HomeMy WebLinkAboutENGLE, JIM - 2003-01-06Council/Agency Meeting Held:/-� -0 -3
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
City Clerk's Signature
' Council Meeting Date: January 6, 2003 I Department ID Number: AD 03-01
h,0- CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator
PREPARED BY: RAY SILVER, City Administrator -
SUBJECT: APPROVAL OF APPOINTMENT OF JIM ENGLE TO THE POSITION
OF DIRECTOR OF COMMUNITY SERVICES
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
The City Administrator is recommending City Council approval of Jim Engle to the position of
Director of Community Services as required by City Charter.
Funding Source: This is a budgeted position in fiscal year 2002-2003. No additional
funding is required.
Recommended Action:
MOTION TO:
1. Approve the appointment of Jim Engle to the position of Director of Community
Services, and
2. Approve and authorize execution by the City Administrator and City Clerk of the
Employment Agreement between the City of Huntington Beach and Jim Engle for the
position of Director of Community Services.
Alternative Action(s): Do not approve appointment of Jim Engle to the position of Director
of Community Services.
AUEST FOR COUNCIL ACTIQN
MEETING DATE: January 6, 2003
Analysis:
DEPARTMENT ID NUMBER: AD 03-01
The position of Director of Community Services became vacant with the retirement of Ron
Hagan on October 1, 2002. The City began the recruitment process to replace him shortly
before that, in the summer of 2002, when Mr. Hagan announced his intention. The City
received applications from a number of well -qualified candidates from the nationwide
recruitment that was managed by City staff. As a result of this process, the City
Administrator has appointed Jim Engle to the position of Director of Community Services,
and he is now recommending him for approval by the City Council as required by Section
401 of the City Charter.
Jim Engle began working for the City in June 1973. He has served twice as the Acting
Director of Community Services during vacancies in the position. He received his Bachelor
of Arts Degree from San Diego State University in 1972. Mr. Engle has consistently
demonstrated a very competent, hardworking, ethical, and dedicated performance for the
City over the past 29 years. He is well respected by the community and by this organization
as a result of his quality performance. Attached is the standard department head contract
used to place top management in at -will positions.
Environmental Status:
Attachment(s):
1 1 Employment Agreement between the City of Huntington Beach
and Jim Engle for the position of Director of Community
Services.
RCA Author: Silver
G:\SILVER\RCAs\Appointment of Engle.doc -2- December 26, 2002 11:18 AM
Brockway, Connie
From: Brockway, Connie
Sent: Friday, January 10, 2003 5:55 PM
To: Silver, Ray
Subject: Exhibit A
Will you please ensure that the new portion of exhibit "A" to Jim Engle's contract is provided to the Clerk's Office. Two
copies. As your name is on the RCA submittal I am requesting you ask your appropriate staff for it. The agreement as
you know was approved with this amendment. Connie
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ATTACHMENT-- 1
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
JIM B. ENGLE
Table of Contents
Section
1 DUTIES
2 STATUS AND TERM
3 SALARY
4 OTHER BENEFITS
5 ADMINISTRATIVE LEAVE.
6 TERMINATION AND SEVERANCE PAY.
7 DISABILITY .
8 PERFORMANCE EVALUATION
9 PROFESSIONAL DEVELOPMENT.
10 FINANCIAL DISCLOSURE.
11 INDEMNIFICATION.
12 GENERAL PROVISIONS
Page
2
3
2
3
3
3
5
5
6
6
6
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0 0
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
AM B. ENGLE
THIS AGREEMENT is entered into this 6th day of January, 2003, between the City of
Huntington Beach, a California municipal corporation, subsequently called "City," and Jim B.
Engle, subsequently called "Department Head."
WITNESSETH
The City Administrator has been empowered to appoint and remove Department Heads,
with approval of the City Council; and
The City, through the City Administrator, desires to employ the services of Jim B. Engle
as a Department Head, Director of Community Services of the City of Huntington Beach; and
It is the desire of the City to provide certain benefits, establish certain conditions of
employment, and to set working conditions of Department Head; and
It is the desire of the City to:
(1) Secure and retain the services of the Department Head and to provide inducement
for him to remain in such employment;
(2) To provide a means for terminating Department Head's service at such time as he
may be unable fully to discharge his duties due to disability or when City may otherwise desire to
terminate his employ; and
Department Head desires to accept employment as Director of Community Services of
the City;
NOW, THEREFORE, in consideration of the mutual covenants here contained, the
parties agree as follows:
SECTION 1. DUTIES. City agrees to employ Jim B. Engle as Director of Community
Services of the City to perform the functions and duties of that office as set forth in the
Municipal Code of the City of Huntington Beach and the City Charter, and to perform other
PDA: 2002 Agreements: Jim Engle Community Services Dir
legally permissible duties and functions as the City Administrator shall from time to time assign.
The Department Head shall devote his full attention and effort to the office and perform the
mentioned duties and functions in a professional manner.
SECTION 2. STATUS AND TERM.
(a) The Department Head shall serve for an indefinite term at the pleasure of the City
Administrator and shall be considered an at -will employee of the City.
(b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the City Administrator to terminate the employment of the Department Head at any time,
subject only to the provisions set forth in Section 6, paragraphs (a), (b) and (c) of this Agreement,
and Section 401 of the Charter of the City of Huntington Beach.
(c) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the
right of the Department Head to resign at any time from his position with the City, subject only
to the provisions set forth in Section 6, paragraph (d), of this Agreement.
(d) Department Head agrees to remain in the exclusive employ of City for an
indefinite period and shall neither accept other employment or become employed by any other
employer without the prior written approval of the City Administrator until notice of resignation
is given.
The term "employed" (and derivations of that term as used in the preceding paragraph)
shall include employment by another legal entity or self employment, however, shall not be
construed to include occasional teaching, writing, consulting, or military reserve service
performed on Department Head's time off, and with the advance approval of the City
Administrator.
SECTION 3. SALARY. City agrees to pay Department Head for his services rendered
pursuant to this Agreement at Range 629, Step E of the City's classification and compensation
plan or resolutions or ordinances from time to time enacted that govern such compensation.
SECTION 4. OTHER BENEFITS. In addition to the foregoing benefits, Department
Head shall also receive all such other benefits that are generally applicable to nonassociated
03agree/ingels/1/14/03 2
employees (department heads) hired prior to December 27, 1997, as set forth in Exhibit A,
attached hereto.
SECTION 5. ADMINISTRATIVE LEAVE. City Administrator may place the
Department Head on Administrative Leave with full pay and benefits at any time during the term
of this Agreement.
SECTION 6. TERMINATION AND SEVERANCE PAY.
(a) Except as provided in subsection (b), in the event the City Administrator
terminates the employment of the Department Head, and during such time that Department Head
is willing and able to perform his duties under this Agreement, then, the City shall pay to the
Department Head a severance payment equal to salary payments which the Department Head
would have been receiving over a twelve week period at the Department Head's current rate of
pay in effect on the day prior to the date of termination. In addition, for the lesser of ninety (90)
calendar days after the date of termination or the time the Department Head secures health and
medical insurance through attainment of comparable employment, the City shall maintain and
pay for health, medical, disability, the continuation of retirement benefits and life insurance in
such amounts and on such terms as have been received by the Department Head and the
Department Head's dependents at the time of such termination; however, no other or additional
benefits shall accrue during this ninety- (90) calendar -day period.
(b)(1) Notwithstanding subsection (a) above, the following reasons shall constitute
grounds to terminate the employment of the Department Head without severance pay:
(i) a willful breach of this agreement or the willful and repeated
neglect by the Department Head to perform duties that he or she is required to perform;
(ii) conviction of any criminal act relating to employment with the
City;
(iii) conviction of a felony.
(2) Prior to the time that the City Administrator terminates the Department
Head without severance pay for any of the reasons set forth in Section (b)(1) above, and only in
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PDA: 2002 Agreements: Jim Engle Community Services Dir
that case, the City Administrator shall provide the Department Head with written notice of
proposed termination which contains the reason and factual basis for such action. Within ten
days of such notice, the Department Head may request an opportunity to respond to the reasons
and factual basis provided by the City Administrator. If such a request to respond is made, the
City Administrator shall conduct a meeting, which may be informal in nature, at which the
Department Head may respond to the notice of proposed termination. At such meeting, the
Department Head may be represented by an attorney of his choice and present evidence or
information relevant to the reasons and factual basis set forth in the notice of proposed
termination. Subsequently, the decision of the City Administrator as to whether reasons set forth
in Section (b)(1) exist or do not exist shall be final as between the parties.
(c) In the event the City at any time during the term of this Agreement reduces the
salary of Department Head from its then current year level, except as part of an across-the-board
reduction for all Department Heads of City, or in the event City refuses, following written notice,
to extend to the Department Head any nonsalary benefit customarily available to all Department
Heads, or in the event the Department Head resigns following a suggestion, whether formal or
informal, by the City Administrator that he or she resign, then, in those events, the Department
Head may, at his option, be deemed to be "terminated" at the date of such reduction or such
refusal to extend or such suggestion of resignation within the meaning and context of the
severance pay provision in paragraph (a) above; provided that such option to be deemed
terminated must be exercised by written notice from the Department Head to the City
Administrator within ten (10) working days of notification of such reduction, refusal to extend,
or suggestion of resignation. In that event, the severance payment shall be calculated from the
date the Department Head exercises the option to be deemed terminated.
(d) In the event Department Head voluntarily resigns his position, the Department
Head shall give City written notice at least thirty (30) days prior to the last workday, unless the
City Administrator and Department Head otherwise agree. Unless there is agreement to the
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PDA: 2002 Agreements: Jim Engle Community Services Dir
contrary, if the Department Head fails to provide such notice to the City Administrator, any right
to accrued benefits for sick pay shall terminate.
(e) It is understood that after notice of termination in any form, Department Head and
City will cooperate to provide for an orderly transition. Specific responsibilities during such
transition may be specified in a written separation agreement.
SECTION 7. DISABILITY. If Department Head is totally disabled or otherwise
unable to perform his duties because of sickness, accident, injury, mental incapacity or ill health,
he or she shall be eligible for Disability Leave upon exhausting all accrued sick leave and
vacation leave, and duty injury leave if applicable. Disability Leave shall be unpaid and shall be
approved by the City Administrator for a time period of up to three (3) months. The length of
such time period of the Disability Leave shall be dependent upon the length of the disability as
demonstrated by the Department Head. If the Department Head is unable to return to work at
that time, City shall have the option to terminate the employment of the Department Head,
subject to the requirements imposed on the City by Section 6, paragraph (a).
SECTION 8. PERFORMANCE EVALUATION. The City Administrator shall
review and evaluate in writing the performance of the Department Head at least once annually.
That review and evaluation shall be in accordance with specific criteria developed in consultation
with the Department Head and City Administrator. Those criteria may be added to or deleted
from as the City Administrator may from time to time determine, in consultation with the
Department Head.
SECTION 9. PROFESSIONAL DEVELOPMENT. City agrees to budget and pay
for professional memberships normally accorded Department Heads. The Department Head shall
also receive paid leave, plus registration, travel and reasonable expenses for short courses,
conferences and seminars that are necessary for his personal development and, in the judgment of
the City Administrator, for the good of the City, and subject to budget limitations and to
established travel policies and procedures.
PDA: 2002 Agreements: Jim Engle Community Services Dir
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SECTION 10. FINANCIAL DISCLOSURE
The Department Head shall report to
the City Administrator any ownership interest in real property within the County of Orange,
excluding personal residence. Also, the Department Head shall report to the City Administrator
any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work
for the City or from which the City intends to make a purchase. Such reporting shall be made in
writing by the Department Head to the City Administrator within ten (10) calendar days of the
execution of this agreement and further within ten (10) calendar days of acquisition of that
interest in real property. Additionally, the Department Head shall report in writing to the City
Administrator any financial interest greater than Ten Thousand Dollars ($10,000) in value in a
firm doing work for the City or from whom the City intends to make a purchase immediately
upon notice of the intended work or purchase.
SECTION 11. INDEMNIFICATION. City shall defend and indemnify the Department
Head against any action, including but not limited to any: tort, professional liability claim or
demand, or other noncriminal legal, equitable or administrative action, whether groundless or
otherwise, arising out of an alleged act or omission occurring in the performance
of the Department Head's duties as an employee or officer of the City, other than an action
brought by the City against the Department Head, or an action filed against the City by the
Department Head. In addition, the City shall pay the reasonable expenses for the travel, lodging,
meals, and lost worktime of the Department Head should the Department Head be subject to
such, should an action be pending after termination of the Department Head. City shall be
responsible for and have authority to compromise and settle any action, with prior consultation
with Department Head, and pay the amount of any settlement or judgment rendered on that
action. Department Head shall cooperate fully with the City in the settlement, compromise,
preparation of the defense, or trial of any such action.
SECTION 12. GENERAL PROVISIONS.
(a) The text here shall constitute the entire Agreement between the parties.
(b) This Agreement shall become effective commencingJanuary 7, 2003.
PDA: 2002 Agreements: Jim Engle Community Services Dir
(c) If any provision, or any portion of any provision, contained in this Agreement is
held unconstitutional, invalid, or unenforceable, the remainder of this Agreement,
or any portion of it, shall be deemed severable, shall not be affected and shall
remain in full force and effect.
(d) No amendment of this Agreement shall be effective unless in writing and signed
by both parties here.
IN WITNESS WHEREOF, the City of Huntington Beach has caused this Agreement to
be signed and executed on its behalf by its City Administrator and duly attested by its City Clerk,
and the Department Head has signed and executed this Agreement, both in duplicate, the day and
year first above written.
THE CITY OF HUNTINGTON
RayAilver, City Admim
ATTEST:
t1C By:
City Clerk
a
By:
Jim . Engle
APPROVED AS TO FORM:
t
By:
City Attorney
PDA: 2002 Agreements: Jim Engle Community Services Dir
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EXHIBIT A
NON-ASSVCIATED EMPLOYEE BENEFITS RESOLUTION
TABLE OF CONTENTS
EXHIBIT A - NON -ASSOCIATED EMPLOYEES BENEFIT PROVISIONS . 3
SECTION I — SPECIAL PAY 3
A. Education Reimbursement 3
B. Shorthand Skill Pay 3
C. Assigned Vehicle/Auto Allowance 3
1. Department Heads 3
2. Designated Di,6sion Heads 3
3. Others 3
D. City Paid Phvsical Examinations 4
E. Bilingual Skill 4
F. Process Owner Assignment Pay 4
SECTION H — HO URS OF WORKIOVERTIME/TIME OFF 5
A.
Compensatory Time/Administrative Leave/Executive Leave 5
B.
Direct Deposit 5
C.
Flexible and Alternative Work Schedules 5
SECTION III — HEAL THAND OTHER INSURANCE BENEFITS 6
A. -
Medical, Denial and Vision Insurance 6
B.
Life and Accidental Death and Dismemberment Insurance 8
C.
Lone Term Disability Insurance 8
D.
Miscellaneous 8
E.
Emplovee Cost Sharing 9
F.
Joint Cafeteria Plan Study 9
SECTION IV — RETIREMENT 9
A. Beneri 9
1. Public Employees' Retirement System 9
2. Self -Funded Supplemental Retirement Benefit 9
3. Medical Insurance for Retirees 10
4. Two Percent (21/6) at Age 55 Formula 10
5. Pre -Retirement Optional Settlement 2 Death Benefit 10
6. Fourth Level of 1959 Survivor Benefits 10
B. Public Emplovees' Retirement System Reimbursement and Reporting 10
1. Employees` Contribution 10
SECTION V —LEAVE BENEFITS Il
A. General Leave 11
1. Accrual 11
2. Eligibili1y and Approval 11
3. Family Sick Leave 11
4. Conversion to Cash 11
B. Holidays 12
2003 NA Resolution Final.doc i 10/28/2002 4:11 PM
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C. Sick Leave 12
D. Bereavement Leave 14
SECTION VI — RETIREE SUBSIDYMEDICAL PLAN 14
1. Minimum Eligibility for. Benefits 15
2. Disability Retirees 15
3 Maximum Monthl Subsidy Pa ents 16
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SECTION PH — R ULES GOVERNING LAYOFF, RED UCTION IN LIEU OF LAYOFF
AND RE EMPLOYMENT
A. Part 1- Layoff Procedures
1. General Provisions:
_
17
17
17
2.
Service Credit:
17
3.
Transfer or Reduction to Vacancies in Lieu of Layoff:
18
4.
Order of Layoff:
18
5.
Notification of Employees:
19
B.
1.
Part 2 - Bumping Rights
VoluntaKy Reduction or Bumping in Lieu of Layoff:
20
20
2.
Reinstatement/Reemployment Lists
20
3.
Qualifications Appeal
20
4.
C.
1.
Qualifications Appeal Hearin:
Part 3 - Reemployment
Reemployment:
21
21
21
2.
Status on Reemnlovment:
22
EXHIBIT B - NON-ASSOCL4TED SALARYSCHEDULE 23
EXHIBIT C - RETIREE MEDICAL PLAN 24
EXHIBIT D - 9180 WORK SCHEDULE 29
2003 NA Resolution Final.doc ii 10/28/2002 4:11 PM
EXHIBIT A - NON -ASSOCIATED EMPLOYEES BENEFIT PROVISIONS
SECTION I — SPECIAL PAY
A. Education Reimbursement
Upon approval of the Department Head and the Human- Resources Manager,
permanent employees may be compensated for courses from accredited educational
institutions. Tuition reimbursement shall be limited to job related courses or job related
educational degree objectives and requires prior approval by the Department Head and
Human Resources Manager.
Education costs shall be reimbursed to permanent employees on the basis of a full
refund for tuition, books, parking (if a required fee) and any other required fees upon
presentation of receipts. However, the maximum reimbursement shall be not more
than one thousand five hundred dollars ($1,500) in any fiscal year period.
Reimbursements shall be made when the employee presents proof to the Human
Resources Manager that he/she has successfully completed the course with a grade of
"C" or better; or a "Pass" if taken for credit.
B. Shorthand Skill Pay
Effective December 21, 2002 the city shall end shorthand . skill pay. All employees
receiving shorthand skill pay . prior . to December 21, 2002 shall continue to receive
shorthand skill pay. Those employees receiving shorthand skill pay have successfully
passed a shorthand skills test and receive additional compensation in the amount of
forty-six dollars and fifteen cents ($46.15) per bi-weekly pay period. Shorthand skills
will not be required for positions classified as Executive Assistant, Administrative
Assistant, and Administrative Secretary (Confidential).
C. Assigned Vehicle/Auto Allowance
Department Heads
Appointed Department Heads and the City Clerk, City Treasurer and City
Attorney shall have the option of an assigned city vehicle or an auto allowance of
two hundred thirty dollars and seventy-seven cents ($230.77) per bi-weekly pay
period plus reimbursement of out-of-town travel at the approved mileage rate.
2. Designated Division Heads
Non -Associated employees who were Division Heads assigned a city vehicle as
of July 2, 1983 shall have the option of an assigned city vehicle or an automobile
allowance one hundred sixty one dollars and fifty-four cents ($161.54) per bi-
weekly pay period plus reimbursement for out-of-town travel at the approved
mileage rate.
3. Others
Non -Associated employees who are regularly required to travel to perform
official city business but do not have an assigned vehicle or automobile
allowance shall be provided with a vehicle for such business.
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10/28/2002 4:11 PM
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D. City Paid Physical Examinations
Non -Associated employees shall be provided, once every two years, with a city paid
physical examination comparable to the current class physical examination or
reimbursed the amount authorized for said physical examination. No more than one-
half of the eligible employees shall receive examinations in any one fiscal year.
<Department Heads shall be required to take the scheduled physical examination. Said
exam shall be comprehensive in nature and shall include: -
1. A complete medical history, physical exam and review of results by physician.
2. Health testing including vision, hearing, breathing, chest x-ray and stress EKG.
3. Laboratory test including standard chemical test, blood count, HDL, urinalysis
and stool test for blood.
E. Bilingual Skill
Permanent employees who are required by their Department Head to use Spanish,
Vietnamese, or Sign Language skills as part of their job assignment, shall be paid an
additional five -percent (5%) of their base hourly rate in addition to their regular bi-
weekly salary. Permanent employees may accept assignments utilizing bilingual skills
in other languages on a short-term assignment with approval by the City Administrator.
Such employees shall receive the additional five percent (5%) for every bi-weekly pay
period that the assignment is in effect. In order, to be eligible for said compensation,
employee's language proficiency will be tested and certified by the Human Resources
Manager or designee.
F. Process Owner Assignment Pay
Those employees performing assignments designated by the city as "process owner"
assignments shall receive premium pay equal to ten percent (10%) of the employee's
base hourly rate.
Process owner assignments are designated by the employee's department head and
approved by the City Administrator or his designee. Designated employees are
responsible for JDEdwards applications setup, design, troubleshooting and training.
Process owners have system coordination responsibilities as distinguished from users
of.the system.
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SECTION II — HOURS OF WORK/OVERTIME/TIME OFF
A. Compensatory Time/Administrative Leave/Executive Leave
Non -Associated "non-exempt" employees shall receive overtime pay or compensatory
time for hours worked over forty (40) hours in a work week at time and one half of the
employee's- Fair LaborStandards Act (FLSA) regular rate of pay. The employee's
supervisor shall determine if employee receives overtime pay or compensatory time.
The employee's supervisor shall approve the scheduling of compensatory time used.
Once per fiscal year an employee may cash out up to sixty (60) hours of compensatory
time. The employee shall give payroll two (2) weeks advance notice of their decision to
exercise such option.
Non -Associated "Exempt" employees shall not be eligible for overtime compensation.
"Exempt" Non -Associated employees, other than department heads, shall be credited
with (40) hours of administrative leave upon working 40 hours beyond their normal work
schedule in each calendar year. Department heads may grant additional administrative
leave to "Exempt" Non -Associated employees who work more than 75 hours of
overtime per year. "Exempt' department heads shall be credited with 80 hours of
administrative leave per year.
B. Direct Deposit
All Non -Associated employees are required to utilize direct deposit of payroll checks.
C. Flexible and Alternative Work Schedules
Effective February 1, 2003, with supervisor and Department Head approval, Non -
Associated civic center (city hall and police department) employees may flex regular
scheduled start times between the hours of 7:00 a.m. to 9:00 a.m. Flex schedules shall
not reduce service to the public, departmental effectiveness, productivity and/or
efficiency as determined by the City Administrator or designee.
Effective February 1, 2003 all employees will be required to take a one -hour lunch
break each work shift regardless of work schedule.
Effective February 1, 2003, Non -Associated civic center (city hall and police
department) employees will have the option of working a 5/40 or 9/80 work schedule
with supervisor and Department Head approval In order to maintain service to the
public, departmental effectiveness, productivity and/or efficiency a Department Head
may assign an employee a different work schedule that is in compliance with the
requirements of the Fair Labor Standards Act (FLSA) with City Administrator approval.
1. 5/40 Work Schedule
The 5/40 work schedule shall be defined as working five (5) eight (8) hour days
Monday through Friday each week with a one -hour lunch during each work shift,
totaling a forty (40) hours work week.
2. 9/80 Work Schedule
The 9/80 work schedule, as outlined in Exhibit D, shall be defined as working
nine (9) days for eighty (80) hours in a two week pay period by working eight (8)
days at nine (9) hours per day and working one (1) day for eight (8) hours
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(Friday), with a one -hour lunch during each work shift, totaling forty (40) hours in
each FLSA work week. The 9/80 work schedule shall not reduce service -to the
public, departmental effectiveness, productivity and/or efficiency as determined
by the City Administrator or designee.
SECTION III - HEALTH AND OTHER INSURANCE BENEFITS
A. Medical, Dental and Vision Insurance
1) Medical, Dental and Vision Insurance
The city shall continue to make available group medical, dental and vision
benefits to all Non -Associated employees. The City Administrator is
authorized to modify the level of contributions (e.g. the "caps" described
below), the level of benefits, co -pays, out-of-pocket maximums, and/or other
components (the "benefits") of the group medical, dental and vision plans to
reflect changes necessary to make the benefits comparable to the benefits
provided to represented employee associations in the city.
2) City Paid Medical, Dental, and Vision Insurance — Employee and Dependents
The city will assume payment, subject to the limitations set forth in
Article III.A.2.a-b for employees and dependents medical, dental, and vision
insurance effective the first of the month following one complete calendar
month of employment.
a. Year 2003 Premiums — The City "caps" its contributions for 2003
premiums at the level set forth in the chart below (subject to employee
cost sharing provisions in Section III.E of this resolution)
Monthly
Premium
City Plan
HMO
Dental
(PPO)
Dental
(PMI)
Vision
EE
$ 341.62
$ 225.32
$ 46.97
$ 23.00
$ 18.07
EE + 1
675.54
493.75
89.74
39.11
18.07
EE + 2 or more
827.10
650.80
127.46
59.81
18.07
b. Future Premiums — The City "caps" its contributions toward monthly
group medical, dental and vision plan premiums, by category (EE, EE
+ 1, and EE + 2 or more) and plan, at the rate in effect January 1,
2003 for the year ending December 31, 2003.
3) Medical Cash Out —If an employee is covered by a medical program outside
of a city -provided program (evidence of which must be supplied to the
Administrative Services Department Employee Benefits), they may elect to
discontinue city medical coverage and receive ninety-two dollars and thirty-
one cents ($92.31) bi-weekly to deposit into their Deferred Compensation
account or any other pre-tax program offered by the city.
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4) Section 125 Plan — This plan allows employees to use pre-tax salary .to pay
for regular childcare, adult dependent care and/or medical expenses.
2003 NA Resolution Final.doc 7 10/28/2002 411 PM
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B. Life and Accidental Death and Dismemberment Insurance
Each Non -Associated employee shall be provided with $45,000 life insurance and
$45,000 accidental death and dismemberment insurance paid for by the city. Each
employee shall have the option, at his/her own expense, to purchase additional
amounts of life insurance and accidental death and dismemberment insurance to the
extent provided by the city's current providers. Evidence of insurability is contingent
upon total participation in additional amounts.
C. Long Term Disability Insurance
This program provides for each incident of illness or injury, a waiting period of thirty (30)
calendar days during which the Non -Associated employee may use accumulated sick
leave, general leave, compensatory time off, administrative leave, executive leave pay.
Subsequent to the thirty (30) day waiting period, the employee will be covered by an
insurance plan paid for by the city providing sixty-six and two-thirds percent (66 2/3%)
of the first $12,500 of the employee's basic monthly earnings up to a maximum monthly
benefit of $8,332.50.
The maximum benefit period for disability due to injury or illness shall be to age sixty-
five (65).
Days and months refer to calendar days and months. Benefits under the plan are
integrated with sick leave, Worker's Compensation, Social Security and other non -
private program benefits to which the employee may be entitled. Disability is defined
as: "The inability to perform all of the duties of regular occupation during two years and
thereafter the inability to engage in any employment or occupation, for which he/she is
fitted by reason of education, training or experience." Rehabilitation benefits are
provided in the event the individual, due to disability, must engage in other occupation.
Survivor's benefits continue the plan payment for three (3) months beyond death. A
copy of the plan is on file in the Administrative Services Department.
D. Miscellaneous
When a Non -Associated employee is on a leave of absence without pay for reason of
medical disability, the city shall maintain the city paid insurance premiums during the
period the employee is in a non -pay status for the length of said leave, not to exceed
twenty-four (24) months.
2003 NA Resolution Final.doc
8
10/28/2002 4:11 PM
E. Employee Cost Sharing
Starting January 4, 2003 employees will share in the city's total cost of providing
benefits (medical, dental, vision, life, and accidental death & dismemberment) with a bi-
weekly pre-tax payroll deduction in the amounts below based on the employee's usage
category of the medical benefit.
I
Employee Cost
Sharing
Per Pay
Period
Annual
EE
$ 6.75
$ 175.50
EE + 1
14.00
364.00
EE + 2 or more
18.90
491.40
Until the City Council approves changes to the Non -Associated Resolution, 2003 rate
caps will remain in place in 2004 and beyond, even if premium increases result in these
additional costs being borne by the employee.
F. Joint Cafeteria Plan Study
The city and two Non -Associated employees will convene an ad -hoc committee to
study a cafeteria plan for employee benefits. The ad -hoc committee will finalize its
report by June 30, 2003. The resulting report may have an effect on 2004 benefit
costs.
SECTION IV — RETIREMENT
A. Benefits
1. Public Employees' Retirement System
Non -Associated employees shall be entitled to retirement benefits appropriate to
his/her class as defined in the contract between the Board of Administration,
Public Employees' Retirement System and the City Council of the City of
Huntington Beach.
2. Self -Funded Supplemental Retirement Benefit
In the event a Non -Associated employee member elects Option #2
(Section 21456) or Option #3 (Section 21457) of the Public Employees'
Retirement Law, the city shall pay the difference between such elected option
and the unmodified allowance which the member would have received for his or
her life alone. This payment shall be made only to the member (Non -Associated
employee), shall be payable by the city during the life of the member, and upon
that member's death, the city's obligation shall cease. Unless previously
excluded by employment or resolution, eligibility for this benefit is limited to
employees hired before December 27, 1997.
1
4:11 PM
J Y
3. Medical Insurance for Retirees
a. Upon retirement, whether service or disability connected, each Non -
Associated employee shall be entitled to cause self, spouse and dependents
to participate fully in the city's group health insurance program at the
equivalent of the city's group premium rate in accordance with'the -provisions
'
specified by Consolidated Omnibus Budget Reconciliation Act" of 1985
(COBRA). Such participation shall be at employee's expense and upon
terms, conditions and restrictions currently in effect.
b. As an alternative to the benefit described in paragraph IV.A.3.a above, the
city will provide a financial contribution towards the cost of retiree medical
premiums as described in Section VI.
4. Two Percent (2%) at Age 55 Formula
Non -Associated employees shall be covered by the two percent at age 55
formula (2% @ 55) as identified in Section 21354.
5. Pre -Retirement Optional Settlement 2 Death Benefit
Non -Associated employees shall be covered by the Pre -Retirement Optional
Settlement 2 Death Benefit as identified in Section 21548 when approved by the
City Council.
6. Fourth Level of 1959 Survivor Benefits
Non -Associated employees shall be covered by the Fourth Level of the 1959
Survivor Benefit as identified in Section 21574 when approved by the City
Council.
B. Public Employees' Retirement System Reimbursement and Reporting
1. Employees' Contribution
Non -Associated employees shall be reimbursed bi-weekly in an amount equal to
7% of the employee's base salary (9% for safety employees) as a pickup of the
employee's contribution or portion of such contribution to the Public Employees'
Retirement System (PERS). The above PERS pickup is not base salary but is
done pursuant to Section 14(h)(2) of the Internal Revenue Code.
2003 NA Resolution Final.doc
10
10/28/2002 4:11 PM
SECTION V — LEAVE BENEFITS
A. General Leave
1. Accrual
Employees will accrue General Leaveat the accrual rates outlined below.
General leave may used for any purpose, including vacation, sick leave, and
personal leave.
General leave for non -associated employees shall be accrued as follows:
Years of Service General Allowance
First throu h Fourth Year
176 hours
Fifth through Ninth Year
200 hours
Tenth through Fourteenth Year
224 hours
Fifteenth Year and Thereafter
256 hours
2. Eligibility and Approval
General leave must be pre -approved except for illness, injury or family sickness,
which may require a physician's statement for approval. Accrued general leave
may not be taken prior to six (6) months' service except for illness, injury or
family sickness. General leave accrued time is to be computed from hiring date
anniversary.' Members shall not be permitted to take. general leave in excess of
actual time earned. Members shall not accrue general leave in excess of six
hundred (600) hours. Employees may not use their general leave to advance
their separation date on retirement or other separation from employment.
3. Family Sick Leave
As required by law, employees will be allowed to use up to one-half of their
annual General Leave accrual for family sick leave, pursuant to the provisions of
California Family Code Section 297, et. seq.
The city will provide family and medical care leave for eligible employees that
meet all requirements of State and Federal law. Rights and obligations are set
forth in the Department of Labor Regulations implementing the Family Medical
Leave Act (FMLA), and the regulations of the California Fair Employment and
Housing Commission implementing the California Family Rights Act (CFRA).
4. Conversion to Cash
a. Pay Off at Termination — An employee shall be paid for unused general leave
upon termination of employment at which time such terminating employee
shall receive compensation at their current salary rate for all unused, earned
general leave to which they are entitled up to and including the effective date
of their termination.
2003 NA Resolution Final.doc
10/28/2002 4:11 PM
b. Conversion to Cash — Once during each fiscal year, each permanent
employee shall have the option to convert into a cash payment or deferred
compensation up to a total of one hundred -twenty (120) of general leave
benefits. The employee shall give payroll two (2) weeks advance notice of
their decision to exercise such option.
c One Week Minimum Vacation Requirement
The City Administrator may require certain positions which handle money or
transfer funds to take a minimum of one week, (i.e., five consecutive work
days) paid vacation each calendar year.
B. Holidays
The following are paid eight (8) hour holidays:
1. New Year's Day
2. Martin Luther King Day (third Monday in January)
3. Presidents Day (third Monday in February)
4. Memorial Day (last Monday in May)
5. Independence Day (July 4)
6. Labor Day (first Monday in September)
7. Veteran's Day (November 11)
8. ` Thanksgiving Day (fourth: Thursday in November)
9. The Friday after Thanksgiving
10. Christmas Day (December 25)
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 the City of Huntington Beach.
For Civic Center holiday closure purposes, holidays which fall on Sunday shall be
observed the following Monday, and those falling on Saturday shall be observed the
preceding Friday.
C. Sick Leave
1. Accrual No employee shall accrue sick leave.
2. Credit — Employees assigned to Non -Associated shall carry forward their sick
leave balance and shall no longer accrue sick leave credit.
3. Usage — Employees may use accrued sick leave for the same purposes for
which it was used prior to December 25, 1999. Sick leave shall not be used to
extend absences due to work related (industrial) injuries or illnesses, this
provision shall be added to Personnel Rule 18.10.
4. Family Sick Leave — The city will provide family and medical care leave for
eligible employees that meet all requirements of State and Federal law. Rights
and obligations are set forth in the' Department of Labor Regulations
12
10/282002 4:11 PM
0
0?DoeL yd9
5.
implementing the Family Medical Leave Act (FMLA), and the regulations of the
California Fair Employment and Housing Commission implementing the
California Family Rights Act (CFRA).
Pay Off at Termination
a. Non Associated 'employees with continuous service with the city since
November 20, 1978 shall be entitled to the following sick leave payoff plan:
At involuntary termination by reason of disability, or by death, or by
retirement, employees shall be compensated at their then current rate of pay
for seventy-five percent (75%) of all unused sick leave accumulated as of
July 1, 1972, plus fifty percent (50%) of unused sick leave accumulated
subsequent to July 1, 1972, up to a maximum of seven hundred and twenty
hours (720) of unused, accumulated sick leave, except as provided in
paragraph V.C.5.d below.
Upon termination for any other reason, employees shall be compensated at
their then current rate of pay for fifty percent (50%) of all unused accumulated
sick leave, up to a maximum of 720 hours of such accumulated sick leave.
b. Non -Associated employees hired after November 20, 1978 shall be entitled
to the following sick leave payoff plan:
Upon termination, all employees shall be paid, at their then current salary
rate, for twenty-five percent (25%) of unused, earned sick leave to 480 hours
accrued, and for thirty-five percent (35%) of all unused, earned sick leave in
excess of 480 hours, but not to exceed 720 hours, except as provided in
paragraph V.C.2.c below.
c. Except as provided in paragraph V.C.5.d below, no Non -Associated
employee shall be paid at termination for more than 720 hours of unused,
accumulated sick lave. However, employees may utilize accumulated sick
leave on the basis of "last in, first out," meaning that sick leave accumulated
in excess of the maximum for payoff may be utilized first for sick leave, as
defined in Personnel Rule 18-8.
d. Non -Associated employees who had unused, accumulated sick leave in
excess of 720 hours as of July 5, 1980, shall be compensated for such
excess sick leave remaining on termination under the formulas described in
paragraphs V.C.5.a and b above. In no event shall any employee be
compensated upon termination for any accumulated sick leave in excess of
the "cap" established by this paragraph (i.e., 720 hours plus the amount over
720 hours existing on July 5, 1980). Employees may continue to utilize sick
leave accrued after that date in excess of such "cap" on a "last in, first out"
basis. To the extent that any such "capped" amount of excess sick leave
over 720 hours is utilized, the maximum compensable amount shall be
correspondingly reduced. (Example: Employee had 1,000 hours
accumulated. Six months after July 5, 1980, employee had accumulated
�nM nie O-enh i inn Final cinc 13 10/28/2002 4.11 PM
another 48 hours. Employee is then sick for 120 hours. Employee's
maximum sick leave "cap" for compensation at termination is now reduced by
72 hours to 928.)
D. Bereavement Leave
Employees shall be entitled to bereavement leave not to exceed twenty-four (24),hours
in each instance of death in the immediate family. Immediate family is defined as
father, mother, sister, brother, spouse, children, grandfather, grandmother, stepfather,
stepmother, step grandfather, step grandmother, grandchildren, stepsisters,
stepbrothers, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law,
sister-in-law, stepchildren, or wards of which the employee is the legal guardian.
SECTION VI — RETIREE SUBSIDY MEDICAL PLAN
An employee who has retired from the city shall be entitled to participate in the city sponsored
medical insurance plans and the city shall contribute toward monthly premiums forcoverage in
an amount as specified in accordance with this Plan, provided:
A. At the time of retirement the employee has a minimum often (10) years of continuous
city service or is granted an industrial disability retirement; and
B. At the time of retirement, the employee is. employed by the city; and
C. Following official separation from the city, the employee is granted a retirement
allowance by the California Public Employees' Retirement System.
The city's obligation to pay the monthly premium as indicated shall be modified
downward or cease during the lifetime of the retiree upon the occurrence of any one of
the following:
1. During any period the retired employee is eligible to receive or receives
health insurance coverage at the expense of another employer, the
payment will be suspended. "Another employer" as used herein means
private employer or public employer or the employer of a spouse. As a
condition of being eligible to receive the premium contribution as set forth
in this plan, the city shall have the right to require any retiree to annually
certify that the retiree is not receiving or eligible to receive any such health
insurance benefits from another employer. If it is later discovered that a
misrepresentation has occurred, the retiree will be responsible for
reimbursement of those amounts inappropriately expended and the
retiree's eligibility to receive further benefits will cease.
2. On the first of the month in which a retiree or dependent reaches age 65
or on the date the retiree or dependent can first apply and become
eligible, automatically or voluntarily, for medical coverage under Medicare
(whether or not such application is made) the city's obligation to pay
monthly premiums may be adjusted downward or eliminated. Benefit
1
EXh ibif 'P jDA - ho. =
aoaA�/,Pqp
coverage at age 65 under the city's medical plans shall be governed by
applicable plan document.
3. In the event of the death of any employee, whether retired or not, the
amount of the retiree medical insurance subsidy benefit which the
deceased employee was receiving at the time of his/her death would be
eligible to receive if he/she were retired at the time of death, shall be paid
on behalf of the spouse or family for a period not to exceed twelve (12)
months.
D. Schedule of Benefits
1. Minimum Eligibility for Benefits
With the exception of an industrial disability retirement, eligibility for benefits
begin after an employee has completed ten (10) years of continuous service with
the City of Huntington Beach. Said service must be continuous unless prior
service is reinstated at the time of his/her rehire in accordance with the city's
Personnel Rules.
2. Disability Retirees
Industrial disability retirees with less than ten (10) years of service shall receive a
maximum monthly payment toward the premium for health insurance of $121.
Payments shall be in accordance with the stipulations and conditions, .which
exist for all retirees. Payment shall not exceed dollar amount, which is equal to
the full cost of premium for employee only.
10/28/2002 4:11 PM
3
Maximum Monthly Subsidy Payments
All retirees, including those retired as a result of disability whose number of
years of service prior to retirement exceeds ten (10) years, shall be entitled to
maximum monthly payment of premiums by the city for each year of completed
city service as follows:
Maximum Monthly Payment
for Retirements After:
Years of Service
10
11
12
13
14
15
16
17
18
19
20
21
22
23 .
24
25
Subsid
$121
136
151
166
181
196
211
226
241
256
271
286
300
315
330
344
Note: The above payment amounts may be reduced each month as dependent eligibility ceases due
to death, divorce or loss of dependent child status. However, the amount shall not be reduced
if such reduction would cause insufficient funds needed to pay the full premium for the
employee and the remaining dependents. In the event no reduction occurs and the remaining
benefit premium is not sufficient to pay the premium amount for the employee and the eligible
dependents, said needed excess premium amount shall be paid by the employee.
■
2003 NA Resolution Final.doc
16
10/28/2002 4:11 PM
<* ■
U _®
SECTION VII — RULES GOVERNING LAYOFF, REDUCTION IN LIEU
OF LAYOFF AND RE-EMPLOYMENT
The following procedures shall not apply to Department Heads and the Assistant City
Administrator.
A. Part 1 - Layoff Procedures
1. General Provisions:
a.) Whenever it is necessary because of lack of work or funds to reduce the staff
of a city department, employees may be laid off pursuant to these rules.
b. Whenever an employee is to be separated from the competitive service
because the tasks assigned are to be eliminated or substantially changed
due to management -initiated changes, including but not limited to automation
or other technological changes, it is the policy of the city that steps be taken
by the Human Resources Division on an interdepartmental basis to assist
such employee in locating, preparing to qualify for, and being placed in other
positions in the competitive service. This shall not be construed as a
restriction on the city government in effecting economies or in making
organizational or other changes to increase efficiency.
c. A department shall reduce staff by identifying which positions within the
department are to be eliminated.
d. The employee who has the least city-wide service credit in the class within
the department shall have city-wide transfer rights in the class pursuant to
Part 1., Section 3., Transfer or Reduction to Vacancies in Lieu of Layoffs, or
within the occupational series pursuant to Part 2, Bumping Rights.
e. If a deadline within this procedure falls on a day the City Hall is closed, the
deadline shall be the next day City Hall is open.
2. Service Credit:
a. Service credit means total time. of full-time continuous service within the city
at the time the layoff is initiated, including probation, paid leave or military
leave. Permanent part-time employees earn service credit on a pro rata
basis.
b. Except as required by law, leaves of absence without pay shall not earn
service credit.
c. As between two or more employees who have the same amount of service
credit, the employee who has the least amount of service in class shall be
deemed to be the least senior employee.
2003 NA Resolution Final.doc
17
10/28/2002 4:11 PM
i�
of 12 %
20 o:.-l04
Transfer or Reduction to Vacancies in Lieu of Layoff:
a. In lieu of layoff, a transfer within class shall be offered to an employee(s) with
the least amount of service credit in the class designated for staff reduction
within a department subject to the following:
1) The employee has the necessary qualifications to perform the duties of
the position.
2) The employee shall be given the opportunity, in order of service credit,
to accept a transfer to a vacant position in the same class within the city,
provided the employee has the necessary qualifications to perform the
duties of the position.
3) If no position in the same class is vacant, the employee shall be given
the opportunity, in order of service credit, to transfer to the position in
the same class that is held by an incumbent in another department with
the least amount of service credit whose position the employee has the
necessary qualifications to perform.
a) If an employee(s) is not eligible for transfer within the employee's
class, the employee shall be offered, in order of service credit, a
reduction to a vacant position in the next lower class within. the city
in the occupational series in lieu of layoff provided the employee
has the necessary qualifications to perform the duties of the
position.
b) If the employee refuses to accept a transfer or reduction pursuant
to A. or B., above, the employee shall be laid off.
c) If the employee(s) in the class with the least amount of service
credit is in the position(s) to be eliminated or displaced by transfer,
the employee shall be offered bumping rights, pursuant to Part 2.
d) Any employee who takes a reduction to a position in a lower class
within the occupational series in lieu of layoff shall be placed on the
reinstatement/reemployment list(s) pursuant to Part 3.,
Reemployment.
4. Order of Layoff:
a. Prior to implementing a layoff, vacant positions that are authorized to be filled
shall be identified by citywide occupational series. If the employee refuses to
accept a position pursuant to Section 3., above, the employee shall be laid
off.
b. No promotional probationary employee or permanent employee within a class
in the department shall be laid off until all temporary, non -permanent part-
time and non -promotional probationary employees in the class are laid off.
al.doc
18
10/28/2002 4:11 PM
aoo�•io9
Permanent employees whose positions have been eliminated may exercise
citywide bumping rights to a lower class in the occupational series pursuant
to Part 2.
c. When a position in a class and/or occupational series is eliminated, any
employee in the class who is on authorized leave of absence or is holding a
temporary acting position in another class shallbe included for determining
order of service credit and be subject to these layoff procedures as if the
employee was in his or her permanent position.
5. Notification of Employees:
a. The Human Resources Division shall give written notice of layoff to the
employee by personal service or by sending it by certified mail to the last
known mailing address at least fifteen (15) days prior to the effective date of
the layoff. Normally notices will be served on employees personally at work.
b. Layoff notices may be initially issued to all employees who may be subject to
layoff as a result of employees exercising voluntary reduction/bumping rights.
c. The notice of layoff shall include the reason for the layoff, the effective date of
the layoff, the employee's hire date and the employee's service credit
ranking. The notice shall also include the employee's -right to bump the
person. in a lower class with the least service credit within the occupational
series provided the employee possesses the necessary qualifications to
successfully perform the duties in the lower class and the employee has
more service credit than the incumbent in the lower class.
d. The written layoff notice given to an employee shall include notice that he or
she has seven (7) calendar days from the date of personal service, or date of
delivery of mail if certified, to notify the Human Resources Manager in writing
if the employee intends to exercise the employee's bumping rights, if any,
pursuant to Part 2., Bumping Rights.
e. Whenever practicable, any employee with the least amount of service credit
in a lower class within an occupational series which is identified for work force
reduction shall also be given written notice that such employee may be
bumped pursuant to Part 2. This notice shall include the items referred to in
3., above.
f. If an employee disagrees with the city's computation of service credit or listed
date of hire, the employee shall notify the Human Resources Manager as
soon as possible but in no case later than five (5) calendar days after the
personal service or certified mail delivery. Disputes regarding date of hire or
service credit shall be jointly reviewed by the Human Resources Manager
and the employee and/or the employee's representative as soon as possible,
but in no case later than five (5) calendar days from the date the employee
notifies the Human Resources Manager of the dispute. Within five (5)
doc 19 10/28/2002 4`:11 PM
aDaayoq
calendar days after the dispute is reviewed, the employee shall be notified in
writing of the decision.
B. Part 2 - Bumping Rights
1. Voluntary Reduction or Bumping in Lieu of Layoff:
a. A promotional probationary employee or permanent employee who receives
a layoff notice may request a reduction to a position in a lower class within
the occupational series provided the employee possesses the necessary
qualifications to perform the duties of the position.
b. Employees electing reduction under A. above, shall be reduced to a position
authorized to be filled in a lower class within the employee's occupational
series. The employee may reduce to a lower class in his/her occupational
series by 1) filling a vacancy in that class, or 2) if no vacancy exists,
displacing the employee in the class with the least service credit, whose
position the employee has the necessary qualifications to perform. A
displaced employee shall have bumping rights.
c. An employee who receives a layoff notice must exercise bumping rights
within seven (7) calendar days of receipt of the notice as specified in Part 1.
Failure to respond within the time limit shall result in a reputable presumption
that the employee does not intend. to exercise ` any right of reduction or
bumping to a lower class. The employee must carry the burden of proof to
show that the employee's failure to respond within the time limits was
reasonable. If the employee establishes that failure to respond within the
time limit was reasonable, to the Human Resources Manager's satisfaction,
the employee shall be permitted to exercise bumping rights but shall not be
reinstated to a paid position until the employee to be bumped has vacated
the position. If the employee disagrees with the Human Resources
Manager's decision, the employee may appeal pursuant to the provisions of
Sections 3 and 4 below.
2. Reinstatement/Reemployment Lists
Any employee who takes a reduction to a position in a lower class within the
occupational series in lieu of layoff shall be placed on the
reinstatement/reemployment list pursuant to Part 3. Reemployment
3. Qualifications Appeal
Any employee who is denied a reduction to a position in a lower class within the
occupational series on the basis that the employee does not possess the
necessary qualifications to successfully perform the duties of the lower position
may appeal the decision. The appeal shall be filed with the Human Resources
Manager within five (5) calendar days of the employee's receipt of written notice
of the decision and reason(s) for denial. The employee's appeal shall be in
writing and shall include supporting facts or documents supporting the appeal.
Ej
Qualifications Appeal Hearing:
a.
A4 , n•• k
a bz /a 9
Upon receipt of an appeal, the Human Resources Manager shall contact a
mediator from the California State Mediation and Conciliation Service to
schedule a hearing within two (2) weeks after receipt of the appeal If. the
California State Mediation and Conciliation Service is not available within that
time frame, the parties shall mutually select a person who is available within
the time frame. If the California State Mediation and Conciliation Service and
the person mutually selected are not available within the time frame, the
parties shall select the earliest date either is available to conduct the hearing.
The parties shall split the cost, if any, of the hearing officer. In addition, the
parties shall meet within three (3) workdays to attempt to resolve the dispute.
If the dispute remains unresolved, the parties shall endeavor in good faith to
submit to the hearing officer a statement of all agreed upon facts relevant to
the hearing.
b. Appeal hearings shall be limited to two (2) hours, except as otherwise agreed
by the parties or directed by the hearing officer.
c. The hearing officer shall attempt to resolve the dispute by mutual agreement
if possible. If no agreement is reached, the hearing officer shall render a
decision at the conclusion of the hearing which shall be final and binding.
C. Part 3 _Reemployment
1. Reemployment:
a. Employees who are laid off or reduced to avoid layoff shall have their names
placed upon a reemployment list, for each class in the occupational series, in
seniority order at or below the level of the class from which laid off or
reduced.
b. Names of persons placed on the reemployment lists shall remain on the list
for two (2) years from the date of layoff or reduction.
c. Vacancies shall be filled from the reemployment list for a class, starting at the,
top of the.list, providing that the person meets the necessary qualifications for .
the position.
d. Names of persons are to be removed from the reemployment list for a class if
on two (2) occasions they decline an offer of employment or on two (2)
occasions fail to respond to offers of employment in a particular class within
five (5) calendar days of receipt of written notice of an offer. Any employee
who is dismissed from the city service for cause shall have his or her name
removed from all reemployment lists.
e. Reemployment lists shall be available affected employees upon reasonable
request.
2003 NA Resol
� -��xk ibi-� •'�" ,,� Res.
f. Qualifications appeals involving reemployment rights shall be resolved in the
same manner as that identified in Part 2., Section 4.
2. Status on Reemployment:
a. Persons re-employed from layoff within a two (2) year period from the date of
layoff shall receive the following considerations and benefits:`
1) Service credit held upon layoff shall be restored, but no credit shall be
added for the period of layoff.
2) Prior service credit shall be counted toward sick leave and vacation
accruals.
3) Employees may cash in sick leave upon layoff or at any time after layoff
in the manner and amount set forth in existing Non -Associated
Employees Benefit Provision. Sick leave shall be paid to an employee
when the reemployment list(s) expire(s), if not previously paid.
4) Upon reinstatement the employee may have his or her sick leave re -
credited by repayment to the city the cashed amount. Sick leave
accumulation of less than 480 hours shall be restored upon
reemployment.
5) The employee shall be returned to the salary step of the classification
held at the time of the layoff and credited with the time previously served
at that step prior to being laid off.
6) The probationary status of the employee shall resume if incomplete.
b. Employees who have reduced to avoid layoff and are returned within two (2)
years to their former class shall be placed at the salary step of the class they
held at the time of reduction and have their merit increase eligibility date
recalculated
2003 NA Resolution Final.doc
• ,d
ad • U
!7a
EXHIBIT B - NON -ASSOCIATED SALARY SCHEDULE
Effective December 21, 2002
Job Type
FLSA Status'
Descri tior ...
pa Grade
A
B
C
D
4,16E_
0466
Non -Exempt
Administrative Secretary NA
413
17.10
18.04
19.03
20.08
21.18
0279
Non -Exempt
Personnel Assistant
414
17.18
18.13
19.13
20.18
21.29
0447
Non -Exempt
Payroll Technician
420
17.73
18.70
19.73
20.81
21.95
0446
Non -Exempt
Payroll Technician, Sr
439
19.48
20.55
21.68
22.87
24.13
0278
Non -Exempt
Administrative Assistant
442
19.761
20.85
22.00
23.21
24.49
0061
Non -Exempt
Executive Assistant
470
22.731
23.98
25.30
26.69
28.16
0005
Exempt
Administrative Analyst NA
497
26.011
27.44
28.95
30.54
32.22
0453
Exempt
Personnel Analyst
499
26.271
27.71
29.23
30.84
32.54
0443
Exempt
Payroll Anal st
505
27.061
28.55
30.12
31.78
33.53
0063
Exempt
Admin Analyst, Sr NA
525
29.911
31.55
33.28
35.11
37.04
0064
Exempt
Budget Analyst Sr
525
29.911
31.55
33.28
35.11
37.04
0464
Exempt
Personnel Analyst, Senior
525
29.91
31.55
33.28
35.11
37.04
0062
Exempt
Admin Analyst, Principal NA
544
32.88
34.69
36.60
38.61
40.73
0060
Exempt
Personnel Analyst Principal
544
32.88
34.69
36.60
38.61
40.73
0054
Exempt
Risk Mana er
576
38.58
40.70
42.94
45.30
47.79
0006
Exempt
Human Resources Manager
593
41.98
44.29
46.73
49.30
52.01
0055
Exempt
Finance Officer
597
42.82
45.18
47.66
50.28
53.05
0078
Exempt
Assistant City Attorney
614
46.62
49.18
51.89
54.74
57.75
0004
Exempt
Director of Comm & Spec Pro'
592
41.77
44.07
46.49
49.05
51.75
0012
Exempt
Director of Ora Effectiveness
592
41.77
44.07
46.49
49.05
51.75'
0007
Exempt
Director of Ubrary Services
611
45.92
48.45
51.11
53.92
56.89
0009
Exempt
Director of Building & Safety
622
48.51
51.18
54.00
56.97
60.10
0013
Exempt
Director of Admin Services
629
50.24
53.00
55.92
59.00
62.24
0014
Exempt
Director of Community Services
629
50.24
53.00
55.92
59.00
62.24
0008
Exempt
Director of Econ Development
629
50.24
53.00
55.92
59.00
62.24
0000
Exempt
Director of Information Services
629
50.24
53.00
55.92
59.00
62.24
0021
Exempt
Director of Planning
629
50.24
53.00
55.92
59.00
62.24
0010
Exempt
Director of Public Works
645
54.42
57.41
60.57
63.90
67.41
0015
Exempt
Fire Chief
653
56.63
59.74
63.03
66.50
70.16
0011
Exempt
Police Chief
653
56.63
59.74
63.03
66.50
70.16
0020
Exempt
Assistant City Administrator
658
58.07
61.26
64.63
68.18
71.93
■
2003 NA Resolution Final.doc
COO 40.1 io
9
EXHIBIT C - RETIREE MEDICAL PLAN
INDEMNITY HEALTH PLAN, EMPLOYEES/RETIREES
This summary lists only those benefit provisions that differ between active and subsidized
Retiree Plans. The -Employee Health Plan Document should be consulted for detailed
questions about specific benefits. Benefits are subject to modification through the meet and
confer process.
YEAR 2003
Benefits
City Plan- Employees
City Plan - Subsidized
Non -Subsidized Retirees
Retirees
COBRA -eligibles
Deductible
$250 per person
$250 per person
$500 per family
$500 per family
Maximum Out of Pocket
$2,000 per person
$2,000 per person
$4,000 per family
$4,000 per family
Co -Insurance PPO
90% of UCR
90% of UCR
Non-PPO
50% of UCR
50% of UCR
Maximum Out of Pocket
$1000 per person
$1,000 per person
$2000 erfamil
$21000 per famil
Note: Retirees who elect to participate in the city provided HMO shall be entitled to benefits of
the program chosen.
This summary has been used to list only those benefit provisions that differ between
active and subsidized Retiree Plans. Currently, there are no differences, however, this
exhibit is not intended to require that future changes to active employee benefits be
applied to retirees as well. The Employee Health Plan Document should be consulted
for detailed questions about specific benefits. Benefits are subject to modification
through the meet and confer process.
2003 NA Resolution Final.doc
24
10/28/2002 4:11
•
EXHIBIT C
RETIREE MEDICAL PLAN
RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS
CIPo 001--i09
A. Eligibility:
- 1. The effective start-up date of the Retiree Subsidy Medical Plan for the
various employee groups shall be the first of the month following
retirement date.
2. A retiree may change plans, add dependents, etc., during annual open
enrollment. Employee Benefits shall notify covered retirees of this
opportunity each year.
3. Years of service computed for the Retiree Subsidy Medical Plan are
actual years of completed service with the City of Huntington Beach.
4. When a retiree is eligible for medical plan coverage at the expense of
another employer due to post -retirement employment of the retiree or
spouse of the retiree, the retiree and his/her spouse must take that
coverage regardless of benefit level and shall be deleted from any city
Plan coverage. Exceptions to this requirement are limited to the
following:
a. A retiree is not required to enroll in such `other" medical plan
coverage if there is significant disparity between the benefits
provided by the 'other" medical plan and the Retiree Subsidy
Medical Plan as defined below. "Significant disparity" means
coverage available under the "other" medical plan is restrictive or
limited in one or more of the following ways:
1) No in -patient hospitalization coverage.
2) No major medical benefits
3) Annual deductible is $1,500 or greater, per person.
4) Major medical benefits are paid at 60%a or less of covered
expenses.
b. The Risk Manager will have the authority to provide additional
exceptions following review of the "other" medical plan policy.
Exceptions will be made only if the "other" medical plan benefit
provisions are comparable to the guidelines under Exhibit C.A.4.a
above.
2003 NA Resolution Final.doc
25
c. Miscellaneous Provisions: -
1. Benefits provided under the Retiree Subsidy -Medical
Plan will be coordinated with the "other" medical plan as
the primary carrier.
2. The city. shall have the right to require any retiree to
provide a copy of the "other' medical plan policy for
review by the Risk Manager.
5. When a retiree becomes eligible for the other group coverage and then
becomes no longer eligible, he/she may have the subsidy reinstated
and regain Retiree Subsidy Medical Plan coverage.
6. Dependents of a retiree may follow him/her into the Retiree Subsidy
Medical Plan or they may choose to exercise COBRA rights along with
the retiree.
7. When a retiree becomes 65 and has eligible dependents under 65,
said dependents are eligible to exercise COBRA rights.
8. When a retiree is under 65 and his/her spouse is over 65, the spouse
is not covered. -
B. Benefits:
1. Retiree Subsidy Medical Plan includes Managed Health Network
(MHN), Prescription Card System (PCS), Orange County Foundation
for Medical Care and Medical Stop Loss insurance.
2. City Plans are the primary payer for active employees age 65 and
over, with Medicare the secondary payer. Retirees age 65 and over
have no City Plan options and are eligible only for Medicare.
3. Premium payments are to be received at least one month in advance
of the coverage period.
C. Subsidies:
1. The subsidy payments will pay for:
a. Retiree Subsidy Medical Plan.
b. City provided HMO.
c. Part A of Medicare for those retirees not eligible for paid Part A.
2003 NA Resolution Final.doc
26
• !!!�///JJJJJJOU.2 /O j
2. Subsidy payments will not pay for:
a. Part B Medicare.
b. Regular City Employee Indemnity Plan.
c. Any other employee benefit plan.
d. Any other commercially available benefit plan.
e. Medicare supplements.
D. Medicare:
1. All persons are eligible for Medicare coverage at age 65. Those with
sufficient credit quarters of Social Security will receive Part A of
Medicare at no cost. Those without sufficient credited quarters are still
eligible for Medicare at age 65, but will have to pay for Part A of
Medicare if the individual elects to take Medicare. In all cases, the
participant pays for Part B of Medicare.
2. When a retiree and his/her spouse are both 65 or over, and neither is
eligible for paid PartA of Medicare, the subsidy shall pay for Part A for
each of them or the. maximum subsidy, whichever is less.
3. When a retiree at age 65 is eligible for paid Part A of Medicare and
his/her spouse is not eligible for paid Part A, the spouse shall not
receive subsidy. When a retiree at age 65 is not eligible for paid Part A
of Medicare and his/her spouse who is also age 65 is eligible for paid
Part A of Medicare, the subsidy shall be for the retiree's Part A only.
E. Cancellation:
1. For retirees/dependents eligible for paid Part A of Medicare, the
following cancellation provisions apply:
a. Coverage for a retiree under the Retiree Subsidy Medical Plan will
be eliminated on the first day of the month in which the retiree
reaches age 65. If such retiree was covering dependents under
the Plan, dependents will be eligible for COBRA continuation
benefits effective as of the retiree's 65th birthday.
b. Dependent coverage will be eliminated upon whichever of the
following occasions comes first:
1) After 36 months of COBRA continuation coverage, or
2003 NA Resolution Final.doc
27
2) When the covered dependent reaches age 65 in the -
event such dependent reaches age 65 prior to the retiree
reaching age 65.
c. At age 65 retirees are eligible to make application for Medicare.
Upon being considered "eligible_ to make application", whether or
not application has been made for Medicare, the Retiree Subsidy
Medical Plan will be eliminated.
2. See provisions under "Benefits", "Subsidies", and "Medicare" for those
retirees/dependents not eligible for paid Part A of Medicare.
3. Retiree Subsidy Medical Plan and COBRA participants shall be notified
of non-payment of premium by means of a certified letter from
Employee Benefits in accordance with provisions of the Non -
Associated Employees Benefit Resolution.
4. A retiree who fails to pay premiums due for coverage and is in arrears
for sixty (60) days shall be terminated from the Plan and shall not have
reinstatement rights.
2003 NA Resolution Final.doc
,gyp
EXHIBIT D - 9/80 WORK SCHEDULE
This work schedule is known as "9/80". The 9/80 work schedule is designed to be in
compliance with the requirements of the Fair Labor Standards Act (FLSA). In the event
that there is a conflict with the current rules, practices and/or procedures regarding work
schedules and leave plans, then the rules listed below shall govern:
9/80 WORK SCHEDULE DEFINED
The 9/80 work schedule shall be defined as working nine (9) days for eighty (80) hours in a
two week pay period by working eight (8) days at nine (9) hours per day and working one
(1) day for eight (8) hours (Friday), with a one -hour lunch during each work shift, totaling
forty (40) hours in each FLSA work week. The 9/80 work schedule shall not reduce service
to the public, departmental effectiveness, productivity and/or efficiency as determined by
the City Administrator or designee.
A. Forty (40) Hour FLSA Work Week — The actual FLSA work week is from Friday at
mid -shift (p.m.) to Friday at mid -shift (a.m.). No employee working the 9/80 work
schedule will be able to flex their Friday start time nor the time they take their lunch
break, which will be from 12:00 p.m. to 1:00 p.m. on Fridays. All employee work
shifts will start at 8:00 a.m. on their Friday worked. The start of the FLSA work
week is 12:00 noon Friday.
B. Two Week Pay Period - The pay period for employees starts Friday mid -shift (p.m.)
and continues for fourteen (14) days ` until Friday mid -shift (a.m.). During this
period, each week is made up of four (4) nine (9) hour work days (thirty-six (36)
hours) and one (1) four (4) hour Friday and those hours equal forty (40) work hours
in each work week (e.g. the Friday is split into four (4) hours for the a.m. shift, which
is charged to work week one and four (4) hours for the p.m. shift, which is charged
to work week two).
C. A/B Schedules — To continue to provide service to the public every Friday,
employees are to be divided between two schedules, known as the "A" schedule
and the "B" schedule, based upon the departmental needs. For identification
purposes, the "A" schedule shall be known as the schedule with a day off on the
Friday in the middle of the pay period, or, "off on payday", the "B" schedule shall
have the first Friday (p.m.) and the last Friday (a.m.) off, or "working on payday".
An example is listed below:
AM
F?M
AM
PM
AM
PM
F
F
S,
S
`M
T
uv
Th
F
w=
.
.
A Schedule
4
4
-
-
9
9
9
9
-
-
-
-
9
9
9
9
4
4
B Schedule
-
-
-
-
9
9
9
9
4
4
-
-
9
9
9
9
-
-
D. A/B Schedule Changes — FLSA non-exempt employees cannot change schedules
without prior approval of their supervisor, Department Head, and the Human
Resources Manager or designee. The purpose of this authorization is to review the
impact on overtime. FLSA exempt employees may change A/B schedules at the
beginning of any pay period with supervisor and Department Head approval.
2003 NA Resolution Final.doc
E. Emergencies — All employees on the 9/80 work schedule are subject to be called to
work any time to meet any and all emergencies or unusual conditions which, in the
opinion of the City Administrator, Department Head or designee may require such
service from any of said employees.
OVERTIME DEFINED
FLSA Non -Exempt Employees — All non-exempt employees under the 9/80 work schedule
shall earn overtime for all hours worked after the first forty (40) hours in an FLSA work
week (Friday 12:00:00 p.m. to Friday 11:59:59 a.m.) as required under FLSA. Employees
are required to obtain supervisor authorization prior to working any overtime.
1. Overtime Compensation — As stated in Section II.A of the Non -Associated
Resolution.
2. Compensatory Time — As stated in Section II.A of the Non -Associated Resolution.
LEAVE BENEFITS
When an employee is off on a scheduled workday under the 9/80 work schedule, then nine
(9) hours of eligible leave per workday shall be charged against the employee's leave
balance or eight (8) hours shall be charged if the day off is a Friday. All leaves shall
continue under the current accrual, eligibility, request and approval requirements.
1. General Leave — As stated in Section V.A of the Non -Associated Resolution.
2. Sick Leave — As stated in Section V.0 of the Non -Associated Resolution.
3. Administrative Leave — As stated in Section II.A of the Non -Associated Resolution.
4. Executive Leave —As stated in Section ILA of the Non -Associated Resolution.
5. Bereavement Leave — As stated in Section V.D of the Non -Associated Resolution.
6. Holidays -
a. For a recognized city holiday, eight (8) hours, as stated in Section V.B, are
earned for each holiday. For the charging of hours on a scheduled holiday,
the employee must use eight (8) hours of holiday time off and one (1) hour
from the employees General Leave, Compensatory Time, Administrative
Leave, or Executive Leave banks for a nine (9) hour workday charge or eight
(8) hours holiday time off for a Friday.
b. If a holiday falls on an FLSA non-exempt employee's Friday off, the
employee must then take the work shift before or after the holiday off with
supervisor and Department Head approval. If the employee cannot take the
work shift before or after the holiday off the employee will be granted eight (8)
hours of general leave.
2003 NA Resolution Final.doc 30
AJJ
� 02o p
c. If a holiday falls on an FLSA exempt employee's Friday off, the employee
must then take the work shift before or after the holiday off with supervisor
and Department Head approval.
7. Jury Duty — The provisions of the Personnel Rules shall continue to apply, however,
if an FLSA exempt employee is called to.serve on jury duty during a normal. Friday
off, Saturday, or Sunday, or on a city holiday, then the jury duty shall be considered
the same as having occurred during the employees day off work, therefore, the
employee will receive no added compensation.
2003 NA Resolution Final.doc
31 10/28/2002 4:11 PM