 36 months of COBRA continuation coverage, or
2) When the covered dependent reaches age 65 in the event such dependent reaches age
65 prior to the retiree reaching age 65.
2. Premium payments are to be received at least one month in advance of the coverage period.
HBFA MOU July 1,2017—June 30,2018 39
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT C—RETIREE SUBSIDY MEDICAL PLAN
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.
HBFA MOU July I,2017—June 30,2018 40
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT D—TILLER CERTIFICATION
Following is the method of application regarding Tiller Certification, Article V, Section E-4 of the
Huntington Beach Firefighter's Association MOU:
Article V, Section E-4-Tiller Certification
a. Tiller Certification -- The Huntington Beach Training Manual identifies the method and
requirements for Tiller Certification.
b. Class A, B, or C California Driver License with a Firefighter Endorsement or Class B Firefighter
Restrictive License.--.State Department Of Motor Vehicles established.
c. Light Air Unit -- The intent is for a Firefighter to be able to drive, set up, and safely operate the
Light Air unit. Proper operation for the Light Air Unit is defined in policy.
Note! All Fire Department personnel have been trained in the past in the operation of the Light Air
Unit. All Firefighters who were previously trained have been grandfathered into meeting the
requirements. This process will provide the following options for compensation:
If the Firefighter was Tiller Certified and had a Class B Firefighter Restrictive License as of
September 5, 1998, they will receive the identified compensation effective that date.
• If, after September 5, 1998, a Firefighter obtains Tiller Certification and the Class A, B or C
California Driver's License with a Firefighter Endorsement or a Class B Firefighter Restrictive
Drivers License, they will be eligible for compensation following application. Firefighters will be
required to become certified in light air operation.
• For Firefighters to request compensation for the Light Air Unit they must complete the
appropriate training per policy, including obtaining Tiller Certification, Class A, B or C California
Driver's License with a Firefighter Endorsement or a Class B Firefighter Restrictive Drivers
License, and be certified in light air operations. They will be eligible for compensation following
application.
Note! If a Firefighter elects not to participate in the above mentioned Tiller Certification
compensation, it does not preclude the currently established requirement by the Department for a
firefighter to be Tiller Certified, as identified in the Huntington Beach Training Manual.
HBPA MOU July 1,2017—June 30,2018 41
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT E—INCOME PROTECTION PLAN
This is to memorialize an agreement between the City of Huntington Beach (City) and the Huntington
Beach Firefighter's Association (HBFA) regarding authorizing the HBFA to administer its own Long
Term Disability (L'I,D) insurance program providing the following conditions are adhered to:
1. The City and HBFA agree that the City shall not provide a City-sponsored LTD Insurance
Program for employees represented by HBFA.
2. HBFA shall contract with an insurance provider for LTD insurance for the employees represented
by the HBFA.
3. The City shall pay to HBFA for the cost of LTD premiums not to exceed $38.00 per month per
occupied covered position represented by HBFA.
4. Non-dues paying represented employees shall be covered by the LTD Policy at the same premium
rate as dues paying represented employees.
5. City payment to HBFA is to be made for each represented employee per month based on the bi-
weekly payroll.
6. HBFA shall pay the insurance company for the cost of premiums and any charges incurred for
administering the program.
7. HBFA shall provide the City with a monthly listing of covered employees.
8. No self-funding/self-insurance of LTD benefits is permitted under this agreement.
9. HBFA shall authorize the City to have the insurance company provide documentation to the City
as follows:
a. A copy of the most current audited financial statements.
b. A copy of the latest actuarial report, which should be completed by an independent"Fellow
of the Society of Actuaries";
C. A copy of the in-force re-insurance Policy;
10. HBFA will provide a statement certifying that premiums collected are for LTD benefits for HBFA
represented employees only.
HBFA MOU July 1,2017—June 30,2018 42
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT F- 40/56-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL
LEAVE BENEFITS
(EXAMPLE)
Permanent, full-time employees shall accrue annual vacations or sick leave at their appropriate assigned
work schedule rate, either 40-hour or 56-hour workweek. The actual accrual, as reflected on their
payroll check will also reflect their actual work schedule. In the event of a change in work schedules,
personnel will have their accrual rate (Constant) and actual accrual (Accrued) change to the new
schedule using the conversion factor, .7143. Paychecks will reflect the accrual rate based on the actual
work schedule, either forty (40) or fifty-six (56) hour schedule. All maximum accruals will be modified
to reflect the proper number of hours, either 40-hour or 56-hour workweek.
EXAMPLE— CURRENT EXCEPTION
40-HOUR EXAMPLE
Paycheck stub shows 1000 hours accrued sick leave.
Employee uses 24 hours sick time.
1000 hours—24 hours = 976 hours.
56-HOUR FIREFIGHTER PARAMEDIC
Paycheck stub shows 1000 hours accrued sick leave.
Employee uses 24 hours sick time.
1000 hours—24 x .7143 = 17.1 hours =982.9 hours
(This mathematical transaction takes place for each exception.)
EXCEPTION
ALL 56-HOUR PERSONNEL
Modify to 56-hour schedule - current accrued hours divided by .7143.
40-hour rate paycheck stub indicates 1000 hours sick leave.
1000 hours divided by .7143 = 1400 hours
1400 hours would be reflected on the employee's 56-hour workweek paycheck stub.
56-hour schedule employee uses 24-hours sick time - hours are taken hour for hour.
1400 hours—24 hours= 1376 hours remaining.
1JBFA MOU July 1,2017—June 30,2018 43
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT F- 40/56-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL
LEAVE BENEFITS
(EXAMPLE)
ACCRUAL RATE
Current 40-hour employees - sick leave accrual - 3.6923 hours per pay period.
56-hour Firefighter Paramedic employee would accrue sick leave at 5.1691 (3.6923 divided by .7143 =
5.1691) hours per pay period. This would accurately indicate accrual at the 56-hour rate.
56-HOUR EMPLOYEE ASSIGNED TO A 40-HOUR POSITION
Upon change of 56-hour Firefighter Paramedic employee to a 40-hour employee.
Accrued sick leave= 1400 hours
1400 x .7143 = 1000 hours
1000 hours would be reflected on pay check.
Sick leave accrual would return to 3.6923 per pay period
HBFA MOU July I,2017—June 30,2018 44
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT G—POLICY—14, MINIMUM STAFFING AND FILLING OF VACANCIES
✓ Applicableo to the following personnel:
✓ Fire Administration ✓ Fire Prevention Fire Ca tain Firefighter Paramedic
✓ Chief Officer ✓ Fire Suppression Fire Engineer Firefighter
INTENT
To establish and maintain the minimum staffing levels for the Huntington Beach Fire Department.
DEFINITIONS
1. Apparatus - Any vehicle utilized to respond to fires, other emergencies or work
assignments that requires a California Class A, Class B, or Class B firefighter restrictive
driver's license.
• Fire Engine- An apparatus with fire pump, fire hose, water tank, ground ladders,
necessary firefighting equipment, and may include a "telesquirt" type ladder, but
specifically excluding aerial ladder or platform capabilities.
• Fire Truck- An apparatus that has mounted on the chassis, an aerial ladder or aerial
platform, "TRUCK COMPANY" equipment, and may include a fire pump, fire hose,
and water tank.
• Hazardous Materials (HAZMAT) Unit- An apparatus that has tools and equipment
used in the mitigation of Hazardous Materials incidents.
• Paramedic Engine or Paramedic Assessment Engine -A fire engine that carries
Advanced Life Support equipment.
• Paramedic Unit- Any Fire Department vehicle, other than a fire engine or fire truck,
that carries Advanced Life Support equipment.
• Special Purpose Apparatus -Apparatus (as described in No. I above), not otherwise
defined in this policy and utilized for response to alarms.
2. Fire Company- A firefighting force commanded by a single Fire Captain (or a person
assigned/qualified as such).
3. In-Service - Personnel, apparatus, and/or equipment that are available for dispatch to an alarm
or actively involved in an alarm.
H13FA MOU July I,2017—June 30,2018 45
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT G—POLICY—14, MINIMUM STAFFING AND FILLING OF VACANCIES
4. Qualified Personnel - Any Huntington Beach Fire Department employee meeting the
minimum qualifications for the position as detailed in Policy D-10 who is operating/
functioning with the approval of the on-duty Battalion Chief.
POLICY
The Duty Battalion Chief shall be responsible to ensure that each fire station and each apparatus are
fully staffed according to this policy.
A. MINIMUM STAFFING
The City of Huntington Beach (City) shall cause apparatus to be staffed with sufficient personnel to
ensure the safety of employees and the control of risk. For these purposes, the minimum staffing shall
be as follows:
1. Each Fire Company shall be staffed with a minimum of three (3) personnel and may be
assigned various firefighting or other emergency related activities, as well as routine duties.
Fire Companies are generally assigned as engine companies or truck companies when they
operate with a fire engine or fire truck apparatus. They may, however, operate without
apparatus or with more than one (1) vehicle or apparatus. When operating with more than one
(1) vehicle or apparatus, the minimum staffing requirements of this section shall be required
when the vehicle is operated on an incident scene. Apparatus responding Code 3 shall be
staffed with a minimum of two (2) persons.
2. Each in-service engine company shall be staffed with no less than one (1) Fire Captain, one (1)
Fire Engineer, and one (1) Firefighter. Any member may be a Paramedic.
a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are
available, that Fire Company may continue to respond to augment single engine alarms.
A second fully staffed engine shall be dispatched.
3. Each in-service truck company shall be staffed with no less than one (1) Fire Captain, one (1)
Fire Engineer and two (2) Firefighters. Any member may be a Paramedic.
a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are
available, that Fire Company may continue to respond to augment single engine alarms.
A second fully staffed engine shall be dispatched.
4. Each in-service paramedic unit shall be staffed with no less than two (2) certified Paramedics.
5. Each in-service paramedic engine company shall be staffed with no less than one (1) Fire
Captain, one (1) Fire Engineer, and two (2) Firefighters. Two (2) of the members must be
certified Paramedics.
HBFA MOU July 1,2017—June 30,2018 46
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT G—POLICY—14, MINIMUM STAFFING AND FILLING OF VACANCIES
a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are
available, that Fire Company may continue to respond to augment single engine alarms. A
second fully staffed engine shall be dispatched.
6. Each in-service paramedic assessment engine company shall be staffed with no less than one
(1) Fire Captain, one (1) Fire Engineer, and one (1) Firefighter. One (1) of the members must
be a certified Paramedic.
a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are
available, that Fire Company may continue to respond to augment single engine alarms. A
second fully staffed engine shall be dispatched.
7. Each in-service hazardous materials apparatus shall be staffed with a fire company of which
the regularly assigned personnel shall be specially trained in hazardous materials incident
practices and procedures. One or more of the personnel staffing the hazardous materials
apparatus may be assigned as technical advisors to an emergency's Incident Commander.
When this occurs, the remaining personnel may be reassigned to other companies involved in
the incident or other Hazardous Materials Joint Powers Authority providers.
8. Special purpose apparatus shall be staffed with no less than one (1) person (Fire Engineer or
Firefighter assigned/qualified as such) when responding Code 2, and with no less than two (2)
personnel (one of whom must be a Fire Engineer or a Firefighter assigned/qualified as a Fire
Engineer) when responding Code 3 to alarms.
9. Fire apparatus not considered to be in service shall not be required to have personnel assigned
to them for the purposes of this Article.
10. The minimum staffing as set forth in this Article shall be specifically and exclusively from
public safety employees of the Huntington Beach Fire Department for all routine activities and
normal shift duties. Reserve Firefighters shall not be used to meet minimum staffing levels.
a. No employee shall be assigned to more than one (1) fire-company at the same time for all
routine activities and normal shift duties.
b. Routine activities and normal shift duties shall include those emergencies that would
normally be handled by the on-duty suppression force.
C. FILLING VACANCIES
I. Employees acting in a higher classification, when properly qualified, shall be considered
equivalent to the required classification.
1-1I3FA MOU JLily 1,2017—Rine 30,2018 47
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT G—POLICY—14, MINIMUM STAFFING AND FILLING OF VACANCIES
c. Employees acting in a higher classification shall be paid acting pay for all time worked in
the higher class when the time cumulatively exceeds two (2) hours within one (1) 24-hour
shift. Acting pay will be calculated based on the step range of the higher classification,
which provides at least a five percent range differential. For example, a Firefighter at E step
who is qualified and acts as an Engineer will be compensated at the hourly rate of a D step
Engineer, which is equal to or greater than a five percent differential.
2. Any employee assigned to serve in the capacity of Battalion Chiefs Aide shall not be utilized
to satisfy any of the minimum staffing requirements except as set forth in this Article. The
BC's Aide may be utilized to fill a position for which he/she is qualified to serve in cases of
temporary fill-in of four(4) hours or less.
3. Either one (1) Firefighter or one (1) Firefighter Paramedic assigned to a truck company may be
utilized for special assignments for a period not to exceed four (4) hours in a 24 hour period.
4. REPLACEMENT CALLBACK. When a vacancy exists on any apparatus, the Department will
be obligated to meet minimum staffing obligations of this Article by use of off-duty personnel
on an overtime basis. In the event an apparatus is placed out of service, those persons
previously assigned thereto may be utilized to fill any vacancy prior to the use of off-duty
personnel on an overtime basis.
5. When a vacancy exists on any apparatus, the vacancy shall be filled rank for rank based upon
the provisions of the Fire Department's Policy D-3 (Callback Staffing System).
D. NEW EQUIPMENT
1. If the City makes a managerial decision to change staffing levels provided for in the MOU, or
to utilize any new apparatus over and above that presently in use, the City and the Association
shall Meet and Confer in good faith prior to such action being implemented.
2. The Meet and Confer process/obligation shall apply to any managerial decision to eliminate
any paramedic unit(s) / van(s).
E. CHANGES IN STAFFING
1. If either party requests a Meet and Confer, as indicated in New Equipment and Changes in
Staffing sections above, the parties shall complete the process (including any impasse
procedure) within 60 days, unless otherwise extended by mutual agreement.
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EXHIBIT H—FIREFIGHTERS' RIGHTS TO APPEAL DISCIPLINARY ACTION
The following appeals procedures are adopted pursuant to Government Code § 3254.5 of the
Firefighters Procedural Bill of Rights Act and supersede any personnel rules to the contrary.
1. DEFINITIONS
a. The term "firefighter" means an employee who is considered a "firefighter" under
Government Code § 3251(a).
b. The term "punitive action" means any action defined by Government Code §3251(c), i.e.,
"any action that may lead to dismissal, demotion, suspension, reduction in salary, written
reprimand, or transfer for purposes of punishment."
2. APPEAL OF A PUNITIVE ACTION NOT INVOLVING DISCHARGE, DEMOTION OR
SUSPENSION OR REDUCTION IN SALARY OF A FIREFIGHTER
Pursuant to Government Code § 11445.20, the following informal hearing procedure shall be
utilized for an appeal by a firefighter of a punitive action not involving discharge, demotion,
reduction in salary or suspension.
a. Notice of Appeal - Within fifteen (15) calendar days of receipt by a firefighter of
notification of punitive action as set forth above, the firefighter shall notify the office of the
Fire Chief in writing of the firefighter's intent to appeal the punitive action. The notice of
appeal shall specify the action being appealed and the substantive and procedural grounds
for the appeal.
b. Presiding Officer - In an informal hearing, a Division Chief shall be the presiding officer.
A Division Chief shall conduct the informal hearing in accordance with these procedures
and shall make the final decision. If the Division Chief cannot serve as the hearing officer
because of actual bias, prejudice or interest as defined by Government Code §11425.40,
then the Fire Chief or his/her designee shall serve as the Presiding Officer and shall make
the final decision. Written reprimands adjudicated following the informal process
provided herein shall be removed from the employee's personnel file after two years if no
similar occurrence takes place within that time. If a similar occurrence takes place (as
determined by the Fire Chief) the discipline shall remain until two years have passed
without such an occurrence.
c. Burden of Proof- The employer shall bear the burden of proof at the hearing.
1) If the action being appealed does not involve allegations of employee misconduct, the
limited purpose of the hearing shall be to provide the officer the opportunity to
establish a record of the circumstances surrounding the action. The Department's
burden of proof shall be satisfied if the Department establishes by a preponderance of
the evidence that the action was reasonable. The Department's burden of proof may be
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EXHIBIT H—FIREFIGHTERS' RIGHTS TO APPEAL DISCIPLINARY ACTION
satisfied even though reasonable persons may disagree about the appropriateness of the
action.
2) However, if the punitive action involves charges of misconduct, the Department shall
have the burden of proving by a preponderance of the evidence the facts which form the
basis for the charge and that the punitive action was reasonable under the
circumstances.
d. Conduct of Hearing
1) The formal rules of evidence do not apply, although the Presiding Officer shall have
discretion to exclude evidence which is incompetent, irrelevant or cumulative, or the
presentation of which will otherwise consume undue time.
2) The parties may present opening statements.
3) The parties may present evidence through documents and testimony.
aa. Witnesses shall testify under oath.
bb. Subpoenas may be issued pursuant to Government Code §§11450.05- 11450.50.
4) Following the presentation of evidence, if any, the parties may submit oral and/or
written closing arguments for consideration by the hearing officer.
e. Recording of the Hearing - The hearing may be tape recorded or stenographically recorded
by a Certified Court Reporter by either party . The per diem cost of the court reporter shall
be equally borne by the parties. The cost to receive a transcript of the hearing shall be
borne by the party requesting the transcript.
f. Representation - The firefighter may be represented by an association representative and/or
attorney of his or her choice at all stages of the proceedings. All costs associated with such
representation shall be borne by the firefighter.
g. Decision - The decision shall be in writing pursuant to Government Code §1 1425.50. The
decision shall be served personally or by first class mail, postage pre-paid, upon the
firefighter as well as his/her attorney or representative, shall be accompanied by an
affidavit or certificate of mailing, and shall advise the firefighter that the time within which
judicial review of the decision may be sought is governed by Code of Civil Procedure §
1094.6.
3. APPEAL OF A DISCIPLINARY DECISION INVOLVING DISCHARGE, REDUCTION IN
SALARY, DEMOTION OR SUSPENSION OF A FIREFIGHTER
a. In those instances where the procedures in Government Code §§ 11400, et seq. are
inapplicable to an administrative appeal, the administrative appeal shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part I of Division 3 of
Title 2 of the California Government Code.
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EXHIBIT H—FIREFIGHTERS' RIGHTS TO APPEAL DISCIPLINARY ACTION
b. Notice of Discipline as Accusation - The final notice of discipline which may be issued at
the conclusion of any pre-disciplinary procedures shall serve as the Accusation as
described in Government Code §§ 11500, et seq. Pursuant to Government Code section
3254, subsection (f), the discipline shalt not be effective sooner than 48 hours of issuance
of the final notice of discipline.
The notice shall be prepared and served in conformity with the requirements of
Government Code §§l1500, et seq. A copy of Chapter 5 (commencing with Section
11500) of Part I of Division 3 of Title 2 of the California Government Code shall be
provided to the firefighter concurrently with the notice of discipline.
c. Notice of Defense/Request for Hearing - Within 15 calendar days after service of the
accusation the respondent may file with the office of the Fire Chief a notice of defense in
which the respondent may:
1) Request a hearing;
2) Object to the accusation upon the ground that it does not state acts or omissions upon
which the agency may proceed;
3) Object to the form of the accusation on the ground that it is so indefinite or uncertain
that the respondent cannot identify the transaction or prepare a defense;
4) Admit the accusation in whole or in part;
5) Present new matter by way of defense;
6) Object to the accusation upon the ground that, under the circumstances, compliance
with the requirements of a regulation would result in a material violation of another
regulation enacted by another department affecting substantive rights;
Within the time specified respondent may file one or more notices of defense upon any or
all of these grounds but all of these notices shall be filed within that period unless the
agency in its discretion authorizes the filing of a later notice.
The respondent shall be entitled to a hearing on the merits if the respondent files a notice of
defense, and the notice shall be deemed a specific denial of all parts of the accusation not
expressly admitted. Failure to timely file a notice of defense shall constitute a waiver of
respondent's right to a hearing, but the agency in its discretion may nevertheless grant a
hearing. Unless objection is taken as provided in Government Code Section 11506, all
objections to the form of the accusation shall be deemed waived.
The notice of defense shall be in writing signed by or on behalf of the respondent and shall
state the respondent's mailing address. It need not be verified or follow any particular form.
d. Administrative Law Judge - Pursuant to Government Code § 11512, the City has
determined that appeals shall continue to be heard by the Personnel Commission with the
administrative law judge presiding at the hearing, pursuant to Government Code §
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EXHIBIT H—FIREFIGHTERS' RIGHTS TO APPEAL DISCIPLINARY ACTION
I1512(b). The administrative law judge shall rule on the admission and exclusion of
evidence and advise the Personnel Commission on matters of law. The Personnel
Commission shall exercise all other powers relating to the conduct of the hearing pursuant
to pre-established Huntington Beach Rules. The process contemplated in this subsection
may be "reopened" for discussion after three years.
e. Time and Place of Hearing - Pursuant to Government Code § 11508, unless otherwise
decided by the Personnel Commission, a hearing shall be conducted at City Hall at a time
to be determined by the Personnel Commission.
f. Notice of the Hearing - Notice of the hearing shall be provided to the parties pursuant to
Government Code § 1 1509.
g. The Personnel Commission may recommend to sustain, reduce, or rescind the disciplinary
action taken where evidence produced in the hearing warrants such recommendation. The
standard at the hearing shall be "Just Cause." In all instances, the Personnel Commission
shall certify copies of its findings and decision to the City Manager, the department head
from whose action the appeal was made, and the appellant employee. The Board's decision
shall be final. Requests for reconsideration by the Personnel Commission shall be
governed by Government Code §11527.
The decision shall be in writing. The decision shall be served personally or by first class
mail, postage pre-paid, upon the firefighter as well as his/her attorney or representative, and
shall be accompanied by an affidavit or certificate of mailing. Judicial review of the
decision may be sought pursuant to Government Code § 11523 and the Code of Civil
Procedure.
h. In the event California Law cited herein is modified, these rules shall also be automatically
modified in accordance thereto.
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Res. No. 2017-39
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU 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 a Regular meeting thereof held on August 7, 2017 by the following vote:
AYES: O'Connell, Posey, Delgleize, Hardy, Brenden
NOES: Semeta, Peterson
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California