HomeMy WebLinkAboutHBFA - Huntington Beach Firefighter's Association - 1970-03-02Huntington
Beach
Firefighters
Association
1979
- 1980
60040170
i
RE U FOR CITY COIJN CI TION
Submitted by Edward H. Thompson
7/6/ 79 , 19_ Backup Material Attached n Yes No
Resolution of the City Council of the City of Huntington Beach
Date Prepared
Subject
PIO 3/78
Department
Personnel
implementing a Memorandum of Agreement between the City and
the Huntington Beach Firemans Association
City Administrator's Comments
A""ROVRD By CITY COUNCIL
Approve as recommended"
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions:
Statement of Issue: To implement Memorandum of Agreement
between City of Huntington Beach and the Huntington Beach
Firemans' Association.
Recommendation: Adopt subject Resolution
Analysis: This agreement is the result of meet and confer
between representatives of both parties. It has been ratified
by the Firemans' Association.
Funding Source: General Fund. Approximate costs $285,000-
Fiscal year 79-80.
Alternative Action: Renew negotiations or impasse procedure.
62
RESOLUTION NO. 4775
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING PAYMENT OF
SALARIES AND BENEFITS TO MEMBERS OF THE HUN-
TINGTON.BEACH FIREMEN'S ASSOCIATION
The Huntington Beach .City Council does hereby resolve
as follows:
The Memorandum of Agreement between the City of Hun-
tington Beach and the Huntington Beach Firemen's Association
effective July 1,-1979, a copy of which is attached hereto
and by reference made a part hereof, is hereby adopted and
ordered.implemented in accordance with the terms and con-
ditions thereof.
PASSED AND'ADOPTED by the Huntington Beach City Council
at a regular meeting thereof held on the 16th day of July,
1979.
ATTEST:
ALICIA M. WEN'iW0gTU
City Clerk
By=Deputy City Clerk ,971
REVIEWED AND APPROVED:
C yy Administrator
RS:sh
7/6/79
4_4a 1�.
Mayor Pro Terifpore
APPROVED AS TO FORM:
City Attorney
INITIATED AND APPROVED:
l�
Director of Perso nel and
Labor Relations
MEMORANDUM OF AGREEMENT
Between
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
(hereinafter called CITY)
and
THE HUNTINGTON BEACH FIREMEN'S ASSOCIATION
(hereinafter called ASSOCIATION)
PREAMBLE
WHEREAS, pursuant to California Law, the CITY, acting by and through its .
designated representatives, duly appointed by the governing body of said. CITY, and the
representatives of the ASSOCIATION, a duly recognized employee association, have met
and conferred .in good faith and have - fully communicated and exchanged information
concerning wages, hours and other terms and conditions of employment for the fiscal
year, 1979-1980; and
WHEREAS, except as otherwise expressly, provided herein, all terms and
conditions of this Agreement shall apply to all employees represented by the
ASSOCIATION; and .
WHEREAS, the representatives of the CITY and the ASSOCIATION desire to
reduce their agreements to writing,
NOW, THEREFORE, this Memorandum of Agreement is made to become effective
July 1, 1979, and it is agreed as follows:
ARTICLE 1
REPRESENTATIONAL UNIT
It is recognized that the Huntington Beach . Firemen's 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 classification.
titles:
Fire Controller
Fire Apprentice
Firefighter
Supervising Fire Controller
Fire Engineer,
Fire Paramedic
Fire Protection Specialist,
Fire Captain
Deputy Fire Marshal
1.
ARTICLE 2
SALARY SCHEDULES
A. Effective July 7, 1979, the base salary of each employee represented by the
Association shall be increased by an amount equal to Five Percent (5%) over and above
base salary as set forth in the Salary Schedule attached hereto, as Exhibit "A".
B. Effective January 5, 1980, the base salary of each employee represented by
the Association shall be increased by an amount equal to Four Percent (4%) over and
above then current base salary, as adjusted pursuant to Paragraph A of this article asd
set forth in the Salary Schedule attached hereto.
C.. In order to maintain employment in the classifications of Fire Controller and
Supervisory Fire Controller, must possess_ an EMT Certificate or an equivalent level of
achievement or shall attain same within a reasonable time. One equivalent level of
achievement shall include satisfactory completion of a course of study designed for Fire
Controllers, which course of study shall be made available by the Fire Department of the
City of .Huntington .Beach. All persons in the classifications of Fire Controller and
Supervising Fire Controller may be permitted, to attend any qualifying, course while on
duty and without expenpe, with the prior approval of the Fire Chief, where such courses
occur during the employee's regular working. hours.
D. Salary shall be paid .on a biweekly basis. By mutual consent of CITY and
ASSOCIATION, early payment and other modifications. can be made.
E. Paychecks shall be ready and available for distribution to each employee by
0800 hours on each pay day at the Joint Powers Training Center, barring unforeseen
circumstances beyond the control of CITY. A monthly paycheck stub or memorandum
accompanying the paycheck shall contain an itemization of amounts paid under various
categories of pay, includingeducational incentive pay, holiday pay, and all overtime, and
shall also contain an itemization of the nature and the purpose of each deduction
withheld from the employee's gross earnings.
ARTICLE 3
PAID CALLBACK, COMPENSATORY TIME AND STANDBY
A. PAID CALLBACK.
1. Non-exempt employees (as herein defined) working a twenty-four (24)
day work cycle shall receive pay at one and one-half (1J) times their .normal rate for all
time deemed to have been worked in excess of 192 hours in the twenty-four (24) day
2.
cycle. In determining hours deemed to have been worked under this paragraph A-1, so
long as the work shift is a modified twenty-four (24) hours, averaging forty-two (42)
hours per week, as described in Article 14, a sleep period of six (6) hours shall not be
counted as hours deemed to have been worked, except, as provided in Article 14,• Section
C. If the work shift reverts to a regular twenty-four (24) hours averaging fifty-six (56)
hours per week, as provided in Article 14-G, the entire period of twenty-four (24) hours,
without deduction for a sleep period, shall be counted as hours deemed to have been
worked.
2. All Fire. Controllers shall continue to work the. ten (10) and fourteen
(14) hour shift work schedule presently worked by them, which shall equal eighty-four
(84) hours in each two. (2) week cycle. They shall receive premium pay at one and
one-half (1-) times their normal rate for all time actually worked in excess of said
scheduled hours in any two (2) week pay period.
3. Non-exempt employees on, a regular forty (40) hour per week work
schedule will be compensated at a rate of one and one-half (11) times their normal rate
for hours deemed to, have been worked in excess of forty. (40) hours in any week.
4. Non-exempt employees are those employees in all classifications
except Supervising Fire Controllers, Fire Captains, and Deputy Fire Marshals.
5. Entitlement to .overtime pay for all non-exempt sworn firefighting
personnel covered by this Agreement shall be calculated on the basis of time deemed to
have .been worked, including paid time off and time actually_ worked. If Article 14 is
revoked as provided in Article 14-G, hours deemed to have been worked shall include only
hours actually worked.
6. The CITY will maintain and adhere to the paid callback system as, set
out in "Huntington Beach Fire Department.Organization Manual, Policy D-3," published
June .25, 1975, as revised concurrently.'with this Agreement, a copy of which is.attached
hereto and incorporated herein. as Exhibit "B." .The paid callback system and/or "Policy
D-3" may be modified by mutual agreement of the parties at any time during the term of
this Agreement.
B. COMPENSATORY TIME. In lieu of compensation by cash payment for
overtime as provided in Article 3, Section A, employees may,at their option, . and with
approval of the. Fire Chief, be .compensated by compensatory time at a rate equivalent to
that utilized to compute the cash payment had compensation been provided in that form.
3.
Compensatory time may be accumulated to a maximum of 120 hours. Upon
his/her request, any employee shall be entitled to payment in full at his/her then -current
salary rate for any compensatory time accrued by him/her.
C. STANDBY. Any employee who is ordered to be available on a standby basis
for possible recall to duty or who is scheduled to work callback in advance of the time
set forth for such scheduling in "Policy D-3," attached as Exhibit "B" hereto, 'which
scheduling is subsequently cancelled, shall receive a minimum, of two (2) hours pay at the
straight time rate for (1). each work shift ,the employee is on standby and/or (2) each
overtime work shift scheduled in advance and subsequently cancelled.
If the employee is ordered to work and commences to work before two (2)
hours. standby has elapsed, he shall be paid for actual time on standby up to
commencement of duty time; :at which time the employee .is on regular pay status at the
straight time, rate, except to the extent that such hours worked may qualify for time and
one-half based on overtime provisions.
D. MINIMUM CALLBACK COMPENSATION. Employees who are ordered to
return to duty on other than their regularly scheduled shift shall receive a minimum two
(2) hours compensation at' straight time pay or pay for actual hours worked,. whichever is
greater. Actual hours worked shall be counted as hours deemed to have been worked for
purposes of overtime compensation.
E. HOLDOVER. An . employee who is held over beyond the end of . his regular
shift shall be compensated for the actual time he is required to remain on duty,
computed to the nearest quarter hour.
F. REPLACEMENT CALLBACK. If . anemployee is called back to work for a
period not coinciding exactly with the entire scheduled twenty-four (24) hour work shift
(i.e., 0800 hours to 0800 hours) to replace an absent employee, the callback compensation
shall be calculated as follows provided, however, that this paragraph F shall become
inoperative in the event either parity exercises its option under Article 14-G:
1. The replacing employee shall .be: compensated at the appropriate rate
(i.e., straight time or time and one-half, depending upon the number of hours he has been
deemed to have worked during the particular cycle) for all hours which he/she is deemed
to have worked pursuant to paragraphs 2 and 3 below. '
2. If the replacing employee begins duty at or after 1400 hours,' he/she
shall be deemed to .have worked . all hours the employee is on duty without regard to
whether or not sleep time is used for sleep.
4.
3. If the replacing employee begins duty before.1400 hours, he/she shall
be deemed to have worked eighteen (18) hours, provided that compensation for sleep time
shall be calculated pursuant to Article 14-C; provided further, however, that the number
of hours between 0800 .and the time the employee began duty shall be deducted from the
number of hours the employee is deemed to have worked in excess of eighteen (18) hours
as the result of the operation of Article 14-C.
4. Example of the above calculations:
(a) Employee A is called in to replace employee B. A begins duty at
1500 hours, works to 2130 hours, sleeps from 2130 ,to 0330 hours and works from 0330 to
0800 hours. A shall receive compensation. at the appropriate rate for seventeen (17)
hours.
(b) If in the above example, ':A had slept. from 2130. to 2400 and
worked from 2400 to 0800 hours, he/she would still receive compensation for seventeen
(17) hours.
(c) If, .in the above example, A had started duty at 1200 hours,
worked to 2130 hours, slept from. 2130 to 2400 hours, and worked from 2400 to, 0800
hours, he/she would. receive compensation for eighteen (18) hours deemed worked, plus
two (2) hours pursuant to Article 14-C (six (6) hours pursuant to Article 14-C less four (4)
hours from 0800 to 1200 hours).
5. A. When a vacancy exists on any company apparatus so as to cause the
available complement to be less than that required -under the. Minimum Manning provision
of Article 18 of this Agreement, the Department will be obligated to fill any vacancy so.
as to meet such 'minimum 'manning .obligations by use of off duty personnel on an
overtime basis instead of employing relief personnel; provided, ,however, that in the
event an existing engine or truck company is. placed out of service so as to. cause persons
previously assigned thereto to be placed on a relief basis, only those persons may be
utilized to fill any such vacancy prior to the use of off duty personnel on an overtime
basis.
B. In the event that. a :Fire :Paramedic %who is :scheaule.d :.to `work on a
paramedic unit in order to satisfy. minimum manning obligations is absent, such vacancy
must be filled by an off duty Fire Paramedic working on an overtime .basis, if available,
instead of transferring a Fire Paramedic from a :truck company and filling that vacancy
by the use of an off duty firefighter on an overtime basis.
5.
C. If the Fire Paramedic assigned to a truck company is absent,. to satisfy
minimum manning obligations, such vacancy must be filled by an off duty firefighter on
an overtime basis, if available.
ARTICLE 4
INSURANCE
A. The CITY shall continue to provide group medical insurance to employees
with coverage and other benefits equal to the Blue Cross Group Medical Plan Number
84394A in effect as of July 1, 1979, a copy of which is attached hereto and incorporated
herein as, Exhibit "C."
B. The CITY will pay the premiums for dependent health insurance equal to. the
Blue Cross Group Medical Plan delineated in Article 4, Section A, for those employees
who have accumulated 480 'or more hours of sick leave in accordance with Article 6. The
use of all or part of said sick leave after the accumulation of said 480 or more hours shall
not terminate or suspend the employees' right to have such premiums paid by the CITY.
The CITY shall pay all of said premiums for dependent health insurance, as
described above, for all employees who have completed three (3) years of service with
the CITY, irrespective of the number of hours of sick leave accumulated by them.
C. Upon retirement (whether service or disability connected), each employee
shall be entitled to cause himself and his dependents to participate fully in the group
medical insurance program maintained by the CI,TY with respect to employees
represented by the ASSOCIATION at the CITY's group premium rate. Retired employees
exercising this option shall cause the premiums to be paid by the CITY out of any
available funds due and owing ,them for unused sick ,leave benefits upon retirement, as
provided in Article 6; provided, however, that whenever any such retired employee does
not have any such available funds with which to cause the premiums to be paid, he shall
have the opportunity to provide the CITY with sufficient funds to 'pay the premiums. At
retirement, the sick leave hours remaining shall be converted to a dollar figure, as
provided in Article 6, 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
1.2
of record with the CITY no later than three 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 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 above
that it intends to cause his 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 insurance coverage. after .retirement shall have the. further option to
terminate.such coverage following the provision of thirty (30) days written notice to the
CITY, whereupon any funds due and owing him, 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;
provided, however, that once such retired employee elects to terminate such coverage,
he shall be precluded from. securing it at a later date at the group rate. It is understood
that such retiree coverage shall be made available during the term of this agreement at
no increased cost to,the CITY.
D. The CITY shall provide for each' employee, at CITY's cost, $1;000 of life
insurance with coverage equal to the Group Life Insurance Plan in effect on July 1, 1979,
a copy of which is attached hereto and incorporated herein as Exhibit "D." Said
insurance shall contain provisions for optional supplemental coverage at the employees'
cost.
E. The CITY shall provide and make available for employee benefit at the
CITY's cost, a long term disability insurance plan equal to the Group Disability Insurance
Plan in effect on July 1, 1979, a copy of which is attached hereto and incorporated herein
as Exhibit "E."
F. Nothing in this Article 4 shall. be deemed to restrict the CITY's right to
change insurance carriers should circumstances warrant.
G. Nothing in this Article 4 shall be deemed to obligate the CITY to improve
the benefits outlined in this Article 4.
7.
0
ARTICLE 5
DENTAL PLAN
The CITY shall permit each employee and his/her dependents to participate
fully in any dental and/or orthodonture insurance program maintained by the CITY for
any of its employees with PMI. Those employees currently receiving dental insurance
benefits (including orthodonture coverage) under the terms of the agreement between the
CITY and James H. Kaufman, D.D.S., Incorporated, dated November 11, 1973, known as
the "AAA" Plan offered by the Dentists' Group Management Corporation, shall be
entitled to receive such benefits until such treatment has been concluded.
ARTICLE 6
SICK LEAVE
Upon termination, employees shall be paid (or have paid on their behalf as
provided in Article 4) at their current salary rate for twenty-five percent (25%) of
unused, earned sick leave from 480 through 720 hours, and for fifty percent (50%) of all
unused, earned sick leavefor hours in excess of 720 hours.
ARTICLE 7
HOLIDAYS
A. Employees shall be compensated by the CITY in lieu of holidays at the rate
of .04375 of the employee's monthly salary rate set forth in Article 2, payable each and
every pay period, for the following recognized legal holidays:
(1) New Year's Day ,(January 1)
(2) Lincoln's Birthday (February 12)
(3) Washington's Birthday (third Monday in February)
(4) Memorial Day (last Monday in May)
(5) Independence Day (July 4)
(6) Labor Day (first Monday in September)
(7) Columbus Day (second Monday in October)
(8) Veterans' Day (last Monday in October)
(9) Thanksgiving Day (fourth Thursday in November)
(10) Friday after Thanksgiving
(11) Christmas Day (December 25)
B. In the event that a holiday, other than the holidays set forth in Article 7,
Section A, is officially declared by the President of the United States, the Governor of
the State of California, or the CITY to be a national, state or city holiday, employees
shall be compensated by CITY at the equivalent of eight (8) hours at the monthly salary
rate set forth in Article 2.
C. Holidays which fall on Sunday shall be observed the following Monday, and
those falling on Saturday shall be observed the preceding Friday.
D. Employees designated by the Fire Chief who are required to work regular
shifts on the above holidays set forth in Article 7, Section A, shall not be entitled to time
off or overtime. They shall accrue time for holiday pay purposes based on the number of
days in the calendar year that general CITY offices are closed in observance of legal
holidays, Saturdays and Sundays excluded.
E. Any employee who does not work shift work may take time off in lieu of
holiday pay as set forth in Article 7, Section A.
ARTICLE 8
VACATIONS
A. 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 8.
B. VACATION ALLOWANCE. Permanent, full time employees shall accrue
annual vacations with pay as follows:
(1) For the first five (5) years of continuous service, vacation time shall.
be accrued at the rate of ninety-six (96) hours per year.
(2) After five (5) years of continuous service to the completion of ten (10)
years of continuous service, vacation time shall be accrued at the rate of 112 hours per
year.
(3) After ten (10) years of continuous service to the completion of fifteen
(15) years of continuous service, vacation time shall be accrued at the rate of 128 hours
per year.
(4) After fifteen (15) years of continuous service, vacation time shall be
accrued at the rate of 160 hours per year.
C. On two occasions during each fiscal year, each employee shall have the
option to convert into a cash payment up to a total of forty-two (42) hours of earned
vacation benefits, provided that no more than forty-two (42) total hours of earned
vacation benefits shall be. so converted during any one fiscal year. The employee shall
give two (2) weeks advance notice of his/her desire to exercise such option.
D. VACATION: WHEN TAKEN. No vacation may be taken until the
completion of six (6) months of employment. No employee shall be permitted to take a
vacation in excess of actual time earned and vacation shall not be accrued in excess of
a
320 hours. Vacations shall be taken only with permission of the Fire Chief who shall
schedule all vacations with due consideration for the request of the employee and
particular regard for the need of the department.
E. HOLIDAYS OCCURRING DURING VACATION. In the event one or more
holidays as set forth in Article 7, Sections A and B, falls within a vacation period of an
employee, not receiving holiday pay in accordance with Article 7, Section E, said day or
days shall not be charged against the vacation allowance as defined in this Article 8, but
the vacation may be extended accordingly.
F. VACATION PAYCHECK. Each employee shall, at his option, by written
notice to the CITY Finance Director given at least two (2) weeks prior to the
commencement of said employee's scheduled vacation, be entitled to receive his 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
employee's anniversary year.
G. VACATION PAY UPON TERMINATION. Except as provided in Article 8-C,
no employee shall be paid for unused vacation other than upon termination of
employment, at which time said terminating employee shall receive compensation at his
current salary rate for all unused, earned vacation to which he is entitled up to and
including the effective date of his termination.
H. VACATION AVAILABILITY BY SHIFTS. The Fire Department operates on a
three -shift basis, with personnel being assigned to either 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. Three of these slots shall
be made available by rank, one to Firemen, one to Engineers, one to Captains and one
slot shall be available to persons assigned to duty as a Paramedic. 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 absence.
ARTICLE 9
BEREAVEMENT LEAVE
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 per calendar year in each instance of death in the
10.
immediate family. Immediate family is defined as father, mother, sister, brother,
spouse, children, grandfather, grandmother, stepfather, stepmother, stepgrandfather,
stepgrandm other, stepsisters, stepbrothers, mother-in-law, father-in-law, brother-in-law,
sister-in-law, stepchildren or wards of which the employee is the legal guardian.
ARTICLE 10
COURT SERVICE
Employees who are subpoenaed to attend court to serve as witnesses, or 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 or witnesses, are remitted to the CITY.
ARTICLE 11
EDUCATION INCENTIVE'PLAN
A. Except as provided below in Article 11-D, employees shall be compensated
by CITY for an education incentive as follows:
Education HBFD Continuing
Incentive Completed Year of Monthly Education
Level Units Tenure Amount Maintenance Units
I Cert. in Fire 1 50 6
Science or
30 Units
II 60 Units 2
$ 70 3
III 90 Units (or 3
$ 90 3
AA Fire Science)
IV 120 Units 5
$ 110 3
V BA or BS 6
$ 120 0
Degree
B. It is the purpose and intent of the Education Incentive Plan to motivate the
employee to participate in and continue with his education so as to improve his
knowledge and general proficiency which will, in turn, result in additional benefits to the
fire department and to the CITY. When and as certain ,levels of additional education are
satisfactorily completed and attained, the employee will receive additional monetary
compensation in recognition of his educational achievement. As used herein, "education"
is defined as units in approved college courses or approved special courses, seminars and
programs, or a combination thereof. In order to implement the foregoing, the following
stipulations shall apply:
11.
(1) Participation in the plan shall be available to all employees.
(2) An education committee shall be formed and shall be composed of
three (3) members. Of said three (3) members, one (1) shall be appointed by the
ASSOCIATION, one (1) appointed by the Fire Chief and the Personnel Director or his
designee.
(3) Certification to an education incentive level and to the additional
monthly compensation therefor shall commence on the first day of the month after
approval by the Fire Chief and the Education Committee.
(4) Special courses, seminars and programs which have been approved in
advance by the education committee and the Fire Chief shall be considered as
educational units on the basis of one (1) unit for each eighteen (18) hours of instruction.
Fractional hours in one (1) course, seminar or program shall be cumulative and may be
added to fractional hours resulting from another course, seminar or program. Such
courses, seminars and programs shall be at CITY expense and the employee shall attend
either on -duty or off -duty at the discretion of the Fire Chief.
(S) An employee who has attained education incentive levels I or II shall,
so as to maintain himself therein, satisfactorily complete either two (2) college courses
which have been approved in advance by the education committee and Fire Chief, or two
(2) special courses, seminars or programs, or any combination thereof, during every two
(2) fiscal years, except that one who has attained education incentive level II with an AA
degree shall, so as to maintain himself therein, satisfactorily complete either one (1)
approved college • course or one (1) special course, seminar or program, or any
combination thereof.
(6) An .employee who has attained education incentive level III may, so as
to maintain himself therein, satisfactorily complete either one (1) college course which
has been approved in advance by the education committee and Fire Chief, or one (1)
special course, seminar or program, or any combination thereof, during each two (2)
fiscal years. Any employee who elects to not fulfill the foregoing biennial requirement
shall revert to and thereafter receive the monthly amount set forth for education
incentive level II, but he shall thereafter be reinstated to the monthly amount for
education incentive level III upon satisfactory completion of the biennial requirements
therefor.
12.
(7) An employee who has attained education incentive level IV may, so as
to maintain himself therein, satisfactorily complete either one (1) college course which
has been approved in advance by the education committee and Fire Chief, or one (1)
special course, seminar or program, or any combination thereof, during each two (2)
fiscal years. Any employee who elects to not fulfill the foregoing biennial requirement
shall revert to and thereafter receive the monthly amount set forth for education
incentive level III, but he shall thereafter be reinstated to the monthly amount for
education incentive level IV upon satisfactory completion of the biennial requirements
therefor.
(8) "Satisfactory completion" of college courses, as referred to in the
preceding three (3) paragraphs, shall be attaining a minimum grade of "C." The
furnishing of all documentation, including transcripts, to the education committee shall
be the sole responsibility of the employee.
(9) Degree majors in public administration, fire protection engineering or
other closely related fields shall be approved in advance by the education committee and
the Fire Chief.
(10) Courses shall be related to job or general education requirements for
degree objective as approved by educational institution for degree program.
(11) Ten (10) of thirty (30) units and twenty (20) of sixty (60) units must be
approved fire science or fire administration. However, an approved degree program will
fulfill any unit requirement.
(12) Special courses shall not constitute more than one-third (113) of total
unit credits.
C. An employee who has participated in the . education incentive program in
excess of five (5) years, and who has conscientiously complied with all of the
requirements of the education incentive plan, shall not thereafter be reduced below the
highest level attained by said employee.
D. Employees hired by the City of Huntington Beach subsequent to
January 1, 1979 shall not be eligible for the benefits described in paragraph A of this
Article 11; provided, however, that each such employee shall be entitled to receive full
reimbursement for books and tuition expended in connection with approved courses as
defined in paragraph B of this Article 11. Tuition expenses shall be reimbursed at the
applicable rate charged by California State Universities unless an employee is attending a
13.
Community College, whereupon the applicable rate charged by that institution will
apply. The employee shall secure approval to attend a particular course prior to
commencing such attendance and reimbursement shall be made upon his providing
evidence of satisfactory completion of said course of study, as defined in paragraph B of
this Article 11.
ARTICLE 12
RETIREMENT
A. The CITY shall provide all safety employees with that certain retirement
program commonly known and described as the "2% at age 50 plan" which is based on the
retirement formula as set forth in the California Public Employees' Retirement System
(PERS), Sections 20952.5 and 21252.01 of the California Government Code, including the
one-half (1) continuance option for safety employees and the 1959 survivor option for all
employees as established by the California Public Employees' Retirement' System,
Section 21382 of the California Government Code in effect as of July 1, 1975.
B. The CITY shall continue the Amendment of its contract with PERS under
which retirement benefits are calculated based upon the employee's highest one year's
compensation instead of his highest three consecutive years compensation, pursuant to
the provisions of Section 20024.2 of the California Government Code.
C. All "non -safety" employees represented by the ASSOCIATION shall receive
the same retirement benefits as provided to other "non -safety" employees of the CITY.
D. The obligations of the CITY and the retirement rights of employees as
provided in this Article 12 shall survive the term of this Agreement as set forth in
Article 28.
ARTICLE 13
COMPENSATION FOR SUPERVISORS
Supervisors (Supervising Fire Controller, Fire Captains and Deputy Fire Marshals)
shall be compensated by CITY at a higher rate than any of their subordinates. Said
Supervisor's rate shall be advanced to a step in his salary grade which will provide him
with a rate of one (1) salary step higher than any subordinate's pay (exclusive of
overtime, or other special compensation) regardless of the Supervisor's length of service.
14.
ARTICLE 14
WORK SHIFT
A. This Article 14 applies only to those employees working a modified
twenty-four (24) hour shift schedule averaging forty-two (42) hours per week, not
including sleep time as described below. All other employees shall receive pay based on
the hours per week worked averaged over the cycle established for each employee as set
forth in Article 3.
B. The work shift shall be twenty-four (24) hours in duration. The average work
week shall be forty-two (42) hours as averaged over a twenty-four (24) day period. If an
employee is deemed to have worked more than 144 hours in a. twenty-four (24) day
period, he shall receive additional pay to the nearest quarter hour for all additional hours
worked.
C. If an employee cannot obtain six (6) hours sleep or a reasonable opportunity
to sleep between 2130 hours. and 0730 hours, and as a result, is deemed to have worked
more than four (4) hours during that time period, he shall receive six (6) hours additional
pay for that work shift.
D. An employee shall be considered to be working if he is called to duty by
order initiated by the Fire Chief or his designee.
E. Exchange of shifts shall occur at 0800 hour each day provided, however, that
employees shall actually arrive sufficiently in advance of 0800 so as to comply with Fire
Department Rule and Regulation Policy B-2, Section 7.37 concurrently existing as of the
execution of this Agreement. Said advance time shall not constitute time deemed to
have been worked within the meaning of Article 3.
F. Meal periods are paid as hours worked.
G. This Article 14 may be revoked by either the CITY or ASSOCIATION upon
thirty (30) days prior written notice. If this Article 14 is revoked, the work schedule
shall convert to a schedule which is eight (8), twenty-four (24) hour shifts in a
twenty-four (24) day cycle that averages to fifty-six (56) hours per week and classified
relief positions may be reinstated to the extent provided in Article 17-C.
ARTICLE 15
EARLY RELIEF
An employee may be relieved by any other employee who is qualified to relieve
him, at any time between the hours of 0600 to 0800. It shall be the responsibility of the
employee's supervisor to insure that the relief of all employees is accomplished in a
15.
fair and equitable manner. If any employee abuses this early relief Article 15, the
employee's. supervisor may revoke the early relief. It is understood and agreed that the
early relief provided by the terms of this Article 15 shall not result in any additional cost
to CITY.
ARTICLE 16
EXCHANGE OF SCHEDULE
The Fire Department shall allow ASSOCIATION members exchanges of schedule
pursuant to "Policy D-7 of the Huntington Beach Fire Department Organization Manual"
attached hereto and incorporated herein as Exhibit "F."
ARTICLE 17
CLASSIFIED RELIEF
Employees may be assigned as classified relief and shall be managed by the CITY
as follows:
A. Three (3) Fire Engineers and three (3) Firefighters may be assigned to
classified relief positions. They must be so assigned equally among shifts to relieve
vacancies occurring due to absence for reasons such as vacations, sickness and injuries.
B. The three (3) Fire Engineers and three (3) Firefighters working relief shall
receive a 5.5% pay differential for the period of such relief assignment.
C. The classified relief positions set forth above shall be eliminated by attrition
or as vacancies occur in permanent positions; provided, however, that in the event the
ASSOCIATION exercises the option provided in. Article 14-G, the CITY may assign the
following numbers of persons per shift to classified relief positions: One (1) Fire Captain
relief, one (1) Fire Engineer relief, one (1) Firefighter relief and one (1) Fire Paramedic
relief.
D. Any employee working in a higher classification shall receive a 5.5% pay
differential for those shifts worked, paid in groups of five (5) shifts. After accrual of
said five (5) shifts, the employee shall be paid the 5.5% pay differential for the entire
pay period following said accrual.
ARTICLE 18
MINIMUM MANNING
CITY shall man apparatus with sufficient manpower to assure the safety of
employees and the control of risk.
A. For the purpose of this Article 18, the minimum manning of apparatus shall be
as follows:
16.
1. Each engine company shall be manned with no less than one (1) Fire
Captain, one (1) Fire Engineer, and one (1) Firefighter.
2. When two-piece companies are utilized by the department, the second
unit shall be manned by at least one (1) Fire Captain and one (1) Fire Engineer.
(a) Two-piece companies shall respond to structure fires as one unit
and not be considered as separate engines for response purposes.
(b) The second unit shall only respond by itself on single engine
alarms, i.e., trash fires, vehicle fires and medical aids.
3. Each truck company shall be manned with no less than one (1) Fire
Captain, one (1) Fire Engineer and either two (2) Firefighters or one (1) Firefighter and
one (1) Fire Paramedic.
4. Paramedic units shall be manned with no less than two (2) Fire
Paramedics.
S. Fire companies not considered to be in full service and immediately
available shall not be required to have personnel assigned to them for the purpose of this
Article.
6. There shall be at least two (2) qualified Fire Controllers on duty at all
times.
7. (a) The minimum manning as set forth in this Article, shall be
specifically and exclusively from employees of the Huntington Beach Fire Department
for all routine activities and normal shift duties.
(b) No employee shall be assigned to more than one (1) company at the
same time for all routine activities and normal shift duties.
(c) Routine activities and normal shift duties shall include those
emergencies that would normally be handled by the on -duty suppression force.
8. Any employee assigned to serve in the capacity of Battalion Chief Aide
shall not be utilized to satisfy any of the minimum manning requirements set forth in this
Article; provided, however, that such employee may be utilized as a Firefighter to
satisfy minimum manning requirements for Engine Company 8201 only, and may be
utilized to fill a position for which he is qualified to serve in cases of temporary fill-in of
two (2) hours or less.
9. Employees acting in a higher classification, when properly qualified and
compensated in accordance with Article 17, shall be considered equivalent to the
required classification.
17.
B. For the purpose of this Article, all fire engines shall be defined as apparatus
with fire pump, fire hose, water tanks, ground ladders and necessary fire fighting
equipment, excluding specifically aerial ladder or platform capabilities.
C. For the purpose of this Article, all fire trucks shall be defined as apparatus
that have mounted on the chassis, an aerial ladder or aerial platform.
D. For the purpose of this Article, a Paramedic unit is defined as a vehicle, other
than a fire engine, fire truck or salvage unit, that has as its sole purpose a capability of
providing emergency medical and/or rescue assistance. .
E. For the purpose of this Article, a salvage unit shall be any vehicle other than
those delineated in paragraghs A through D of the Article, which carries equipment and
manpower for the purpose of salvage, overhaul, fire control, medical supplies, emergency
lighting equipment, or other accessory fire combat and damage prevention equipment.
F. Any fire department apparatus, vehicles, technological changes, and new
innovations will be discussed with the ASSOCIATION prior to being placed in full service
for immediate response.
ARTICLE 19
ASSIGNED SHIFT POLICY
Employees of equal rank shall have the option to exchange assigned shifts on a
man -for -man basis upon written request to and approval of the Fire Chief.
ARTICLE 20
PROMOTIONAL EXAMINATIONS
Promotional examinations shall be announced to all employees no less than thirty
(30) days prior to the. final filing date for the promotional examination. The CITY may
establish a fixed annual date for promotional examinations provided, however, that in the
event any examination will be scheduled on a date other than the fixed annual date for
promotional examinations, the CITY shall announce said promotional examination no less
than thirty (30) days prior to the final filing date for said promotional examination.
A. All applicants shall meet all requirements for the promotional examinations as
set forth in the Huntington Beach Fire Department Organization Manual, a copy of the
relevant provision thereof is attached hereto as Exhibit "G," as of the final filing date for
the promotional examination.
18.
B. Promotional examinations shall be administered to only qualified applicants
who are members of the City of Huntington Beach Fire Department, as long as a
minimum of two (2) such applicants apply for each promotional examination.
C. Promotional examinations shall be weighed on the basis of sixty (60) percent
oral or practical, and forty (40) percent written. Seventy (70) percent shall be considered
passing on the examination. In the event that there are less than three (3) qualified
candidates who pass the examination, the seventy (70) percent passing score may be
waived by CITY provided, however, that the actual score of the individual employee shall
be used for scoring purposes.
D. Any challenge to any portion of the examination process must be filed within
ten (10) days of the date of said examination. In the event any contract between CITY
and a testing agency should preclude review of the examination on CITY premises, the
CITY shall authorize such review of said examination to determine the validity of such a
challenge. A protest board consisting of three (3) members shall hear the employee
protest and shall recommend acceptance or rejection of the protest. The protest board
shall consist of one (1) member appointed by the Fire Chief, one (1) member 'appointed by
the Personnel Director and one (1) member appointed by the ASSOCIATION.
E. Each employee .who participates in a promotional examination shall receive his
score and final standing in writing from the CITY within ten (10) days after completion
of the promotional selection process period.
ARTICLE 21
SAFETY CLOTHING AND UNIFORMS
The present uniform and clothing policies as delineated in this Article 21, Section
L, shall remain in effect until the Fire Chief or his designee and the ASSOCIATION
mutually agree 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:
A. Meet all applicable state and federal regulations relating to said clothing
and, with the exception of station uniforms, be of high quality fire resistant material.
B. Be provided by CITY with the exception of the physical fitness uniform;
19.
C. Any uniforms with the exception of the physical fitness uniform, that are
destroyed or which become unacceptable and which were damaged by circumstances
involving the Firefigher's regular work while on duty, shall be replaced by CITY at no
cost to the employee.
D. CITY shall provide the following uniforms:
1. Five (5) sets of daily work uniforms consisting of pants and shirts;
provided, however, that one such set shall be preserved as a dress uniform to be worn
only on such occasions as a dress uniform shall be deemed appropriate. The work and
dress uniform shall be Unitog Stock shirt and Stock trousers;
2. One (1) pair of safety shoes, Chippewa or equivalent; provided,
however, that non -sworn personnel may be provided one (1) pair of dress shoes in lieu of
safety shoes.
3. One (1) station uniform jacket of the nature and quality presently
described in Policy C-2 of the Huntington Beach Fire Department.
E. The uniforms described in paragraph D above shall be replaced by the CITY
whenever the Chief or his designated representative determines that such replacement is
necessary; provided, however, that any employee who disagrees with the determination
of the Chief or his representative shall have the right to appeal that determination to the
uniform advisory committee, as established below in paragraph 1.
F. All accessory identification; adornments, badges, patches, belt and other
appurtenances thereto shall be provided by CITY.
G. The employee shall be responsible for the preservation and cleaning of all
uniforms.
H. CITY shall provide each employee, who participates in the Fire Department's
physical fitness programs, fifty dollars (W) per fiscal year for the purchase of physical
fitness uniforms (including white T-shirts) and physical fitness shoes, payable in the first
payroll in December, 1976 and December, 1977; provided that the white T-shirts referred
to herein may be required to be worn as part of the daily work uniform.
I. 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 Memorandum of Agreement.
20.
J. All employees assigned to staff positions shall be provided two (2) complete
sets of the type of uniform required by the Fire Chief for such positions. This uniform
may be issued in lieu of two (2) sets of the work uniforms provided by D-1. Staff
employees required to wear said uniform shall also be provided with:
1. Three (3) extra shirts for a total of five (5);
2. One (1) pair of dress shoes; and
3. One (1) blazer.
K. The present uniform policies for non -safety employees shall remain in effect
until the Fire Chief or his designees and the ASSOCIATION mutually agree upon any type
of change.
L. All uniforms and equipment furnished by CITY shall remain the property of
CITY and be returned or replaced if the employee terminates.
ARTICLE 22
QUARTERS
CITY shall continue to provide necessary kitchen, living and sleeping quarters in
the several fire stations.
ARTICLE 23
REINSTATEMENT OF EMPLOYEES NO LONGER DISABLED
Whenever the retirement benefits of an employee who has received a disability
retirement are revoked by PERS on the grounds that the employee is no longer disabled
from performing the duties of the position held at the time of retirement, the CITY shall
immediately reinstate such employee at his former position and pay step upon application
therefor by said employee.
ARTICLE 24
LAYOFFS
The procedure and practice regarding layoffs in effect on July 1, 1976 shall
remain in full force and effect during the entire term of this Agreement.
ARTICLE 25
PRECEDENCE
In any case in which any provision of this Memorandum of Agreement is
inconsistent with any CITY ordinance, rule, regulation, resolution, including provisions of '
any Fire Department Manual, the provisions of this Agreement shall supersede and take
precedence.
21.
ARTICLE 26
SEVERABILITY
If any section, subsection, sentence, clause, phrase" or portion of this Agreement
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 resolution or its application to other persons. The City Council hereby
declares that it would have adopted this Agreement 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 27
EXISTING CONDITIONS OF EMPLOYMENT
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.
ARTICLE 28
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 reasonable work and safety rules and regulations in
order to maintain the efficiency and economy desirable for the performance of CITY
services.
ARTICLE 29 '
TERM OF MEMORANDUM OF AGREEMENT
This Memorandum of Agreement shall be in effect for a term of twelve (12)
months, commencing on July 1, 1979, and ending at midnight on June 30, 1980. This
22.
Agreement 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.
ARTICLE 30
CITY COUNCIL APPROVAL
It is the understanding of CITY and ASSOCIATION that this Memorandum of
Agreement is of no force or effect whatsoever unless and until adopted by resolution of
the City Council of the City of Huntington Beach.
DATED:
CITY OF HUNTINGTON BEACH
APPROVED AS TO FORM:
J. Nicholas Counter II
Labor Relations Counsel
APPROVED AS TO FORM:
SILVER, WELLS AND KREISLER
JKTINGTON BEACH
LIM
By
Stephen H. Silver By
Counsel for ASSOCIATION
23.
By
By
By
APPROVED AS TO FORM:
GAIL HUTTON
City Attorney
By: �//�✓ G`'
Deputy City Attorney
EXHIBIT "A"
FIRE ASSOCIATION SALARY SCHEDULE
EFFECTIVE JULY 7. 1979
TITLE
RNG
A
B
C
D
E
Fire Apprentice
NE
197
1120
1182
1248
Fire Controller
NE
261
1392
1468
1550
1653
1725
Firefighter
NE
261
1392
1468
1550
1635
1725
Supvg. Fire Controller
EX
307
1749
1844
1947
2054
2167
Fire Engineer
NE
286
1570
1657
1749
1846
1948
Fire Engineer Relief
NE
272
1468
1550
1635
1725
1820
Fire Paramedic
NE
297
1664
1756
1853
1955
2063
Fire Protection Specialist
NE
297
1664
1756
1853
1955
2063
Fire Captain
EX
320
1865
1967
2075
2189
2309
Fire Captain Relief
EX
297
1664
1756
1853
1955
2063
Deputy Fire Marshal
EX
331
1971
2080
2194
2316
2442
EFFECTIVE JANUARY 5,
1980
TITLE
RNG
A
B
C
D
E
Fire Apprentice
NE
205
1172
1236
1303
Fire Controller
NE
269
1449
1529
1612
1700
1794
Firefighter
NE
269
1449
1529
1612
1700
1794
Supvg: Fire Controller
EX
315
1815
1915
2021
2132
2250
Fire Engineer
NE
294
1640
1730
1825
1926
2031
Fire Engineer Relief
NE
280
1525
1609
1697
1791
1889
Fire Paramedic
NE
305
1732
1827
1927
2033
2146
Fire Protection Specialist
NE
305
1732
1827
1927
2033
2146
Fire Captain
EX
328
1941
2049
2161
2281
2406
Fire Captain Relief
EX
305
1732
1827
1827
2033
2146
Deputy Fire Marshal
EX
339
2051
2163
2283
2408
2539
w
CITY OF HUNTINGTON REACH
PERSONNEL DEPARTMENT
JUNE 18, 1979
COST ESTIMATE OF JUNE 11, 1979 - FA PROPOSAL
I-7-
S11 airy Increase of 5 0
$221,000
5.00%
1'-7-79
1-.)ng Term Disability
26,000
.78%
1-F-90
Salary I,�crease of 4%
93,000
2.001-1.1
7-7-7)
,llanning Modification Savings
- 55,000
$285,000
6.03%
Res. N- 4775
S'rA'1'E OF CALIFORNIA )
COUNTY OF ORANGE ) so:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council
at a regular meeting thereof held on the 16th day
of July 19_72_, by the following vote:
AYES: Councilmen:
Pattinson, Mandic, Bailey, Yoder, Finley
NOES: Councilmen:
None
ABSENT: Councilmen:
Thomas, MacAllister
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Hun ngton Beach, California
BY: Z%WJC� I. 6Z44M26)
Deputy
The foregoing instrument is a correct
copy of the original on file in this office.
Attest 7 19 -2?
City Clerk and Ex-officio Clerk of the City
Council of the City of Huntington Beach,
Cal.
By o' Deputy
Huntington
Beach
Firefighters
Association
1978
- 1-979
6001070
J
� t
•
INTERIM AGREEMENT
THIS INTERIM AGREEMENT by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation of the State of
California, and the HUNTINGTON BEACH FIREMEN'S ASSOCIATION,
a duly recognized employee association of said city, herein-
after called CITY and ASSOCIATION respectively,
RECITALS
WHEREAS, CITY and ASSOCIATION have met and conferred in
good faith toward resolution of the salaries and benefits for
employees of CITY, represented by ASSOCIATION; and
WHEREAS, inasmuch as a tentative agreement has been
reached between CITY and ASSOCIATION but certain details remain
undecided, CITY and ASSOCIATION, by and through their respective
representatives do hereby agree as follows:
1. CITY agrees to pick up the contribution of each
employee, represented by such ASSOCIATION, at the rate of five -
ninths for each safety employee and five -sevenths (5/7) for each
nonsafety employee to the Public Employees' Retirement System
for the period commencing July 1, 1978 and ending November 30,
1978.
2. CITY shall reimburse each member covered by this
Interim Agreement the amount of fifty dollars ($50) per year,
toward a uniform allowance, as outlined in the pending Memorandum
of Understanding.
FGB:ahb
12/18/78 1.
i
3. All other terms and conditions of the 1976-1978
Memorandum of Agreement shall remain in effect until approval
by resolution by the City Council of the pending 1978-1979
Memorandum of Understanding.
DATED: 1978.
CITY OF HUNTINGTON BEACH
APPROVED AS TO FORM:
By
Cit Administ for
,yJ CitAt orney �/
By 4�
/ Director of Pe sonnel and
6 Labor Relations
APPROVED AS TO FORM: HUNTINGTON BEACH FIREMEN'S
SILVER, STRELLER & WELLS ASSOCIATION
/p4fj A fflj
Cour#e!.-ASSOCIATION
By
Mayor By
ATTEST:
City Clerk
2.
.:,
14.
M
RESOLUTION NO. 4672
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING PAYMENT OF SALARIES
AND BENEFITS TO MEMBERS OF THE HUNTINGTON BEACH
FIREMEN'S ASSOCIATION AND HUNTINGTON BEACH MUNI-
CIPAL EMPLOYEES' ASSOCIATION
WHEREAS, by Resolution No. 4651 adopted on August 7,
1978, the City Council extended the Memoranda of Understanding
with the Huntington Beach Firemen's Association and the
Huntington Beach Municipal Employees' Association for thirty
days; and
Said extended memoranda of understanding will expire on
September 6, 1978,
NOW, THEREFORE, BE IT RESOLVED that the Finance Director
is hereby authorized to pay present salaries and benefits to
members of the Huntington Beach Firemen's Association and
the Huntington Beach Municipal Employees' Association until
modified by future action of the Huntington Beach City Council.
PASSED AND ADOPTED by the City Council of Ithe City of
Huntington Beach at a regular meeting thereof held on the 5th
day of September, 1978.
Mayor
ATTEST:
City Clerk
REVIEWED AND APPROVED:
City Administrator
INITIATED AND APPROVED:
:p;; Director 9 Personnel an
5/78 Labor Relations
APPROVED AS TO FORM:
XIC4J,
-
City Attorney
Res ",). 4672
S'U'ATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY.OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council
at a regular meeting thereof held on the 5th day
of September 19 78 , by the following vote:
AYES: Councilmen:
Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkoian
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
/-e
rr: t
REQUEST FOR CITY COUNCIL ACTION
Submitted by Edward H. Thompson Department
Personnel
Date Prepared July 26 , 19 78 Backup Material Attached ® Yes No
Subject Resolution_ of the City Council extending the existing Memorandums of Understanding
for thirty additional days with the Huntington Beach Fireman's Association,
Huntington Beach Management Association and Huntington Beach Municipal Employees
City Administrator's Comments
Approve as Recommended
)�e S 'I
. 4 6 Iry J, J/,, ge
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions:
STATEMENT OF ISSUE:
The Memorandums of Understanding with the Huntington Beach Fireman's Association;
Huntington Beach Management Association and Huntington Beach Municipal Employees
Association were extended for 30 days, during the month of July, past their
original termination dates.
In order to legalize payment of salary and benefits to employees covered by these
agreements, they need to be extended for an additional 30 days.
RECO44 NDATION:
Adopt the attached resolution.
ANALYSIS:
This resolution will extend the existing Memorandums of Understanding with subject
Employee Assocttions through August 31, 1978. No changes in existing pay or
benefits is involved. Negotiations will continue toward new agreements for
fiscal 78-79.
FUNDING SOURCE:
Interim City budget.
Plo 3/7a
RESOLUTION NO. 4634
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH EXTENDING EXISTING MEMORANDA
OF UNDERSTANDING FOR THIRTY DAYS WITH THE HUNT-
INGTON BEACH MANAGEMENT EMPLOYEES' ORGANIZATION
AND THE HUNTINGTON BEACH FIREMEN'S ASSOCIATION
BE IT RESOLVED by the City Council of the City of
Huntington Beach that it hereby extends for a period of thirty
days (30) existing memoranda of understanding entered into
by the City of Huntington Beach with the Huntington Beach
Management Employees' Organization and the Huntington Beach
Firemen's Association, which said memoranda of understanding
were approved by City Council by adoption of Resolution No. 4327
on September 13, 1976 and Resolution No. 4340 on October 6,
1976 for the aforesaid employee groups respectively.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 3rd
day of July, 1978.
ATTEST:
Alicia M. Wentworth
City Clerk
Deputy City Clerk `7
REVIEWED AND APPROVED:
City,JAdministrator
MT:ahb
Mayor
APPROVED AS TO FORM:
City Attorney
INITIATED AND APPROVE
r
Director q-f` PersonnWand
L or RelatiQKs
Res. 4634
s'L'ATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, 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 more than a majority.of all the members of said City Council
at a regular meeting thereof held on the 3rd day
of July 19 78 ', by the following vote:
AYES: Councilmen:
Pattinson, Thomas, MacAllister, Bailey, Siebert, Shenkman
NOES: Councilmen:
None
ABSENT: Councilmen:
Mandic
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
By : ����GytcG lil
Connie A. Brockway
Deputy
14
RESOLUTION NO. 4731
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING AND
IMPLEMENTING A MEMORANDUM OF AGREEMENT
WITH THE HUNTINGTON BEACH FIREMEN'S
ASSOCIATION
The City Council of the City of Huntington Beach does hereby resolve as follows:
The Memorandum of Agreement between the City of Huntington Beach and the
Huntington Beach Firemen's Association effective July I, 1978,- a copy of which is
attached hereto and by reference made a part hereof, is hereby adopted and ordered
implemented in accordance with the terms and conditions thereof.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19th day of March, 1979.
ATTEST:
J/ '
City Clerk
APPROVED AS TO CONTENT:
.� Administrator
APPROVED BY INITIATING DEPARTMENT:
Director Personnel an
Labor Relations
9, , i% ,. �% r... • . C S.. _,,erg
mayor
APPROVED AS TO FORM:
City Attorney /� S
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MEMORANDUM OF AGREEMENT
Between
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
(hereinafter called CITY)
and
THE HUNTINGTON BEACH FIREMEN'S ASSOCIATION
(hereinafter called ASSOCIATION)
PREAMBLE
WHEREAS, pursuant to California Law, the CITY, acting by and through its
designated representatives, duly appointed by the governing body of said CITY, and the
representatives of the ASSOCIATION, a duly recognized employee association, have rnet
and conferred in good faith and have fully communicated and exchanged information
concerning wages, hours and other terms and conditions of employment for the fiscal
year, 1978-1979; and
WHEREAS, except as otherwise expressly 'provided herein, all terms and
conditions of this Agreement shall apply to all employees represented by the
ASSOCIATION; and
WHEREAS, the representatives of the CITY and the ASSOCIATION desire to
reduce their agreements to writing,
NOW, THEREFORE, this Memorandum of Agreement is made to becorne effective
July I, 1978, and it is agreed as follows:
ARTICLE I
REPRESENTATIONAL UNIT
It is recognized that the Huntington Beach Firemen's 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 classification
titles:
Fire Controller
Fire Apprentice
Firefighter
Supervising Fire Controller
Fire Engineer
Fire Paramedic
Fire Protection Specialist
Fire Captain
Deputy Fire Marshal
I
ARTICLE 2
EMPLOYEE RETIREMENT CONTRIBUTION PAYMENTS AND SALARY SCHEDULES
A. Effective July I, 1978, the monthly salary rates for those persons employed
in the classification of Fire Paramedic shall be adjusted to remedy an existing inequity
based upon increased technical requirements and workload not originally contemplated.
Such salary rates shall be set at Range 353.
B. Effective July I, 1978, the classification titles of Fire Dispatcher and
Supervising Fire Dispatcher shall be deleted and replaced by the classification titles of
Fire Controller and Supervising Fire Controller, respectively. The monthly salary rates
for persons employed in the classification of Fire Controller shall be set at Range 347.
The monthly salary rates for employees in the classification of Supervising Fire
Controller shall be calculated by maintaining the pre-existing differential between the
monthly salary rates paid to persons employed in the classifications of Supervising Fire
Dispatcher and Fire. Dispatcher (26%), thereby causing the monthly salary rates for
persons employed in the classification of Supervising Fire Controller to be set at Range
354.
In order to maintain employment in such classifications, each employee shall.
attain an EMT Certificate or on equivalent level of achievement within a reasonable
time following execution of this Agreement, but in no event later than June 30, 1979.
One equivalent level of achievement shall include satisfactory completion of a course of
study designed for Fire Controllers, which course of study shall be made available by the
Fire Department of the City of Huntington Beach. All persons in the classifications of
Fire Controller and Supervising Fire Controller shall be permitted to attend any
qualifying course while on duty and without expense, with the prior approval of the Fire
Chief, where such courses occur during the employee's regular working hours.
C. Effective July I, 1978, the CITY shall pay on behalf of each employee
represented by the ASSOCIATION for retirement contributions owing to the Public
Employees' Retirement System of the State of California (PERS) an amount equal to
5/9ths of the individual employee contribution to PERS, with respect to each "safety
employee," and an amount equal to 5/7ths of the individual employee contribution to
PERS, with respect to each "non -safety employee." This provision shall be implemented
immediately following the ratification of this Agreement by the City Council and, in no
event, later than January 26, 1979, for any contributions for which the CITY is obligated
to make payment under this contract which have been advanced. These payments,
including reimbursement for monies
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advanced by the employees to PERS, are not increases in salary and no salary range
applicable to any of the affected employees shall be changed or deemed to have been
changed by reason of such payments. These payments at the time of termination shall be
the property of the employee, as provided by State Law.
On July I, 1979, or whenever prior thereto the CITY may lawfully provide salary
increases without being disqualified from eligibility for state surplus funds, the CITY's
obligation to make such payments to PERS on behalf of each employee shall discontinue;
provided, however, that as a substitute therefor the base salary of each such employee
shall automatically be increased by an amount equal to seven percent (7%) over and
above current base salary. This conversion shall in no way operate to deprive the
ASSOCIATION of its lawful rights to request improvements in compensation benefits,
including salary, for employees represented by it for the 1979-1980 fiscal year and to
compel the CITY to meet and confer in good faith regarding such requests.
In the event that the implementation of any of the changes in compensation
benefits set forth in Article 2-C may disqualify the CITY from receiving the funds
provided under SB 154 and SB 2212, the CITY's obligation to provide such improved
compensation benefits shall be extinguished; provided, however, the CITY shall
immediately provide benefits of equal value to those so extinguished of a nature and
form to be determined by mutual agreement of the parties.
D. Salary shall be paid on a biweekly basis. By mutual consent of CITY and
ASSOCIATION, early payment and other modifications can be made.
E. Paychecks shall be ready and available for distribution to each employee by
0800 hours on each pay day at the Joint Powers Training Center, barring unforeseen
circumstances beyond the control of CITY. A monthly paycheck stub or memorandum
accompanying the paycheck shall contain an itemization of amounts paid under various
categories of pay, including educational incentive pay, holiday pay, and all overtime, and
shall also contain an itemization of the nature and the purpose of each deduction
withheld from the employee's gross earnings.
3.
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ARTICLE 3
PAID CALLBACK, COMPENSATORY TIME AND STANDBY
A. PAID CALLBACK.
I. Non-exempt employees (as herein .defined) working a twenty-four (24)
day work cycle shall receive pay at one and one-half (P/z) times their normal rate for all
time deemed to have been worked in excess of 192 hours in the twenty-four (24) day
cycle. In determining hours deemed to have been worked under this paragraph A -I, so
long as the work shift is a modified twenty-four (24) hours, averaging forty-two (42)
hours per week, as described in Article 14, a sleep period of six (6) hours shall not be
counted as hours deemed to have been worked, except as provided in Article 14, Section
C. If the work shift reverts to a .regular twenty-four (24) hours averaging fifty-six (56)
hours per week, as provided in Article 14-G, the entire period of twenty-four (24) hours,
without deduction for a sleep period, shall be counted as hours deemed to have been
worked.
2. Effective as of the first payroll period following approval of this
Agreement by the City Council and during . the term of this Agreement, all Fire
Controllers shall continue to work the ten (10) and fourteen (14) hour shift work schedule
presently worked by them, which shall equal eighty-four (84) hours in each two (2) week
cycle.. They shall receive premium pay at one and one-half (1'/z) times their normal rate
for all time actually worked in excess of said scheduled hours in any two (2) week pay
period.
3. Non-exempt employees on a regular forty (40) hour per week work
schedule will be compensated at a rate of one and one-half. (1'/z) times their normal rate
for hours deemed to have been worked in excess of forty (40) hours in any week.
4. Non-exempt employees are those employees in all classifications
except Supervising Fire Controllers, Fire Captains, and Deputy Fire Marshals.
5. Entitlement to overtime pay for all non-exempt sworn firefighting
personnel covered by this Agreement shall be calculated on the basis of time deemed to
have been worked, including paid time off and time actually worked. If Article 14 is
revoked as provided in Article 14-G, hours deemed to have been worked shall include only
hours actually worked.
4.
6. The CITY will maintain and adhere to the paid callback system as set
out in "Huntington Beach Fire Department Organization Manual, Policy D-3," published
June 25, 1975, as revised concurrently with this Agreement, a copy of which is attached
hereto and incorporated herein as Exhibit "A." The paid callback system and/or "Policy
D-3" may be modified by mutual agreement of the parties at any time during the term of
this Agreement.
B. COMPENSATORY TIME. In lieu of compensation by cash payment for
overtime as provided in Article 3, Section A, employees may, at their option, and with
approval of the Fire Chief, be compensated by compensatory time at a rate equivalent to
that utilized to compute the cash payment had compensation been provided in that form.
Compensatory time may be accumulated to a maximum of 120 hours. Upon
his/her request, any employee shall be entitled to payment in full at his/her then -current
salary rate for any compensatory time accrued by him/her.
C. STANDBY. Any employee who is ordered to be available on a standby basis
for possible recall to duty or who is scheduled to work callback in advance of the time
set forth for such scheduling in "Policy D-3," attached as Exhibit "A" hereto, which
scheduling is subsequently cancelled, shall receive a minimum of two (2) hours pay at the
straight time rate for (1) each work shift the employee is on standby and/or (2) each
overtime work shift scheduled in advance and subsequently cancelled.
If the employee is ordered to work and commences to work before two (2)
hours standby has elapsed, he shall be paid for actual time on standby up to
commencement of duty time, at which time the employee is on regular pay status at the
straight time rate, except to the extent that such hours worked may qualify for time and
one-half based on overtime prov.isions.
D. MINIMUM CALLBACK COMPENSATION. Employees who are ordered to
return to duty on other than their regularly scheduled shift shall receive a minimum two
(2) hours compensation at straight time pay or pay for actual hours worked, whichever is
greater. Actual hours worked shall be counted as hours deemed to have been worked for
purposes of overtime compensation.
E. HOLDOVER. An employee who is held- over beyond the end of his regular
shift shall be compensated for the actual time he is required to remain on duty,
computed to the nearest quarter hour.
5.
F. REPLACEMENT CALLBACK. If an employee is called back to work for a
period not coinciding exactly with the entire scheduled twenty-four (24) hour work shift
(i.e., 0800 hours to 0800 hours) to replace an absent employee, the callback compensation
shall be calculated as follows provided, however, that this paragraph F shall become
inoperative in the event either party exercises its option under Article 14-G:
I. The replacing employee shall be compensated at the appropriate rate
(i.e., straight time or time and one-half, depending upon the number of hours he has been
deemed to have worked during the particular cycle) for all hours which he/she is deemed
to have worked pursuant to paragraphs 2 and 3 below.
2. If the replacing employee begins duty at or after 1400 hours, he/she
shall be deemed to have worked all hours the employee is on duty without regard to
whether or not sleep time is used for sleep.
3. If the replacing employee begins duty before 1400 hours, he/she shall
be deemed to have worked eighteen (18) hours, provided that compensation for sleep time
shall be calculated pursuant to Article 14-C; provided' further, however, that the number
of hours between 0800 and the time the employee began duty shall be deducted from the
number of hours the employee is deemed to have worked in excess of eighteen (18) hours
as the result of the operation of Article 14-C.
4. Example of the above calculations:
(a) Employee A is called in to replace employee B. A begins duty at
1500 hours, works to 2130 hours, sleeps from 2130 to 0330 hours and works from 0330 to
0800 hours. A shall receive compensation at the appropriate rate for seventeen (17)
hours.
(b) If in the above example, A had slept from 2130 to 2400 and
worked from 2400 to 0800 hours, he/she would still receive compensation for seventeen
(I 7) hours.
(c) If, in the above example, A had started duty at 1200 hours,
worked to 2130 hours, slept From 2130 to 2400 hours, and worked from 2400 to 0800
hours, he/she would receive compensation for eighteen (18) hours deemed worked, plus
two (2) hours pursuant to Article 14-C (six (6) hours pursuant to Article 14-C less four (4)
hours from 0800 to 1200 hours).
ARTICLE 4
INSURANCE
A. The CITY shall continue to provide group medical insurance to employees
with coverage and other benefits equal to the Blue Cross Group Medical Plan Number
84394A. in effect as of July I, 1978, a copy of which is attached hereto and incorporated
herein as Exhibit "B."
B. The CITY will pay the premiums for dependent health insurance equal to the
Blue Cross Group Medical Plan delineated in Article 4, Section A, for those employees
who have accumulated 480 or more hours of sick leave in accordance with Article 6. The
use of all or part of said sick leave after the accumulation of said 480 or more hours shall
not terminate or suspend the employees' right to have such premiums paid by the .CITY.
The CITY shall pay all of said premiums for dependent health insurance, as
described above, for all employees who have completed three (3) years of service with
the CITY, irrespective of the number of hours of sick leave accumulated by them.
C. Effective July I, 1978, upon retirement (whether service or disability
connected), each employee shall be entitled to cause himself and his dependents to
participate fully in the group medical insurance program maintained by the CITY with
respect to employees represented by the ASSOCIATION at the CITY's group premium
rate. Retired employees exercising this option shall cause the premiums to be paid by
the CITY out of any available funds due and owing them for unused sick leave benefits
upon retirement, as provided in Article 6; provided, however, that whenever any such
retired employee does not have any such available funds with which to cause the
premiums to be paid, he shall have the opportunity to provide the CITY with sufficient
funds to pay the premiums. At retirement, the sick leave hours remaining shall be
converted to a dollar figure, as provided in Article 6, 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 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
7.
available to pay premiums or to make premium payments at least one 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 above that it intends to cause his 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 insurance coverage. after . retirement shall have the
further option to .terminate such coverage following the provision of thirty (30) days
written notice to the CITY, whereupon any funds due and owing him 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; provided, however, that once such retired employee elects to
terminate such coverage, he shall be precluded from securing it at a later date at the
group rate. It is understood that such retiree coverage shall be made available during the
term of this agreement at no increased cost to the CITY.
D. The CITY shall provide for each employee, at CITY's cost, $1,000 of life
insurance with coverage equal to the Group Life Insurance Plan in effect on July I, 1978,
a copy of which is attached hereto and incorporated herein as Exhibit "C." Said
insurance shall contain provisions for optional supplemental coverage at the employees'
cost.
E. The CITY shall continue to provide and make available for employee benefit
at the employees' option and cost, a long term disability insurance plan equal to the
Group Disability Insurance Plan in effect on July I, 1978, a copy of which is attached
hereto and incorporated herein as Exhibit "D.".
F. Nothing in this Article 4 shall be deemed to restrict the CITY's right to
change insurance carriers should circumstances warrant.
G. Nothing in this Article 4 shall be deemed to obligate the CITY to improve
the benefits outlined in this Article 4.
ARTICLE 5
DENTAL PLAN
The CITY.shall permit each employee and his/her dependents to participate
fully in any dental and/or orthodonture insurance program maintained by the CITY for
any of its employees with PMI. Those employees currently receiving dental insurance
benefits (including orthodonture coverage) under the terms of the
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agreement between the CITY and James H. Kaufman, D.D.S., Incorporated, dated
November II, 1973, known as the "AAA" Plan offered by the Dentists' Group
Management Corporation, shall be entitled to receive such benefits until such treatment
has been concluded.
ARTICLE 6
SICK LEAVE
Upon termination, employees shall be paid (or have paid on their behalf as
provided in Article 4) at their current salary rate for twenty-five percent (25%) of
unused, earned sick leave from 480 through 720 hours, and for fifty percent (50%) of all
unused, earned sick leave for hours in excess of 720 hours.
ARTICLE 7
HOLIDAYS
A. Employees shall be compensated by the CITY in lieu of holidays at the rate
of .04375 of the employee's monthly salary rate set forth in Article 2, payable each and
every pay period, for the following recognized legal holidays:
(1)
New Year's Day (January 1)
(2)
Lincoln's Birthday (February 12)
(3)
Washington's Birthday (third Monday in February)
(4)
Memorial Day (last Monday in May)
(5)
Independence Day (July 4)
(6)
Labor Day (first Monday in September)
(7)
Columbus Day (second Monday in October)
(8)
Veterans' Day (last Monday in October)
(9)
Thanksgiving Day (fourth Thursday in November)
(10)
Friday after Thanksgiving
(1 1)
Christmas Day (December 25)
B. In the event that a holiday, other than the holidays set forth in Article 7,
Section A, is officially declared by the President of the United States, the Governor of
the State of California, or the CITY to be a national, state or city holiday,. employees
shall be compensated by CITY at the equivalent of eight (8) hours at the monthly salary
rate set forth in Article 2.
C. Holidays which fall on Sunday shall be observed the following Monday, and
those falling on Saturday shall be observed the preceding Friday.
D. Employees designated by the Fire Chief who are required to work regular
shifts on the above holidays set forth in Article 7, Section A, shall not be entitled to time
off or overtime. They shall accrue time for holiday pay purposes based on the number of
days in the calendar year that general CITY offices are closed in observance of legal
holidays, Saturdays and Sundays excluded.
E. Any employee who does not work shift work may take time off in lieu of
holiday pay_as set forth in Article 7, Section A.
ARTICLE 8
VACATIONS
A. 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 8.
B. VACATION ALLOWANCE. Permanent, full time employees shall accrue
annual vacations with pay as follows:
(1) For the first five (5) years of continuous service, vacation time shall
be accrued at the rate of ninety-six (96) hours per year,
(2) After five (5) years of continuous service to the completion of ten (10)
years of continuous service, vacation time shall be accrued at the rate of 112 hours per
year.
(3) After ten (10) years of continuous service to the completion of fifteen
(15) years of continuous service, vacation time shall be accrued at the rate of 128 hours
per year.
(4) After fifteen (15) years of continuous service, vacation time shall be
accrued at the rate of 160 hours per year.
C. On two occasions during each fiscal year, each employee shall have the
option to convert into a cash payment up to a total of forty-two (42) hours of earned
vacation benefits, provided that no more than forty-two (42) total hours of earned
vacation benefits shall be so converted during any one fiscal year. The employee shall
give two (2) weeks advance notice of his/her desire to exercise such option.
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D. VACATION: WHEN TAKEN. No vacation may be taken until the
completion of six (6) months of employment. No employee shall be permitted to take a
vacation in excess of actual time earned and vacation shall not be accrued in excess of
320 hours. Vacations shall be taken only with permission of the Fire Chief who shall
schedule all vacations with due consideration for the request of the employee and
particular regard for the need of the department.
E. HOLIDAYS OCCURRING DURING VACATION. In the event one or more
holidays as set forth in Article 7, Sections A and B, falls within a vacation period of an
employee, not receiving holiday pay in accordance with Article 7, Section E, said day or
days shall not be charged against the vacation allowance as defined in this Article 8, but
the vacation may be extended accordingly.
F. VACATION PAYCHECK. Each employee shall, at his option, by written
notice to the CITY Finance Director given at least two (2) weeks prior to the
commencement of said employee's scheduled vacation, be entitled to receive his 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
employee's anniversary year.
G. VACATION PAY UPON TERMINATION. Except as provided in Article 8-C,
no employee shall, be paid for unused vacation other than upon termination of
employment, at which time said terminating employee shall receive compensation at his
current salary rate for all unused, earned vacation to which he is entitled up to and
including the effective date of his termination.
H. VACATION AVAILABILITY BY. SHIFTS. The Fire Department operates on a
three -shift basis, with personnel being assigned to either 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. Three of these slots shall
be made available by rank, one to Firemen, one to Engineers, one to Captains and one
slot shall be available to persons assigned to duty as a Paramedic. 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 absence.
ARTICLE 9
BEREAVEMENT LEAVE
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 per calendar year in each instance of death in the
immediate family. Immediate family is defined as father, mother, sister, brother,
spouse, children, grandfather, grandmother, stepfather, stepmother, stepgrandfather,
stepgrandmother, stepsisters, stepbrothers, mother-in-law, father-in-law, brother-in-law,
sister-in-law, stepchildren or wards of which the employee is the legal guardian.
ARTICLE 10
COURT SERVICE
Employees who are subpoenaed to attend court to serve as witnesses, or 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 or witnesses, are remitted to the CITY.
ARTICLE I I
EDUCATION INCENTIVE PLAN
A. Except as provided below in Article I I-D, employees shall be compensated
by CITY for an education incentive as follows:
Education HBFD Continuing
Incentive Completed Year of Monthly Education
Level Units Tenure Amount Maintenance Units
I Cert. in Fire 1 SO 6
Science or
30 Units
II 60 Units 2
$ 70 3
III 90 Units (or 3
$ 90 3
AA Fire Science)
IV 120 Units S
$ 110 3
V BA or BS 6
$ 120 0
Degree
12.
B. It is the purpose and intent of the Education Incentive Plan to motivate the
employee to participate in and continue with his education so as to improve his
knowledge and general proficiency which will, in turn, result in additional benefits to the
fire department and to the CITY. When and as certain levels of additional education are
satisfactorily completed and attained, the employee will receive additional monetary
compensation in recognition of his educational achievement. As used herein, "education"
is defined as units in approved college courses or approved special courses, seminars and
programs, or a combination. thereof. In order to implement the foregoing, the following
stipulations shall apply:
(1) Participation in the plan shall be available to all employees.
(2) An education committee shall be formed and shall be composed of
three (3) members. Of said three (3) members, one (1) shall be appointed by the
ASSOCIATION, one (1) appointed by the Fire Chief and the Personnel Director or his
designee.
(3) Certification to an education incentive level and to the additional
monthly compensation therefor shall commence on the first day of the month after
approval by the Fire Chief and the Education Committee.
(4) Special courses, seminars and .programs which have been approved in
advance by the education committee and the Fire Chief shall be considered as
educational units on the basis of one (1) unit for each eighteen (18) hours of instruction.
Fractional hours in one (1) course, seminar or program shall be cumulative and may be
added to fractional hours resulting from another course, seminar or program. Such
courses, seminars and programs shall be at CITY expense and the employee shall attend
either on -duty or off -duty at the discretion of the Fire Chief.
(S) An employee who has attained education incentive levels I or II shall,
so as to maintain himself therein, satisfactorily complete either two (2) college courses
which have been approved in advance by the education committee and Fire Chief, or two
(2) special courses, seminars or programs, or any combination thereof, during every two
(2) fiscal years, except that one who has attained education incentive level II with an AA
degree shall, so as to maintain himself therein, satisfactorily complete either one (1)
approved college course or one (1) special course, seminar or program, or any
combination thereof.
13.
(6) An employee who has attained education incentive level III may, so as
to maintain himself therein, satisfactorily complete either one (1) college course which
has been approved in advance by the education committee and Fire Chief, or one (1)
special course, seminar or program, or any combination thereof, during each two (2)
fiscal years. Any employee who elects to not fulfill the foregoing biennial requirement
shall revert to and thereafter receive the monthly amount set forth for education
incentive level II, but he shall thereafter be reinstated to the monthly amount for
education incentive level III upon satisfactory completion of the biennial requirements
therefor.
(7) An employee who has attained education incentive level IV may, so as
to maintain himself therein, satisfactorily complete either one (1) college course which
has been approved in advance by the education committee and Fire Chief, or one (1)
special course, seminar or program, or any combination thereof, during each two (2)
fiscal years. Any employee who elects to not fulfill the foregoing biennial requirement
shall revert to and thereafter receive the monthly amount set forth for education
incentive level III, but he shall thereafter be reinstated to the monthly amount for
education incentive level IV upon satisfactory completion_ of the biennial requirements
therefor.
(8) "Satisfactory completion" of college courses, as referred to in the
preceding three (3) paragraphs, shall be attaining a minimum grade of "C." The
furnishing of all documentation, including transcripts, to the education committee shall
be the sole responsibility of the employee.
(9) Degree majors in public administration, fire protection engineering or
other closely related fields shall be approved in advance by the education committee and
the Fire Chief.
(10) Courses shall be related to job or general education requirements for
degree objective as approved by educational institution for degree program.
(1 1) Ten (10) of thirty (30) units and twenty (20) of sixty (60) units must be
approved fire science or fire administration. However, an approved degree program will
fulfill any unit requirement.
unit credits.
(12) Special courses shall not constitute more than one-third (1 /3) of total
14.
C. An employee who has participated in the education incentive program in
excess of five (5) years, and who has conscientiously complied with all of the
requirements of the education incentive plan, shall not thereafter be reduced below the
highest level attained by said employee.
D. Employees hired by the City of Huntington Beach subsequent to
January I, 1979 shall not be eligible for the benefits described in paragraph A of this
Article 1 I; provided, however, that each such employee shall be entitled to receive full
reimbursement for books and tuition expended in connection with approved courses as
defined in paragraph B of this Article 11. Tuition expenses shall be reimbursed at the
applicable rate charged by California State Universities unless an employee is attending
a Community College, whereupon the applicable rate charged by that institution will
apply. The employee shall secure approval to attend a particular course prior to
commencing such attendance and reimbursement shall be made upon his providing
evidence of satisfactory completion of said course of study, as defined in paragraph B of
this Article I I.
ARTICLE 12
RETIREMENT
A. The CITY shall provide all safety employees with that certain retirement
program commonly known and described as the "2% at age 50 plan" which is based on the
retirement formula as set forth in the California Public Employees' Retirement System
(PERS), Sections 20952.5 and 21.252.01 of the California Government Code, including the
one-half ('h) continuance option for safety employees and the 1959 survivor option for all
employees as established by the California Public Employees' Retirement System,
Section 21382 of the California Government Code in effect as of July I, 1975.
B. The CITY shall continue the Amendment of its contract with PERS under
which retirement benefits are calculated based upon the employee's highest one year's
compensation instead of his highest three consecutive years compensation, pursuant to
the provisions of Section 20024.2 of the California Government Code.
C. All "non -safety" employees represented by the ASSOCIATION shall receive
the same retirement benefits as provided to other "non -safety" employees of the CITY.
D. The obligations of the CITY and the retirement rights of employees as
provided in this Article 12 shall survive the term of this Agreement as set forth in
Article 28.
15.
ARTICLE 13
COMPENSATION FOR SUPERVISORS
Supervisors (Supervising Fire Controller, Fire Captains and Deputy Fire Marshals)
shall be compensated by CITY at a higher rate than any of their subordinates. Said
Supervisor's rate shall be advanced to a step in his salary grade which will provide him
with a rate of one (1) salary step higher than any subordinate's pay (exclusive of
overtime, or other special compensation) regardless of the Supervisor's length of service.
ARTICLE 14
WORK SHIFT
A. This Article 14 applies only to those employees working a modified
twenty-four (24) hour shift schedule averaging forty-two (42) hours per week, not
including sleep time as described below. All other employees shall receive pay based on
the hours per week worked averaged over the cycle established for each employee as set
forth in Article 3.
B. The work shift shall be twenty-four (24) hours in duration. The average work
week shall be forty-two (42) hours as averaged over a twenty-four (24) day period. If an
employee is deemed Jo, have worked more than 144 hours in a twenty-four (24) day
period, he shall receive additional pay to the nearest quarter hour for all additional hours
worked.
C. If an employee cannot, obtain six (6) hours sleep or a reasonable opportunity
to sleep between 2130 hours and 0730 hours, and as a result, is deemed to have worked
more than four (4) hours during that time period, he shall receive six (6) hours additional
pay for that work shift.
D. An employee shall be considered to be working if he is called to duty by
order initiated by the Fire Chief or his designee.
E. Exchange of shifts shall occur at 0800 hour each day provided, however, that
employees shall actually arrive sufficiently in advance of 0800,so as to comply with Fire
Department Rule and Regulation Policy B-2, Section-7.37 concurrently existing as of the
execution of this Agreement. Said advance time shall not constitute time deemed to
have been worked within the meaning of Article 3.
F. Meal periods are paid as hours worked.
16.
G. This Article 14 may be revoked by either the CITY or ASSOCIATION upon
thirty (30) days prior written notice. If this Article 14 is revoked, the work schedule
shall convert to a schedule which is eight (8), twenty-four (24) hour shifts in a
twenty-four (24) day cycle that averages to fifty-six (56) hours per week and classified
relief positions may be reinstated to the extent provided in Article 17-C.
ARTICLE 15
EARLY RELIEF
.An employee may be relieved by any other employee who is qualified to relieve
him, at any time between the hours of 0600 to 0800. It shall be the responsibility of the
employee's supervisor to insure that the relief of all employees is accomplished in a fair
and equitable manner. If any employee abuses this early relief Article 15, the employee's
supervisor may revoke the early relief. It is understood and agreed that the early relief
provided by the terms of this Article 15 shall not result in any additional cost to CITY.
ARTICLE 16
EXCHANGE OF SCHEDULE
The Fire Department shall allow ASSOCIATION members exchanges of schedule
pursuant to "Policy D-7 of the Huntington Beach Fire, Department Organization Manual"
attached hereto and incorporated herein as Exhibit "F."
ARTICLE 17
CLASSIFIED RELIEF
Employees may be assigned as classified relief and shall be managed by the CITY
as f of I ows:
A. Three (3) Fire Engineers and three (3) Firefighters may be assigned to
classified relief positions. They must be so assigned equally among shifts to relieve
vacancies occurring due to absence for reasons such as vacations, sickness and injuries.
B. The three (3) Fire Engineers and three (3) Firefighters working relief shall
receive a 5.5% pay differential for the per.iod of such relief assignment.
C. The classified relief positions set forth above shall be eliminated by attrition
or as vacancies occur in permanent positions; provided, however, that in the event the
ASSOCIATION exercises the option provided in Article Ili-G, the CITY may assign the
following numbers of persons per shift to classified relief positions: One (1) Fire Captain
relief, one (1) Fire Engineer relief, one (1) Firefighter relief and one (I) Fire Paramedic
rel ief.
17.
D. Any employee working in a higher classification shall receive a 5.5% pay
differential for those shifts worked, paid in groups of five (5) shifts. After accrual of
said five (5) shifts, the employee shall be paid the 5.5% pay differential for the entire
pay period following said accrual.
ARTICLE 18
MINIMUM MANNING
CITY shall man apparatus with sufficient manpower to assure the safety of
employees and the control of risk.
A. For the purpose of this Article 18, the minimum manning of apparatus shall be
as follows:
I. Each engine company shall be manned with no less than one (1) Fire
Captain, one (1) Fire Engineer, and one (1) Firefighter.
2. When two-piece companies are utilized by the department, the second
unit shall be manned by at least one (1) Fire Captain and one (1) Fire Engineer.
(a) Two-piece companies shall respond to structure fires as one unit
and not be considered as separate engines for response purposes.
(b) The second unit shall only respond by itself on single engine
alarms, i.e., trash fires, vehicle fires and medical aids.
3. Each truck company shall be manned with no less than one (1) Fire
Captain, one (1) Fire Engineer and two (2) Firefighters.
4. Paramedic units shall be manned with no less than two (2) Fire
Paramedics.
The CITY may employ up to two (2) additional Fire Paramedics per shift
over and above those necessary to meet the minimum manning requirements. Only one
of those additional Fire Paramedics may be utilized to fulfill the CITY's minimum
manning obligations by replacing an individual in any position for which said additional
Fire Paramedic is qualified to serve. The other additional Fire Paramedic may only be
utilized to fulfill the CITY's minimum manning obligations by replacing an absent Fire
Paramedic.
5. Fire companies not considered to be in full service and immediately
available shall not be required to have personnel assigned to them for the purpose of this
Article.
6. There shall be at least two (2) qualified Fire Controllers on duty at all
times.
7. (a) The minimum manning as set forth in this Article, shall be
specifically and exclusively from employees of the Huntington Beach Fire Department
for all routine activities and normal shift duties.
(b) No employee shall be assigned to more than one (1) company at
the some time for all routine activities and normal shift duties.
(c) Routine activities and normal shift duties shall include those
ernergencies that would normally be handled by the on -duty suppression force.
8. Any employee assigned to serve in the capacity of Battalion Chief Aide
shall not be utilized to satisfy any of the minimum manning requirements set forth in this
Article; provided, however, that such employee may be utilized as a Firefighter to
satisfy minimum manning requirements for Engine Company 8201 only, and may be
utilized to fill a position for which he is qualified to serve in cases of temporary fill-in of
two (2) hours or less.
9. Employees acting in a higher classification, when properly qualified and
compensated in accordance with Article 17, shall be considered equivalent to the
required classification.
B. For the purpose of this Article, all fire engines shall be defined as apparatus
with fire pump, fire hose, water tanks, ground ladders and necessary fire fighting
equipment, excluding specifically aerial ladder or platform capabilities.
C. For the purpose of this Article, all fire trucks shall be defined as apparatus
that have mounted on the chassis, an aerial ladder or aerial platform.
D. For the purpose of this Article, a Paramedic unit is defined as a vehicle, other
than a fire engine, fire truck or salvage unit, that has as its sole purpose a capability of
providing emergency medical and/or rescue assistance.
E. For the purpose of this Article, a salvage unit shall be any vehicle other than
those delineated in parograghs A through D of the Article, which carries equipment and
manpower for the purpose of salvage, overhaul, fire control, medical supplies, emergency
lighting equipment, or other accessory fire combat and damage prevention equipment.
F. Any fire department apparatus, vehicles, technological changes, and new
innovations will be discussed with the ASSOCIATION prior to being placed in full service
for immediate response.
ARTICLE 19
ASSIGNED SHIFT POLICY
Employees of equal rank shall have the option to exchange assigned shifts on a
man -for -man basis upon written request to and approval of the Fire Chief.
ARTICLE 20
PROMOTIONAL EXAMINATIONS
Promotional examinations shall be announced to all employees no less than thirty
(30) days prior to the final filing date for the promotional examination. The CITY may
establish a fixed annual date for promotional examinations provided, however, that in the
event any examination will be scheduled on a date other than the fixed annual date for
promotional examinations, the CITY shall announce said promotional examination no less
than thirty (30) days prior to the final filing date for said promotional examination.
A. All applicants shall meet all requirements for the promotional examinations as
set forth in the Huntington Beach Fire Department Organization Manual, a copy of the
relevant provision thereof is attached hereto as Exhibit "G," as of the final filing date for
the promotional examination.
B. Promotional examinations shall be administered to only qualified applicants
who are members of the.City of Huntington Beach Fire Department, as long as a
minimum of two (2) such applicants apply for each promotional examination.
.C. Promotional examinations shall be weighed on the basis of sixty (60) percent
oral or practical, and forty (40) percent written. Seventy (70) percent shall be considered
passing on the examination. In the event that there are less than three (3) qualified
candidates who pass the examination, the seventy (70) percent passing score may be
waived by CITY provided, however, that the actual score of the individual employee shall
be used for scoring purposes.
D. Any challenge to any portion of the examination process must be filed within
ten (10) days of the date of said examination. In the event any contract between CITY
and a testing agency should preclude review of the examination on CITY premises, the
CITY shall authorize such review of said examination to determine the validity of such a
challenge. A protest board consisting of three (3)
20.
members shall hear the employee protest and shall recommend acceptance or rejection
of the protest. The protest board shall consist of one (1) member. appointed by the Fire
Chief, one (1) member appointed by the Personnel Director and one (1) member appointed
by the ASSOCIATION.
E. Each employee who participates in a promotional examination shall receive his
score and final standing in writing from the CITY within ten (10) days after completion
of the promotional selection process period.
ARTICLE 21
SAFETY CLOTHING AND UNIFORMS
The present uniform and clothing policies as delineated in this Article 21, Section
L, shall remain in effect until the Fire Chief or his designee and the ASSOCIATION
mutually agree 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:
A. Meet all applicable state and federal regulations relating to said clothing
and, with the exception of station uniforms, be of high quality fire resistant material.
B. Be provided by CITY with the exception of the physical fitness uniform;
C. Any uniforms with the exception of the physical fitness uniform, that are
destroyed or which become unacceptable and which were damaged by circumstances
involving the Firefigher's regular work while on duty, shall be replaced by CITY at no
cost to the employee.
D. CITY shall provide the following uniforms:
1. Five (S) sets of daily work uniforms consisting of pants and shirts;
provided, however, that one such set shall be preserved as a dress uniform to be worn
only on such occasions as a dress uniform shall be deemed appropriate. The work and
dress uniform shall be Unitog Stock shirt and Stock trousers;
2. One (1) pair of safety shoes, Chippewa or equivalent; provided,
however, that non -sworn personnel may be provided one (1) pair of dress shoes in lieu of
safety shoes.
3. One (I) station uniform jacket of the nature and quality presently
described in Policy C-2 of the Huntington Beach Fire Department.
21.
E. The uniforms described in paragraph D above shall be replaced by the CITY
whenever the Chief or his designated representative determines that such replacement is
necessary; provided, however, that any employee who disagrees with the determination
of the Chief or his representative shall have the right to appeal that determination to the
uniform advisory committee, as established below in paragraph I.
F. All accessory identification, adornments, badges, patches, belt and other
appurtenances thereto shall be provided by CITY.
G. The employee shall be responsible for the preservation and cleaning of all
uniforms.
H. CITY shall provide each employee, who participates in the Fire Department's
physical fitness programs, fifty dollars ($50) per fiscal year for the purchase of physical
fitness uniforms (including white T-shirts) and physical fitness shoes, payable in the first
payroll in December, 1976 and December, 1977; provided that the white T-shirts referred
to herein may be required to be worn as part of the daily work uniform.
I. 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 Memorandum of Agreement.
J. All employees assigned to staff positions shall be provided two (2) complete
sets of the type of uniform required by the Fire Chief for such positions. This uniform
may be issued in lieu of two (2) sets of the work uniforms provided by D-1. Staff
employees required to wear said uniform shall also be provided with:
I. Three (3) extra shirts for a total of five (5);
2. One (I) pair of dress shoes; and
3. One (1) blazer.
K.. The present uniform policies for non -safety employees shall remain in effect
until the Fire Chief or his designees and the ASSOCIATION mutually agree upon any type
of change.
L. All uniforms and equipment furnished by CITY shall remain the property of
CITY and be returned or replaced if the employee terminates.
22.
ARTICLE 22
QUARTERS
CITY shall continue to provide necessary kitchen, living and sleeping quarters in
the several fire stations.
ARTICLE 23
REINSTATEMENT. OF EMPLOYEES NO LONGER DISABLED
Whenever the retirement benefits of an employee who has received a disability
retirement are revoked by PERS on the grounds that the employee is no longer disabled
from performing the duties of the position held at the tirne of retirement, the CITY shall
immediately reinstate such employee at his former position and pay step upon application
therefor by said employee.
ARTICLE 24
LAYOFFS
The procedure and practice regarding layoffs in effect on July I, 1976 shall
remain in full force and effect during the entire term of this Agreement.
ARTICLE 25
PRECEDENCE
In any case in which any provision of this Memorandum of Agreement is
inconsistent with any CITY ordinance, rule, regulation, resolution, including provisions of
any Fire Department Manual, the provisions of this Agreement shall supersede and take
precedence.
ARTICLE 26
SEVERAB IL ITY
If any section, subsection, sentence, clause, phrase or portion of this Agreement
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 resolution or its application to other persons. The City Council hereby
declares that it would have adopted this Agreement 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.
TZ
0
ARTICLE 27
EXISTING CONDITIONS OF EMPLOYMENT
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.
ARTICLE 28
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 reasonable work and safety rules and regulations in
order to maintain the efficiency and economy desirable for the performance of CITY
services.
ARTICLE 29
TERM OF MEMORANDUM OF AGREEMENT
This Memorandum of Agreement shall be in effect for a term of twelve (12)
months, commencing on July I, 1978, and ending at midnight on July 6, 1979. This
Agreement 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.
24.
ARTICLE 30
CITY COUNCIL APPROVAL
It is the understanding of CITY and ASSOCIATION that this Memorandum of
Agreement is of no force or effect whatsoever unless and until adopted by resolution of
the City Council of the City of Huntington Beach.
DATED:
APPROVED AS TO FORM:
,J Nich las Counter III
/'L/abor Relations Counsel
APPROVED AS TO FORM:
SILVER, WELLS AND KREISLER
Step en H. Silver
Counsel for ASSOCIATION
CITY OF HUNTINGTON BEACH
ity Adffiinistrator
Chief
OINGTON BEACH
EMEN'S ASSOCIATION
Is
91
APPROVED AS.TO FORM.-
GAIL HUTTON
City Attorney
By: -
Deputy City At'orn y
25.
!s. No. 4731
SPATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council
at a regular meeting thereof held on the 19th day
of March , 19 79 , by the following vote:
AYES: Councilmen:
Yoder, Thomas, MacAllister, Mandic, Bailey, Pattinson
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
The foregoing instrument is a correct copy
of the original on fie in lh's office. 7q
Attest��:cam
City Cier k the City
Council of the C1.,. `.; "w.. l
,� .� o3liuiil,JlVl1 B Bch, Cal.
Huntington
Beach
Firefighters
Association
1975
— 1976
600070
�6I��t��
Ot
r a
i
i
RESOLUTION NO. 4149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING
A MEMORANDUM OF AGREEMENT WITH THE HUNTINGTON
BEACH FIREMEN'S ASSOCIATION
The City Council of the City of Huntington Beach does hereby
resolve as follows:
The Memorandum of Agreement between the City of Huntington
Beach and the Huntington Beach Firemen's Association, dated
July 1, 1975, a copy of which is attached hereto and by reference
made a part hereof, is hereby adopted and ordered implemented
in accordance with the terms and conditions thereof.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at an adjourned regular meeting thereof held
on the 23rd day of October, 1975.
ATTEST:
City Clerk
APPROVED AS TO CONTENT:
City Ac�rn_i.ni_stra.tor
MAYOR
APPROVED AS TO FORM:
D014 P. BONFA, City Attorney
By(
WILLIAM S. AMSBARY, Deputiy m7a)
City Attorney
.w
r
Res. No. 4149
STATE' OF CALIFORNIA )
COUNTY OF ORANGE; ) ss
CITY OF HUNTINCTON BEACH )
I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council
at a regular adjourned meeting thereof held on the 23rd day
of October , 19 75 by the following vote:
AYES: Councilmen:
Bartlett, Wieder, Matney, Shipley, Gibbs
NOES: Councilmen:
None
ABSENT: Councilmen:
Coen, Duke
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
-
MHM:cs
MEMORANDUM OF AGREEMENT
Between
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
t (hereinafter called CITY)
and
THE HUNTINGTON BEACH FIREMEN'S ASSOCIATION
(hereinafter called ASSOCIATION)
PREAMBLE
WHEREAS, pursuant to California Law, the CITY, acting by and
through its designated representatives, duly appointed by the
governing body of said CITY, and the representatives of the
ASSOCIATION, a duly recognized employee association, have met and
conferred in'good faith and have fully communicated and exchanged
information concerning wages, hours and other terms and conditions
of employment for the fiscal year 1975-1976; and
WHEREAS, except as otherwise expressly provided herein, all
terms and conditions of this Agreement shall apply to all employees
represented by the ASSOCIATION; and
WHEREAS, the representatives of the CITY and the ASSOCIATION
desire to reduce their agreements -to writing,
NOW, THEREFORE, this Memorandum of Agreement is made to become
effective July 1,'1975, and it is agreed as follows:
1.
ARTICLE 1
REPRESENTATIONAL UNIT
It is recognized that the Huntington Beach Firemen's Asso-
ciation is the employee organization which has the right to
meet and confer in good faith with the CITY on behalf of
employees of the Huntington Beach Fire Department within the
following classification titles:
Fire Apprentice
Fire Dispatcher
Fire Fighter
Supervising Fire Dispatcher
Fire Engineer
Fire Paramedic
Fire Protection Specialist
Fire Captain
Deputy Fire Marshal
ARTICLE 2
SALARY SCHEDULES AND PAYCHECKS
A. Employees shall be compensated by the CITY at monthly
salary rates -by classification title and salary range effective
July 1, 1975, as follows:
MONTHLY
SALARY
RATES
Title
Range
A
B
C
D
E
Fire Apprentice
335
'721.
823
926
Fire Dispatcher
341
871i
921
969
1020
1076
Firefighter
347
1029
1085
1146
1210
1279
Supvg Fire Disp
349
1085
1146
1210
1279
1353
Fire Engineer
351
1146
1210
1279
1.353
1-427
2.
Title
Range
A
B
C
D
E
Fire Paramedic
351
1146
1210
1279
1353
1427
Fire Protect Spec
353
1210
1279
1353
1427
1506
Fire Captain
356
1315
1389
1466
1550
1637
Deputy Fire Mar
358
1389
1466
1550
1637
1732
B. Salary set forth in Article 2, Section A, shall be paid
on a biweekly basis. By mutual consent of CITY and ASSOCIATION,
early payment and other modifications can be made.
C. Paychecks shall be ready and available for distribution
to each employee by 0800 hours on each pay day at the Joint
Powers Training Center barring unforeseen circumstances beyond
the control of CITY. A monthly paycheck stub or memorandum
accompanying the paycheck shall contain an itemization of amounts
paid under various categories of pay, including educational
incentive pay, holiday pay, and all overtime, and shall also
contain an itemization of the nature and the purpose of each
deduction withheld from the employee's gross earnings.
ARTICLE 3
OVERTIME, COMPENSATORY TIME, STANDBY AND CALLBACK
A. OVERTIME.
(1) Non-exempt employees. (as herein defined) working
a twenty-one (21) day work cycle shall receive pay at one and
one-half (1 112) times their normal rate for all time worked
in excess of 168 hours in the twenty-one (21) day cycle. In
determining hours worked under this paragraph A(1), so long as
3.
the work shift is twenty-four and one-fourth (24 1/4) hours, a
sleep period of six and one-fourth (6 1/4) hours shall not be
counted as hours worked, except as provided in Article 14,
Section C. If the work shift reverts to twenty-four (24)
hours, the entire period of twenty-four (24) hours, without
deduction for a sleep period, shall be counted as hours worked.
(2) Non-exempt employees working ten (10) and
fourteen (14) hour shifts shall receive pay at one and one-half
(1 1/2) times their normal rate for all hours worked in excess
of an average of forty-two (42) hours in any week, averaged
over an eight (8) week cycle.
(3) Non-exempt employees on a regular forty (40)
hour per week work schedule will be compensated at a rate one
and one-half (1 1/2) times their normal rate hours worked in
excess of forty (40) hours in any week.
(4) Non-exempt employees are those employees in all
classifications except supervising fire dispatchers, fire
captains, and deputy fire marshals.
(5) Entitlement to overtime pay at the time and
one-half rate is calculated on the basis of actual time worked,
exclusive of absences with or without pay.
(6) The CITY will maintain an overtime callback
system as set out in "Huntington Beach Fire Department Organiza-
tion Manual, Policy D-3,rr published June 25, 1975, a copy of
which is attached hereto and incorporated herein as Exhibit
"A. It
B. COMPENSATORY TIME. In lieu of compensation for
overtime as provided in Article 4, Section A, employees may,
with approval of the fire chief, be compensated by equivalent
compensatory time.
Compensatory time may be accumulated to a maximum of 120
hours. Any employee shall be entitled to pay in full at his
current salary rate for any compensation time accrued by him.
C. STANDBY. Any employee who is ordered to be available
on a standby basis for possible recall to duty shall receive a
minimum of two (2) hours pay at the straight time rate for
each work shift the employee is on standby.
If the employee is ordered to work and (:ommences to work -
before two (2) hours ;standby has el.al:jsed, he be pald for
actual time on standby up to commencement of duty time, at
which time the employee is on regular pay status at the
straight time.rate, except to the extent that such hour;
worked may qualify for time and one-half based on overtime
provisions.
D. CALLBACK. Employees who are ordered to return to
duty on other than their regularly scheduled shift shall
receive a minimum two (2) hours compensation at straight time
pay or pay for actual hours worked whichever :is greater. Actual
hours worked shall be counted as hours worked for purposes of
overtime compensation.
E. HOLDOVER. An who i.: he 1_u ov(-,i, beyond the
end of his regular shift shall be compensated for the actual
time he is required to remain on duty, computed to the nearest
quarter hour.
ARTICLE 4
INSURANCE
A. The CITY shall continue to provide group medical in-
surance to employees with coverage and other benefits equal to
the Blue Cross Group Medical Plan Number 84394A in effect
as of July 1, 1975, a copy of which is attached hereto and
incorporated herein as Exhibit "B."
B. The CITY will pay the premiums for dependent health
I
nsurance equal to the Blue Cross Group Medical Plan
delineated in Article 4, Section A, for those employees who
have accumulated 480 or more hours of sick leave in accordance
with Article 6, Section A. The use of all or part of said
sick leave after the accumulation of said 480 or more hours shall
not terminate or suspend the employees' right to have such
premiums paid by the CITY.
C. The CITY shall provide for each employee at CITY's
cost $1,000 of life insurance with coverage equal to the
Safeco Group Life Insurance Plan in effect on July 1, 1975, a
copy of which is attached hereto and incorporated herein as
Exhibit "C." Said insurance shall contain provisions for
optional supplemental coverage at the employees' cost.
D. The CITY shall continue to provide and make available
NO
for employee benefit at the employees' option and cost, a long
term disability insurance plan equal to the Group Disa-
bility Insurance Plan in effect on July 1, 1975, a copy of
which is attached hereto and incorporated herein as Exhibit
I'D.It
E. Nothing in this Article 4 shall be deemed to restrict
the CITY's right to change insurance carriers should circum-
stances warrant.
F.
Nothing in
this
Article
11 shall be d(�emed
to obli€;ate
the CITY
to improve
the
benefits
outl_ rigid i rr
t,h i,c
Article 11 .
ARTICLE 5
DENTAL PLAN
The CITY shall provide a dental plan for employees and
dependents as set forth in the agreement between the CITY and
James H. Kaufman, D.D.S., Incorporated, dated November 111 1973,
known as the "AAA" Plan offered by the Derit_i_st >' c.:roup I�ftina ;.:--
ment Corporation, a copy of which i_,.. attached hereto anca
incoporated herein as F.xhib:it. "E."
ARTICLE G
SICK Ll AVI.
Upon termination, emp)loyt e„ r>}r,��,.il 1_, , palr,i t t i;hoi.r.
salary rate for twenty-five (25.1/701) 1?ercent of unused, earned
sick leave from 1180 through 720 hours, and for f :i_rty (t3o!. )
percent of all unused, earned sic.is;. leave i'ur hours ir-i exceti;;
of 720 hours.
ARTICLE 7
HOLIDAYS
A. Employees shall be compensated by the CITY in lieu
of holidays at the rate of .04375 of the employee's monthly
salary rate set forth in Article 2, payable each and every
pay period, for the following recognized legal holidays:
(1) New Year's Day (January 1)
(2) Lincoln's Birthday (February 12)
(3) Washington's Birthday (third Monday in February)
(4) Memorial Day (last Monday in May)
(5) Independence Day (July 4)
(6) Labor Day (first Monday in September)
(7) Columbus Day (second Monday in October)
(8) Veterans' Day (last Monday in October)
(9) Thanksgiving Day .(fourth Thursday in November)
(10) Friday after Thanksgiving
(11) Christmas Day (December 25)
B. In the event that a holiday, other than the holidays
set forth in Article 7, Section A, is officially declared by
the President of the United States, the Governor of the State
of California, or the CITY to be a national, state or city
holiday, employees shall be compensated by CITY at the equiva-
lent of.eight (8) hours at the monthly salary rate set forth
in Article 2.
C. Holidays which fall on Sunday shall be observed the
following Monday, and those falling on Saturday shall be
observed the preceding Friday.
D. Employees designated by the Fire Chief who are required
to work regular shifts on the above holidays set forth in Article
7, Section A, shall not be entitled to time off or overtime.
They shall, accrue time for holiday pay purposes based on the
number of days in the calendar year that general city offices
are closed in observance of legal holidays, Saturdays and
Sundays excluded.
E. Any employee who does not work shift work may take
time off in lieu of holiday pay as set forth in Article 7,
Section A.
ARTICLE 8
VACATIONS
A. 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 8.
B. VACATION ALLOWANCE. Permanent, full.time employees
shall accrue annual vacations with pay as follows:
(1) For the first five (5) years of continuous
service, vacation time shall be accrued at the rate of ninety-
six (96) hours per year.
(2) After five (5) years of continuous service to
the completion of ten (10) years of continuous service,
vacation time shall be accrued at the rate of 112 hours per
year.
9.
(3) After ten (10) years of continuous service to
the completion of fifteen (15) years of continuous service,
vacation time shall be accrued at the rate of 128 hours per
year.
(4) After fifteen (15) years of continuous service,
vacation time shall be accrued at the rate of 160 hours per
year.
C. VACATION: WHEN TAKEN. No vacation may be taken
until the completion of six (6) months of employment. No
employee shall be permitted to take a vacation in excess of
actual time .earned and vacation shall not be accrued in excess
of 320 hours. Vacations shall be taken only with permission
of the fire chief who shall schedule all vacations with due
consideration.for the request of the employee and particular
regard for the need of the department.
D. HOLIDAYS OCCURING DURING VACATION. In the event one
or more holidays as set forth in Article 7, Sections A and B,
falls within a vacation period of an employee, not receiving
holiday pay in accordance with Article 7, Section E, said day or
days shall not be charged against the vacation allowance as
defined in this Article 8, but the vacation may be extended
accordingly.
E. VACATION PAYCHECK. Each employee shall, at his
option, by written notice to the CITY Finance Director given
at least two (2) weeks prior to the commencement of said
10.
employee's scheduled vacation, be entitled to receive his
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 employee's anniversary year.
F. VACATION PAY UPON TERMINATION. No employee shall be
paid for unused vacation other than upon termination of
employment at which time said terminating employees shall
receive compensation at his current salary rate for all
unused, earned vacation to which he is entitled up to and
including the effective date of his termination.
ARTICLE 9
BEREAVEMENT LEAVE
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 per calendar year in each instance of death in
the immediate family. Immediate family is defined as father,
mother, sister, brother, spouse, children, grandfather,
grandmother, stepfather, stepmother, stepgrandfather, step -
grandmother, stepsisters, stepbrothers, mother-in-law, father-
in-law, brother-in-law, sister-in-law, stepchildren or wards
of which the employee is the legal guardian.
11.
ARTICLE 10
COURT SERVICE
Employees who are subpoenaed to attend court to serve as
witnesses, or 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 or witnesses, are remitted
to CITY.
ARTICLE 11
EDUCATION INCENTIVE PLAN
A. Employees shall be compensated by CITY for an educa-
tion incentive as follows:
Education HBFD
Incentive Completed Year of Monthly Continuing Education
Level Units Tenure Amount Maintenance Units
I Cert. ih Fire 1 $ 50 6
Science or 30
Units
II 60 Units 2 $ 70 3
III 90 Units (or 3 $ 90 3
AA Fire Science)
IV 120 Units 5 ^,110 3
V BA or BS Degree 6 $ 120 0
B. It is the purpose and intent of the Education Incentive
Plan to motivate the employee to participate in and continue
with his education so as to improve his knowledge and general
proficiency which will, in turn, result in additional benefits
to the fire department and to the CITY. When and as certain
levels of additional education are satisfactorily completed
12.
and attained, the employee will receive additional monetary
compensation in recognition of his educational achievement.
As used herein, "education" is defined as units in approved
college courses or approved special courses, seminars and
programs, or a combination thereof. In order to implement the
foregoing, the following stipulations shall apply:
(1) Participation in the plan shall be available to
all employees.
(2) An education committee shall be formed and
shall be composed of three members. Of said three members,
one shall be appointed by the ASSOCIATION, one appointed by
the fire chief and the personnel director or his designee.
(3) Certification to an education incentive level
and to the additional monthly compensation therefor shall
commence on the first day of the month after approval by the
fire chief and the education committee.
(4) Special courses, seminars and programs which
have been approved in advance by the education committee and
the fire chief shall be considered as educational units on the
basis of one unit for each eighteen (18) hours of instruction.
Fractional hours in one course, seminar or program shall be
cumulative and may be added to fractional hours resulting from
another course, seminar or program. Such courses, seminars
and programs shall be at CITY expense and the employee shall
attend either on -duty or off -duty at the discretion of the
13.
fire chief.
(5) An employee who has attained education incentive
levels I or II shall, so as to maintain himself therein, satis-
factorily complete either two college courses which have been
approved in advance by the education committee and fire chief,
or two special courses, seminars or programs, or any combina-
tion thereof, during every two fiscal years, except that one
who has attained education incentive level II with an AA
degree shall, so as to maintain himself therein, satisfacto-
rily complete either one approved college course or one special
course, seminar or program, or any combination thereof.
(6) An employee who has attained education incentive
level III may, so as to maintain himself therein, satisfacto-
rily complete either one college course which has been approved
in advance by the education committee and fire chief, or one
special course, seminar or program, or any combination thereof,
during each two fiscal years. Any employee who elects to not
fulfill the foregoing biannual requirement shall revert to and
thereafter receive the monthly amount set forth for education
incentive level II, but he shall thereafter be reinstated to
the monthly amount for education incentive level III upon
satisfactory completion of the biannual requirements therefor.
(7) An employee who has attained education incentive
level IV may, so as to maintain himself therein, satisfactorily
complete either one college course which has been approved in-
14.
advance by the education committee and fire chief, or one
special course, seminar or program, or any combination thereof,
during each two fiscal years. Any employee who elects to not
fulfill the foregoing biannual requirement shall revert to and
thereafter receive the monthly amount set forth for education
incentive level III, but he shall thereafter be reinstated to
the monthly amount for education incentive level IV upon
satisfactory completion of the biannual requirements therefor.
(8) "Satisfactory completion" of college courses, as
referred to in the preceding three paragraphs, shall be at-
taining a minimum grade of "C." The furnishing of all docu-
mentation, including transcripts, to the education committee
shall be the solo responsibility of the employee.
(9) Degree majors in public administration, fire
protection engineering or other closely related fields to be
approved in advance by the education committee and the fire
chief.
(10) Courses to be related to job or general educa-
tion requirements for degree objective as approved by educa-
tional institution for degree program.
(11) Ten of thirty units and twenty of sixty units
must be approved fire science or fire administration. However,
an approved degree program will fulfill any unit requirement.
(12) Special courses shall not constitute more than
one-third (1/3) of total unit credits.
15.
C. An employee who has participated in the education
incentive program in excess of five (5) years, and who has
conscientiously complied with all of the requirements of the
education incentive plan, shall not thereafter be reduced below
the highest level attained by said employee.
ARTICLE 12
RETIREMENT
A. The CITY shall provide a retirement program for employees
as established by the California Public Employees' Retirement
System, Section 21251.1 of the California Government Code in
effect as of July 1, 1975, including the one-half continuance
option for safety employees and the 1959 survivor option for
all employees as established by the California Public Employees'
Retirement System, Section 21382 of the California Government
Code in effect as of July 1, 1975.
B. In accordance with that certain agreement by and between
the CITY and the ASSOCIATION dated November 18, 1974, City,
Resolution No. 3983,.a copy of which is attached hereto and
incorporated herein as Exhibit "F," effective July 1, 1976 the
CITY shall provide all safety employees with that certain retire-
ment program commonly known and described as the 112% at age 50
plan",which is based on the retirement formula as set forth in
the California Public Employees' Retirement System, Sections
20952.5 and 21252.01 of the California Government Code in
16.
effect as of July 1, 1975.
This program shall not be for the use and/or benefit of
employees who retire or die prior to July 1, 1976.
C. The obligations of the CITY and the retirement rights
of employees as provided in this Article 12 shall survive the
term of this Agreement as set forth in Article 24.
ARTICLE 13
COMPENSATION FOR SUPERVISORS
Supervisors (supervising fire dispatcher, fire captains
and deputy fire marshals) shall be compensated by CITY at a
higher rate than any of their subordinates. Said supervisor's
rate shall be advanced to a step in his salary grade which will
provide him with a rate of one salary step higher than any
subordinate's pay (exclusive of overtime, or other special
compensation) regardless of the supervisor's length of service.
ARTICLE 14
WORK SHIFT
A. This Article 14. applies only to those employees
working a twenty-four (24) hour fifteen (15) minute shift
schedule. All other employees shall receive pay based on the
hours per week worked averaged over the cycle established for
each employee as set forth in Article 13.
B. The work shift shall be twenty-four (24)'hours and
fifteen (15) minutes in duration. The average work week shall
be forty-two (42) hours as averaged over a twenty-one (21) day
17.
period. If an employee works more than 126 hours in a twenty-
one (21) day period, he shall receive additional pay to the
nearest quarter hour for all additional hours worked.
C. If an employee cannot obtain five (5) hours sleep or a
reasonable opportunity to sleep from 2130 hours to 0730 each
shift, he shall receive six (6) hours and fifteen (15) minutes
additional pay for that work shift. If an employee works more
than three (3) and three -fourth (3/4) hours between 2130 hours
and 0730, he shall receive additional pay for that time in
excess of three (3) and three -fourth (3/4) hours to the nearest
quarter hour. If an employee works more than five (5) hours
between 2130 hours and 0730, he shall receive a total of six
(6) hours and fifteen (15) minutes additional pay for that
shift.
D. No employee shall receive additional pay,until he has
worked more than eighteen (18) hours in a work shift.
E. An employee shall be considered to be working if he is
called to duty by order initiated by the fire chief or his
designee.
F. Exchange of shifts shall occur at 0745 until 0800 hour
each day for the purpose of unmaking of beds, showers, clean-
up, changing of clothing to uniforms, roll call, daily briefings,
exchange of information between shifts, check-out of equipment
and apparatus, and any other activity that is required to
18.
properly relieve crews.
G. Meal periods are paid as hours worked.
H. This Article 14 may be revoked by either the CITY or
ASSOCIATION after March 1, 1976 upon thirty (30) days prior
written notice. If this Article 14 is revoked, the work schedule
shall return to the schedule in effect as of July 1, 1975, which
is seven (7) twenty-four (24) hour shifts in a twenty-one (21)
day cycle that averages to fifty-six (56) hours per week.
ARTICLE 15
EARLY RELIEF
An employee may be relieved by any other employee who is
qualified to relieve him, at any time between the hours of 0600
to 0800. It shall be the responsibility of the employee's
supervisor to insure that the relief of all employees is accom-
plished in a fair and equitable manner. If any employee abuses
this early relief Article 15, the employee's supervisor may
revoke the early relief. It is understood and agreed that the
early relief provided by the terms of this Article 15 shall not
result in any additional cost to CITY.
ARTICLE 16
CLASSIFIED RELIEF
Employees who are assigned as classified relief shall be
managed by the CITY as follows:
A. Assign relief positions equally among shifts to
relieve vacancies occurring due to absence for reasons such as
19.
vacations, sickness and injuries.
B. Three fire engineers and three firefighters working
relief shall receive a 5.5% pay differential for the period of
such relief assignment.
C. Any employee working in a higher classification shall
receive a 5.5% pay differential for those shifts worked, paid
in groups of five shifts. After accrual of said five (5) shifts,
the employee shall be paid the 5.5% pay differential for the
entire pay period following said accrual.
ARTICLE 17
MINIMUM MANNING
CITY shall man apparatus with sufficient manpower to
assure the safety of employees and the control of risk.
A. For the purpose of this Article 17, the minimum
manning of apparatus shall be As follows:
(1) Each engine company shall be manned with no less
than one (1) fire captain, one (1) fire engineer, and one (1)
firefighter.
(2) When two-piece companies are utilized by the
department, the second unit shall be fianned by at least one (1)
fire captain and one (1) fire engineer.
(a) Two-piece companies shall respond to structure
fires as one unit and not be considered as separate engines for
response purposes.
20.
(b) The second unit shall only respond by itself
on single engine alarms, i.e., trash fires, vehicle fires and
medical aids.
(3) Each truck company shall be manned with no less
than one (1) fire captain, one (1) fire engineer and two (2)
firefighters, one of which may be a fire apprentice.
One firefighter may be deleted from the truck company
when a paramedic unit is assigned to the truck company during
its normal shift and responds to alarms with that company
provided that in that event, no fire apprentice shall be
assigned to the truck.
(4) Paramedic units shall be manned with no less than
two (2) fire paramedics.
(5) Fire companies not considered to be in full
service and immediately available shall not be required to have
personnel assigned to them for the purpose of this Article 17.
(6) There shall be at least two (2) qualified fire
dispatchers on duty at all times.
(7) (a) The minimum manning as set.forth in this
Article 17, shall be specifically and exclusively from employees.
of the Huntington Beach Fire Department for all routine activ-
ities and normal shift duties.
(b) No employee shall be assigned to more than
one company at the same time for all routine activities and
normal shift duties.
21.
(c) Routine activities and normal shift duties
shall include those emergencies that would normally be handled
by the on -duty suppression force.
(8) Employees acting in a higher classification, when
properly qualified and compensated in accordance with Article
16, shall be considered equivalent to the required classifica-
tion.
B. For the purpose of this Article 17, all fire engines
shall be defined as apparatus with fire pump, fire hose, water
tanks, ground ladders and necessary firefighting equipment,
excluding specifically aerial ladder or platform capabilities.
C. For the purpose of this Article 17, all fire trucks
shall be defined as apparatus that have mounted on the chassis,
an aerial ladder or aerial platform.
D. For the purpose of this Article 17, a paramedic unit
is defined as a vehicle, other than a fire engine, fire truck
or salvage unit, that has as its sole purpose a capability of
providing emergency medical and/or rescue assistance.
E. For the purpose of this Article 17, a salvage unit
shall be any vehicle other than those delineated in Paragraphs A
through D of this Article 17, which carries equipment And
manpower for the purpose of salvage, overhaul, fire control,
medical supplies, emergency lighting equipment, or other.
accessory fire combat and damage prevention equipment.
F. Any fire department apparatus, vehicles, technological
22.
changes, and new innovations will be discussed with the ASSO-
CIATION prior to being placed in full service for immediate
response.
ARTICLE 18
ASSIGNED SHIFT POLICY
Employees of equal rank shall have the option to exchange
assigned shifts on a man -for -man basis upon written request to
and approval of the fire chief.
ARTICLE 19
PROMOTIONAL EXAMINATIONS
Promotional examinations shall be announced to all employees
no.less than thirty (30) days prior to the final filing date
for the promotional examination. The CITY may establish a
fixed annual date for promotional examinations provided,
however, that in the event any examination will be scheduled on
a date other than the fixed annual date for promotional exam-
inations, the CITY shall announce said promotional examination
no less than thirty (30) days prior to the final filing date
for said promotional examination.
A. All applicants shall meet all requirements for the pro-
motional -examinations as set forth in the Huntington Beach Fire
Department Organizational Manual as of the final filing date
for the promotional examination.
B. Promotional examinations shall be administered to only
qualified applicants who are members of the City of Huntington
23.
Beach Fire Department, as long as a minimum of two (2) such
applicants apply for each promotional examination.
C. Promotional examinations shall be weighted on the
basis of sixty (60) percent oral or practical, and forty (40)
percent written. Seventy (70) percent shall be considered
passing on the examination. In the event that there are less
than three (3) qualified candidates who pass the examinations,
the seventy (70) percent passing score may be waived by CITY
provided, however,.that the actual score of the individual
employee shall be used for scoring purposes.
D. Any challenge to any portion of the examination
process must be filed within ten (10) days of the date of said
examination. In the event any contract between CITY and a
testing agency should preclude review of the examination on
CITY premises, the CITY shall authorize such review of said
examination to determine the validity of such a challenge. A
protest board consisting of three (3) members shall hear the
employee protest and shall recommend acceptance or rejection of
the protest. The protest board shall consist of one member
appointed by the Fire chief, one member appointed by the
personnel director and one member appointed by the ASSOCIATION.
E. Each employee who participates in a promotional
examination shall receive his score and final standing in
writing from the CITY within ten (10) days after completion of
the promotional selection process period.
24.
ARTICLE 20
SAFETY CLOTHING AND UNIFORMS
The present uniform and clothing policies as delineated
in this Article 20, Section L, shall remain in effect until
the fire chief or his designee and the ASSOCIATION mutually
agree 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:
A. Be of the best fire resistive material available, and
meet all applicable state and federal regulations relating to
said clothing;
B. Be provided by CITY with the exception of the physical
fitness uniform;
C. Any uniforms with the exception of the physical
fitness uniform, that are destroyed or which become unacceptable
and which were damaged by circumstances involving the firefighters'
regular work while on duty, shall be replaced by CITY at no
cost to the employee.
D. CITY shall provide the following uniforms on a yearly
allocation basis:
(1) Five (5) sets of daily work uniforms consisting
of pants and shirts;
(2) One pair of safety shoes.
E. All new regular employees will be authorized to
25.
purchase a new dress uniform and hat as required by the fire
chief. The employee shall be reimbursed for dress uniform
costs by the CITY.
F. All accessory identification, adornments, badges,
patches, belt and other appurtenances thereto shall be provided
by CITY.
G. The employee shall be responsible for the preservation
and cleaning of all uniforms..
H. CITY shall provide each employee Fifty Dollars ($50)
per year (July 1, 1975 through June 30, 1976) for the purchase
of physical fitness uniforms and physical fitness shoes, payable
in the first payroll in December, 1975.
I. A uniform advisory committee composed of two members
appointed by the ASSOCIATION and two representatives appointed
by the fire chief shall make recommendations on the uniforms to
be worn, the method said uniforms will be provided and obtained
and further,recommendations on safety clothing and uniforms as
may be required during the term of this Memorandum of Agreement.
J. All employees assigned to staff positions shall be
provided two (2) complete sets of the type of uniform required
by the fire chief for such positions. Staff employees required
to wear said uniform shall also be provided with:
(1) Three extra shirts for a total of five;
(2) One pair of dress shoes; and
(3) One blazer.
26.
K. The present uniform policies for non -safety employees
shall remain in effect until the fire chief or his designee and
the ASSOCIATION mutually agree upon any type of change.
L. Each employee shall be paid by the CITY the sum of
One Hundred Dollars ($100) on the first pay period in December,
1975, as compensation for the uniform allowance for the period
January 1, 1975 through December 31, 1975. Additionally, until
the date of implementation of the new uniform system, all monies
paid to employees shall be on a pro-rata basis of One Hundred
Dollars ($100) per year for the .period commencing on January 1,
1976, payable on the first full pay period following the
implementation of the new uniform system.
M. All uniforms and equipment furnished by CITY shall
remain the property of CITY and be returned or replaced if the
employee terminates.
ARTICLE'21
QUARTERS
CITY shall continue to provide necessary kitchen, living
and sleeping quarters in the several fire stations.
ARTICLE 22
PRECEDENCE
In any case in which any provision of this Memorandum of
Agreement is inconsistent with any city ordinance, rule, regu-
lation, resolution, including provisions of any Fire Department
Manual, the provisions of this Agreement shall supersede and
27
0
take precedence.
ARTICLE 23
SEVERABILITY
If any section, subsection, sentence, clause, phrase or
portion of this Agreement 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 resolution
or its application to other persons. The City Council hereby
declares that it would have adopted this Agreement 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 24
TERM
This Memorandum of Agreement shall be in effect for a term
of one (1) year commencing on July 1, 1975 and ending at
midnight on June 30, 1976.
ARTICLE 25
CITY COUNCIL APPROVAL
It is the understanding of CITY and ASSOCIATION that this
Memorandum of Agreement is of no force or effect whatsoever
28.
9
unless and until adopted by resolution of the City Council of
the City of Huntington Beach.
DATED: �. P,
APPROVED AS TO FORM:
DON74P. BONFA, City Attorney
C. Y PA.j
Deputy City Attorney
APPROVED AS TO FORM:
PACE & PURCELL
By
Counsel for ASSOCIATION
CITY OF HUNTINGTON BEACH
City Administrator
By l ;
Personnel Director
HUNTINGTON BEACH FIREMEN'S
ASSOCIATION
By
Presid t
29.
r
r
In
CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION 1 N
HUNTINGTON BEACH
To Roy How, Purchasing Agent From Michael H. Miller
Deputy City Attorney
Subject Firemen's Association Date October 12, 1976
Agreement - Uniforms
According to the finalized agreement. between the city and the
Firemen's Association, a copy of which is attached hereto, the
objectionable language that you reviewed in a prior draft per-
taining to uniforms, is not present.. However, upon discussing
this with the Personnel Department, there appears to have been
a mix-up with regard to what constitutes the final Firemen's
agreement. Apparently, two different agreements have been signed,
one was thirty-seven pages and one was thirty-four. Until this
matter is clarified and we are informed as to what is the agree-
ment, I cannot proceed.
In view of strong public policy favoring open bidding and the
city's own legislative enactments, it is my strong recommendation
that any specification as to manufacturer, brand and model number
should not be a part of any Memorandum of .Underst.anding.
Please contact me if there
MICHAEL H. MILLER
Deputy City Attorney
MHM:bc
are any questions.
cc: Bud Belsito, City Administrator
Alicia Wentworth, City Clerk
Ed Thompson, Personnel Director
Ray Picard, Fire Chief
ORDINANCE NO. 20t$5
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING AN AMENDME14T TO THE CONTRACT BE-
TWEEN THE CITY OF HUNTINGTON BEACH AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM
The City Council of the City of Huntington Beach does
ordain as follows:
SECTION 1. That an amendment to the Contract between the
City Council of the City opf Huntington Beach and the Board of
Administration, California Public Employees' Retirement System
is hereby authorized, a copy of said amendment being attached
liereto, marked "Exhibit A," and by such reference made a part
as though. herein set out in full.
SECTION 2. The Mayor of the City of Huntington Beach is
hereby authorized, empowered and directed to execute said amend-
ment for and on behalf of said agency.
SECTION 3. This ordinance shall take effect thirty days
from its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach News, a newspaper
of general circulation, printed and published in Huntington Beach,
California.
PASSEb AND ADOPTED by the City Council of the City of
IiuntinCton Beach at a regular meeting thereof held on the28tn day
of June , 1076.
ATTEST:
P,II1P+1: ahb
a
Mayor
APPROVED AS TO FORM:
City Clerk City Atto ney m m
1.
APPROVED AS TO CONTENT:
Ac nag -City Administrator
APPROVED, INITIATING DEPARTMENT:
NO FISCAL IMPACT
FISCAL IMPACT -- BUDGETED t�
FISCAL IMPACT ---NOT BUDGETED
REQUIRES FINANCIAL IMPACT REPORT.
2.
Ord. No. 2085
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) so:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the 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 ordinance was read to said City Council at a regular
meeting thereof held on the 21st day of June
19 76 and was again read to said City Council at a regular adjourned
meeting thereof held on the 28th day of June , 1976 , and
was passed and adopted by the''affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Bartlett, Pattinson, Gibbs, Siebert, Wieder
NOES: Councilmen:
None
ABSENT: Councilmen:
Coen, Shenkman
91�41
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
The foregoing instrument is a correct copy
of the or' � al on file in this office.
19
M. ,
City Clerk a--J EY-o;Tc�o Cf'cr-!i of ih^ Ci y
Cou.� t�Ci` \„ �rt^,c,�toi� beach, Cal.
By.................. ...................... ..eputy
CERTIFICATION OF FINAL
ACTION OF GOVERNING BODY
DATE: Jung: 29, 1970
Board of Administration
Public Employees' Retirement System
P,O,'Box 1953
Sacramento, California 95809
I hereby certify:
That the c:iLa( council of the City or Huntinytor,
Leac},. Laliiorriia adopted on june ; gib, 197u , by an affirmative
vote of a majority of the members of 'said governing body,
uraiiiaricti- No, lUvJ approving the attached ALLwndra-- nt t:j contract
between the governing body of said'Agency and the Board of Administration of the
Public Employees' Retirement System, a certified copy of said `yty-ad ien t to contract
in the form furnished by said Board of Administration being attached hereto.
Clerk or Secretary
Name of Agency
PERS-ACT-5 (1/74)
City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92648
PERSONNEL DEPARTMENT
June 15, 1976
Honorable Mayor and Oj7ill�
City Council Members
Attn: Floyd G. Belsito
Acting City Administrator
Subject: 2% Age 50 for H.B. Firefighters
Ordinance No.aOgs has been prepared to effectuate the
change in the Retirement System contract between the Public
Employees' Retirement System and the City in order to
provide a 2% age 50 retirement benefit for the firefighters.
This is covered in Article XII of the current agreement between
the Huntington Beach Firemen's Association and the City which
states, in relevant part, "Effective July 1, 1976:, the City
shall provide all safety employees with that certain retirement
program commonly known and described as the 2% age 50 plan."
The effect'of this Ordinance will increase the City's retirement
contributions for safety employees from the present 10.37% to
a new rate of 14.826%. The 1976-77 budget impact will be
$185,000, and funds have been included in the 1976-77 budget.
You will recall that Resolution No. 4243 was passed by the City
Council on May 17, 1976 which was the Resolution of Intent to
modify the agreement.
Ordinance No.,Mfg should have first reading on Monday, June 21,
and the second reading for adoption on Monday, June 28, 1976 or
as soon after the first reading as possible in order to fulfill our
contractual agreement with the Firemen's Association.
RECOMMENDATION: That Ordinance No.,?08 S be given first reading
Monday, June 21, 1976, and the second reading for adoption as soon
thereafter as is possible.
Sincerely,
4- /
Edward H. Thompson
Dir. Personnel/Labor Relations
EHT:ks
RESOLUTION OF INTENTION 4243
RESOLUTION OF INTENTION TO APPROVE AN
AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF HUNTINGTON BEACH
WHEREAS, the Public Employees' Retirement Law permits the participation of public
agencies and their employees in the Public Employees' Retirement System
by the execution of a contract, and sets forth the procedure by which
said public agencies may elect to subject themselves and their employees
to amendments to said law; and
WHEREAS, one of the steps required in the procedure to amend .this contract is the
adoption by the legislative body of the public agency of a resolution
giving notice of its intention to approve an amendment to said contract,
which resolution shall contain a summary of the changes proposed in said
contract; and
WHEREAS, the purpose of the proposed amendment is to change the benefits, retire-
ment age, and contributions of local firemen from those provided under
and with respect to Section 21252.1 to those provided under and with re-
spect to Section 21252.01 of the Government Code; and
WHEREAS, attached is a summary of the major provisions of the plans as proposed
to be amended.
NOW, THEREFORE, BE IT RESOLVED, that the CITY COUNCIL of,the CITY OF HUNTINGTON
BEACH gives, and it does hereby give, notice of intention to approve an
amendment to contract between said CITY COUNCIL and .the Board of Admini-
stration of. the Public Employees' Retirement System, a copy of said
amendment and a summary of the major provisions of the proposed change
being attached hereto, marked Exhibits "A" and,"B" and by this reference
made a part hereof.
CITY COUNCIL
OF THE
CITY OF HUNTINGTON BEACH
BY
Name
City Clerk
Mayor
Title
APPROVED AS CORM
Date a&p ed and approved
DO P. BONFA
ity, Attorney
Ret. Form 122
Res. No. 4243
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council
at a regular meeting thereof held on the 17rh day
of May 1976 by the following vote:
AYES: Councilmen:
Bartlett, Coen, Gibbs, Siebert, Wieder
NOES: Councilmen:
None
ABSENT: Councilmen:
None
ABSTAIN: Councilmen:
Pattinson, Shenkman
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
May 12, 1976
City of Huntington Beach V
P.O. BOX 190 CALIFORNIA 92648
PERSONNEL DEPARTMENT
Honorable Mayor and
City Council Members
Att: Floyd G. Belsito
Acting City Administrator
Subject: Retirement - Firefighter's Association
Attached is Resolution No.y2�3, a resolution of intent to modify
the contract between the City of Huntington Beach and the Public
Employees' Retirement System.
This is to implement Article 12 of the current Memorandum of
Agreement between the City and the Huntington Beach Firemen's
Association (Resolution No. 4149). This states, in relevant
portion, "Effective July 1, 1976 the City shall provide all
safety employees (in the Fire Association only) with that
certain retirement program commonly known and described as the
2% at age 50 Plan." This is the retirement plan commonly known
as the California Highway Patrol Retirement Plan.
This is_not a new issue between the City and the Firemen's
Association as it is incorporated in the Memorandum of Agreement
approved by the City Council on October 23, 1975. This retire-
ment plan for firemen was originally approved by resolution of
the City Council on November 18, 1974 as part of a settlement
with the Firemen's Association over a contract dispute. Provis-
ion is made for the additional cost in the 1976-77 budget. ($160,000)
Recommend adoption by the City Council so that the enacting
ordinance may be received from the retirement system at the
earliest possible date so as to ensure implementation effective
July 1, 1976.
Sincerely,
a'-4 ai�i
Edward H. Thompson
Director Personnel/Labor Relations
EHT : j c
Enclosure /�
IFL
CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Alicia Wentworth From Michael H. Miller
City Clerk Deputy City Attorney
Subject Agreement - City of Huntington Date November 24, 1975
and Firemen's Association
The attached agreement and exhibits constitute the final agree-
ment between the City and the Firemen's Association. This
includes the twenty-nine page agreement and Exhibits A through
F. The exhibits were prepared and put together by the Fire
Association and reviewed by the City. Any other items not
referred to herein are not part of the Firemen's agreement. SSoeeg7:mrV
For purposes of assisting the Association employees, the -
has prepared a package including the agreement, the
exhibits noted above, and some additional materials, including
Appendices 1 and 2. These additional materials including
Appendices 1 and 2 are not part of the formal agreement.
The agreement should be filed in the appropriate place with the
attached exhibits.
MICHAEL H. MILLER
Deputy City Attorney
MHM : c s
Enclosures
cc: Ed Thompson
Ray Picard
Captain Robert Lemarsh
AMEN1XLTV-.T TO CO',' liACT B_EMYEEN THE
I;O.!1RD Or AD"IL,'11 I2ATI0:d '
P1, IC r''•'1-.L(Tf;:P5' 4T SYSTEL.
AND '.t:11S
CITY COUITCIL
OF TIM
CITY OF HUttTIY:GT4.l BEACH
/ - F2 6-a..,,
The Board of Administration, Public Employees' Retirement Syetem, hereinafter
referred to as Board and the CITY CO- IMCIL of the CITY OF IMITTIt?GTON BEACH, heroin -
after ref erred- to as Public Aij,,enuy heving entered into a contract urdcr date of
October 27, 1945, effective October 1, 1945, as amended e feeti.ve January 1, 19509
March 1, 1952, 2vovember 1, 1957, March 1, 1953, Ootooer 1, 11116110 Ja_ '�'-r 1, 1971,
Jurivary 12, 19714, April 139 1.9759 and February 21, 1976, and as provided ded by Chap-
ters 17U and 3tatutes of 19'tl, which provide for participation of Public
Agency in said Systems Board v3d Public Agency hereby agri?a as follows:
A. Parar )--a!Phz G(a) arid G(u) :shall be stricken fro;a said contract and the
following paragraphs substituted therefor:
a, The fraction of final compensation to be provided for each year of
eredi-Wd nxioi and ctur::nt zurrice as c 1oo-2 firkmcn a71.11 be
that provided in Section 21252.01 of the Retirement Law.
b. Section 20952.5 (providing for oge 500 as the ai.niiau= voluntary retire-
ment age for local nolieer:en an(i 1ifeCULrds on cce.u1 beaches with
ber_efit parAeute cotnncncing prior to a e 1.;7 subject to actuarial dis-
-our1).
H, .P aragrajj] . 7(b) shall 'cc stria}:en fro 4 said contract and the folloai.ng
paragraph substituted therefor:
7(b) With respect to local safety members, the public agaucy shall con-
tribu-te th3 f.olloaing percentages ci mozith.ly ealaries earned as
local safety nembers of said System:
(1) 14.826 percent on account of the liability for current service
benefits.
C, This amendment shall be attached to said contract and ill be effective
on the ; th uaf �c At�,tst 1 q7r
Witneae our harde thie 28th day ofja=___, 1976 .
BOARD OF A-rY7I17TSTRAT ION
PUBLIC I'°,.�LOYEES' RDT IRM: PUIT SY STEPT
�/J
B ` - i
Carl Jt; e_chi_ nge'rLxec .ive Officer
CITY COUTd'1L OF TiTE
CITY OF 11,07TNOT.CN BEACH I�/)
BY
Pros-i ling Oi'iicer -mayor
Attests
Approved as to form:
APPROVED A$ TO FOR
Clerk
r �/C
DON P. BONFA''EXHIBIT A"
,.. City Attorney Rot, Form 702-1
Exhibit B
SUMMARY OF MAJOR PROVISIONS
Local Firemen - - - 2% at 50
Retirement Program
MEMBERSHIP
Membership is compulsory for all employees, other than
elective officials, who are employed one-half time or more
except those excluded under the contract.
SERVICE RETIREMENT
The earliest retirement age is 50; the normal retirement
age is 50; and the compulsory retirement age is 60.
may retire any time after age 50 provided he has at least 5
years of service.
The monthly income is determined by age at retirement,
years of credited service, and "final compensation."
The unmodified life allowance will be 112% of final compen-
sation" for each year of safety service upon retirement at age
50 with increasing percentages to a maximum of 2.7% at retirement
at age 55. Service retirement benefit is subject to a limitation
of 75% of final compensation.
A minimum service retirement allowance of $100 per month is
guaranteed upon compulsory retirement with credit for prior
service.
DISABILITY RETIREMENT
An.employee becoming disabled to the extent.that he is
incapable of performing his duties shall be retired for disability.
His disability will be either employment connected (industrial
disability) or otherwise (nonindustrial disability).
An employee who becomes disabled while a member of this
system.for reasons arising out of his employment, will be
eligible for a life income of fifty (50) percent of his final
compensation. If his disability is such that he is also entitled
to a disability income from Social Security, the state system
benefit will be reduced by the amount of his Social Security
benefit.
An employee becoming disabled for reasons not connected
with his employment shall be eligible for disability retirement
provided he has at least 5 years of service; such disability
allowance is equal to 1.8% of final compensation for each year
of service, with a guarantee of 1/3 of such final compensation
for most employees who have rendered at least 10 years of
service. The "ordinary" -disability retirement allowance shall
under no circumstances exceed the service retirement allowance
which would become payable at age 60 if employment could be
continued to that age.
DEATH BENEFITS
Death Before Retirement
Basic Death Benefit. This benefit is a refund of the
member's accumulated contributions plus six
months' salary provided he has been a member for
six years or more. For those who die before
completing six years of membership, the benefit
is one months' salary for each year of membership
plus refund of contributions. The salary referred
to is that earned during the year preceding death.
Prior service does not count toward this benefit.
Industrial Death. If death.is service connected in the
judgment of the Industrial Accident Commission,
a monthly income is paid to the spouse for life
(or until remarriage) instead of the above basic
death benefit. However, if also eligible for
survivor benefits from Social Security because of
the member's death, the state system benefit will
be reduced by the amount of such Social Security
so long as Social Security benefits are payable
(usually until the youngest child reaches 18.s
The total, including Social Security, would be
50% of "final compensation." If death was caused
by external violence or physical force, the total
benefit (including Social Security) would be
increased to the following percentages of "final
compensation" so long as the spouse lives and does
not remarry:
Spouse with 3 or more children under 18 75%
Spouse with 2 children under 18 70%
Spouse with 1 child under 18 62 112%
1957 Survivor. Benefit. Employees with 5 or more years
of service who have reached the minimum age for
service retirement have further death protection
under this item. Here the surviving spouse can
elect to receive either the basic death benefit or
a -monthly income equal to one-half the unmodified
retirement allowance the employee was eligible
for on the date of his death. The monthly income
lasts until the spouse's death or remarriage with
a guarantee that the system will pay as much as
under the basic death benefit.
1959 Survivor Benefit. A monthly allowance shall be
paid to certain survivors of a member who dies
before retirement.
Death After Retirement
The death benefit is $500. This is in addition to any
payments which might be made under an optional
retirement benefit chosen by the member at retire-
ment.
One-half continuance provides upon the death of a local
fireman who has retired for service, or disability,
for the continuation of one-half the retirement
allowance to certain survivors.
TERMINATION OF EMPLOYMENT
Upon termination.of employment, an employee with at least 5
years of service may either leave his contributions with the
system and receive, upon attaining retirement age, the retirement
benefit he has earned, or'he may withdraw his contributions (plus
interest),,thus terminating his membership in the system and
receiving no retirement benefits. Except, (1) a member with less
than 5 years of service shall not have the privilege of leaving
his contributions with the system, but shall automatically have
his contributions, plus interest, refunded upon termination of
employment, and (2) a.member who is transferring to employment
with another agency which is covered under the system shall not
have the right of withdrawing his accumulated contributions.
EMPLOYEE CONTRIBUTIONS
Each member makes monthly contributions to the system which
are deducted from his salary. The rate of contribution (percentage
of pay) is 9% of salary earned, exclusive of overtime, on the date
this formula becomes effective..
The employer also contributes toward the cost of the benefits.
The amount contributed by the employer for current service retire-
ment benefits will, on the average, exceed the cost to the employee.
In addition, the employer bears the entire cost of prior service
benefits.
All employer contribution rates are subject to revision by
the Board of Administration.
CERTIFICATION OF GOVERNING BODY'S ACTION
I hereby certify that the foregoing is a true and correct copy
of a Resolution adopted by the CITY COUNCIL
Governing Body
of the CITY OF HUNTINGTON IUCH
Name of Public Agency
on appearing at Page
Date
Volume of the (Minutes) (Official Records)-of.the
CITY COUNCIL
(Governing Body
CITY CLERK er
PERS-ACT-12 (11/71)
Huntington
Beach
Firefighters
Association
1972
- 1975
600070
RFC�IVC0
Cif �c
PACE E �,-� p CU RCS E L L »�NTr �� r�� � � �Rn
ATTORNEYS AT LAW C'L/F
RlI 9 a 6
May 9, 1975 File: 1224
David D. Rowlands
City Administrator
City of Huntington Beach
Post Office Box 190
Huntington Beach, California 92648,
Re: Memorandum of Agreement by and between
the City of Huntington Beach, California
and the Huntington Beach Firemen's Association
Dear Mr. Rowlands:
As you advised the Huntington Beach Firemen's Association,
(HBFA), today at the abrupt conclusion of its collective
bargaining negotiations with the City of Huntington Beach,
(City), the policy of the City was to maintain the "best"
Fire Department. Edward H. Thompson, Personnel Director,
stated in negotiations that the City would reject fire-
man salaries in parity with the salaries of the "best"
fire departments (even in Orange County) but that the
City would only consider "average" salaries for what is
regarded as one of the finest Fire Departments in the
nation for the many reasons enumerated by the HBFA at the
negotiations.
Unless the divergence in City policy may be resolved between
us, the HBFA requests that it be granted a hearing by its
Counsel, Dean Francis Pace, Pace & Purcell, before the
Huntington Beach City Council on Monday, May 19, 1975, in
order that the City Council may confirm the policy whether
the City desires the "best" or an "average" Fire Department,
unless of course, the City takes the adamant position on
record that it will only pay "average" salaries for the
"best" Fire Department.
1800 CENTURY PARK EAST • CENTURY CITY . LOS ANGELES, CALIFORNIA 90067 • TELEPHONE (21,4) 277-2000
David D. Rowlands
May 9, 1975
Page Two
Best personal regards,
PACE & PURCELL
y.
By
eA °n�0 Aanci ace
DFP:ls
cc: City Clerk
City of Huntington Beach
Captain Robert J. LaMarsh
Huntington Beach Firemen's Association
PA l &- P'l.J )QC,)*,.Ji 3'.
ATT0RNfY!+ n'r 1.AW
ZAE
PACE & PURCCELL
ATTORNEYS AT LAW
June 24, 1975
Honorable Mayor
and City Council
City of Huntington Beach
Post Office Box 190
Huntington Beach, California 92648
Attention: Ms. Alicia Wentworth
City Clerk
Dear Ms. Wentworth:
f W
If
N tl(l�kl
File: k` 45"N 23 PO 4 15
Pace & Purcell on behalf of the Huntington Beach Firemen's
,. sociation requests to be heard by the Huntington Beach
City Council as`11) ,as possible after 7:00 p.m. on Monday,
June 30, 1975, concern D-9 collective bargaining by and
between the City and the Assc-iation with regards to the
extension of the Memorandum of June 27,
1972, which Memorandum of Agreement shall e'rplire on
June 30, 1975. \
Best personal regards,
PACE & PURCELL
By `
DFP:ls
cc: David D. Rowlands
Edward H. Thompson
1800 CENTURY PARK EAST • CENTURY CITY • LOS ANGELES, CALIFORNIA 90067 • TELEPHONE (213) 277-2900
PACE & P U RC ELL
ATTORNEYS AT LAW
July 3, 1975
Honorable Mayor
and City Council
City of Huntington Beach
Post Office Box 190
Huntington Beach, California 92648
Attention: Ms. Alicia Wentworth
City Clerk
Dear Ms. Wentworth:
a Q)
y�H/`k•� r fH�ti �' F�k `
f 9�' Jul p�
1
File: 1224
Pace & Purcell on behalf of the Huntington Beach Firemen's
Association requests to be heard by the Huntington Beach
City Council as soon as possible after 7:00 p.m. on Monday,
July 7, 1975, concerning collective bargaining by and
between the City and the Association with regards to the
extension of the Memorandum of Agreement dated June 27,
1972, which Memorandum of Agreement has expired on June
30, 1975.
Best personal regards,
PAC
By
DFP:ls
cc: David D. Rowlands
Edward H. Thompson
1800 CENTURY PARK EAST • CENTURY CITY • LOS ANGELES, CALIFORNIA 90067 • TELEPHONE (213) 277-2900
r JT
RECEIVED
` . CP J CLERK
HUNTINGTON SEACHXAL.IF:`
&-a 1TS JUL 3 Pit 5 0P4CE AWV AAACtUl FOR
5
fa-QA� --I'VO M 4�v,s A-,e sZICJAP ew
SA) . e pt kvroa+�-�2 � w C(Tt 04'-ixt m evv s Assoc .
-�,. b�w,r .�w�.�, `�4-,a-c.�-1 �t•�,�.,�1 � A-Ssa u4-i1' ,0 W •
F:�4L 4A",.
CITY OF HUNTINGTON BEACH
PERSONNEL DEPARTMENT
FIREMEN ASSOCIATION NEGOTIATIONS - 1972
MINUTES
June 31, 1972 2:00 P.M.
Administrative Annex
Present: Fire Association: LaMarsh, Lee, Huntley, Ott and Jerry Colton
City: Thompson, Lewis, Chief Picard and Mr. Rowlands
At the outset of the meeting, Mr. Colton commented that the FA might be recep-
tive to a two or three year agreement. The City responded that possibly a
three year agreement with salary increases of 5% per year, as indicated on
City's proposed offer, would be mutually beneficial. Mr. Rowlands further
commented that if movement in surrounding areas exceeds 5%. the City would be
open to making some adjustments in benefit areas to keep City in competitive
position.
Fire Association pointed out that their original proposal provided for a general
increase as well as recognition of pay disparities for the rank of Fire Engineer
and Fire Protection Specialist. City took approach that general proposal did not
provide for differentials, however, the differentials could be paid to those
ranks where disparities appeared evident and generally lower, across the board
raise for other Fire ranks would be available. Another alternative was the
possibility of Fire Captain at 5%, Fire Engineer at 6% and Firemen at 4%. FA
maintained that there should be a logical and progressive incentive system from
the rank of Firemen through Engineer and Captain. They proposed 4 ranges between
Firemen and Engineer, and 5 ranges between Engineer and Captain. City agreed it
wishes to maintain proper position. Chief Picard stated that question about
Fire Engineer ranges probably arose from 1969 survey which agreed to with FA
provided that range would be related to closest dollar survey. Since survey did
not meet what the dollar minimum range was one lower than now proposed by Fire
Association. City questioned whether all Firemen were qualified to act as
Engineers in emergencies. FA and Fire Chief stated that a certification system
for Firemen existed and those so certified could be utilized in this position.
FA commented that meetings with Association members had disclosed some unhappiness
about City's offer. Main contention was that, with cost of living at 3.93%, a 5%
raise only allows a 1.07% increase in real pay to members. City commented that
50% of the men were still going through the steps and thus would receive 10'% over
the next year. FA also requested whether the City had projected figure on
-1-
insurance program t, ig proposed. City said no but 1tua1 study programs would
take approximately three or four months before final decision could be made. City
also commented that 5% would be a safeguard for employees against a decrease
in cost of living rather than tying a sound proposal to a variable cost of riving
schedule. FA also wanted to know why pay checks could not provide more detail
for deductions. City agreed that such programs could be worked out and pay checks
could be delivered by 0800 hrs. on pay days.
FA asked whether the 5% salary adjustment, as proposed by City, would come after
salary adjustment for Engineer. City responded that adjustment for Specialists
and Engineers was included in the 5% package. Also, the City noted that the
Fire Engineer was not totally out of line and therefore salary and fringe benefits
were to be totally evaluated in any agreement. Employees often forget costs of
fringe benefits when considering total compensation programs.
FA then requested to know whether 5% figure was 5% of salary base or 5% of
salary and benefit base as noted by the City. FA commented that their salary
proposal could be implemented if the 5%,stipulated by the City, included salary
and benefits in the base. City responded that cost figures had utilized 5% of
the salary base in computing cost impact of Management proposal. FA commented
that the uncertainty of the 5% plus the lack of knowledge concerning a possible
three year program were both new concepts to be considered by the FA. The FA
also commented that concerning the acting pay element of their proposal, a
policy statement by the Fire Chief would answer this proposal and therefore
allow promotion of six Fire Engineers as had been previously contemplated by the
City. The FA and the City agreed that the acting pay proposal had been mutually
agreed to and a policy statement by the Fire Chief would be forthcoming.
The FA again requested clarification of the 5% figure utilized in City's proposal.
They agreed to await a decision and further information from the Personnel
Director to be delivered within the next 48 hour period. FA wants to have a
membership meeting and wants to have a fully understood proposal before its
membership.
Meeting adjourned. Next meeting on call status by Personnel Director and FA.
SUBMITTED BY:
D no ald J. Lewis
Assistant,'ersonnel Director
., CITY OF HUNTINGTON BEACH <
PERSONNEL DEPARTMENT
FTRE ASSOCIATION NEGOTIATIONS 1972
MINUTES
May 18, 1972
Administrative Annex
3:00 P. M.
Present: Fire: LaMarsh, Lee, Jerry Colton, Attorney.
City: Chief Picard, Ed Thompson, Ben Arguello, Bud Belsito, Don Lewis,
Mr. Rowlands, City Administrator.
The following are the Minutes of the second meeting in the 1972 negotiations.
1. CHP Retirement Program. The City stated they opposed this program unless the
State legislature provided funds for its implementation. The FA asked whether
this answer also covered the second phase, namely the � Widow's Continuance.
The Administrator replied that it did and that the City was opposed to State
mandated programs unless properly funded. It was agreed, however, that the
actuarial survey,already requested by the City, would be conducted when PERS
personnel were able to complete it. The City agreed with the FA to discuss
these programs after the PERS actuarial survey.
Fire Association's proposals 2 and 3 involve City payment of medical and
disability insurance. The City proposed a joint study involving a total overhaul
of sick leave, medical insurance and disability insurance programs for all em-
ployees. This study would take approximately three to four months and would
involve cost, administration, implementation of any new sick leave insurance
benefits agreed to. The FA asked for a target date for completion of any study
of this nature. City agreed and would stipulate November 1, 1972, for preliminary
report of this joint committee. The FA questioned the incentive aspect of the
City proposed study. City replied that this as well as cost would have to be
studied before any final decision could be determined. FA agreed to take this
study proposal under consideration.
4. Salary adjustment. Original Fire proposal involved 5% salary adjustment with a
differential of 2.75% for Fire Engineer and Fire Protection Specialist. City
proposed 4 to 5% salary adjustment for all personnel. A discussion ensued over
the differential for Engineer and Protection Specialist. Fire Chief indicated
that disparity was created in 1969 MFB study which set the present Fire Engineer
rate. The Fire Protection Specialist position (3) will be phased out over the
next three years. After considerable discussion, City agreed to consider Fire
-1-
n
r
Fire Association Negotia' ns continued. =-
Engineer differential up to .75% as proposed by FA.
5. Educational Incentive Plan. FA proposed an end to the continuation requirement
after the AA degree in Fire Science. City proposed that for dropping continuation
requirement, a top of $70 per month could be allowed to those Firemen not wishing
to pursue higher education requirements further. Fire Chief then gave broad
outline of educational and experience requirements for the Fire service of the
future. Proposed a program which would allow continuation of education as well as
maintenance,after the AA degree could be acceptable. FA, after much discussion,
agreed to consider this proposal with its membership.
6. Pay Checks. Delivery of pay checks was considered no problem barring unforeseen
circumstances, however, Finance Director pointed out increased program costs
necessitated by detailed breakdown of payroll.
7. Uniform Replacement and Maintenance. FA agreed to consider proposal by City for
Department administration of uniform allowance and replacement program.
8. Longevity Pay. FA pursued longevity pay proposal with City. City took position
that Fire education program was preferable to longevity program provided additional
incentive and guaranteed a highly educated work force. FA pointed out that many
Fire officers were very senior men too late for the present educational plan and
should be compensated for their increased knowledge and experience. City Adminis-
tration maintained its position and FA hoped the City would not close the door
on longevity.
9. Proposal of Cumulative Sick Leave Time - Payment on Retirement. The City indicated
that this proposal would be combined with the medical insurance proposal for joint
study by the employees and management insurance committee. The FA pointed out
that present incentive options of the sick leave accrual and payoff program worked
quite effectively. The City stated that sick leave should be utilized for
emergency, health reasons and not as additional vacation. Both sides agreed to
consider the joint medical,sick leave program study as proposed by the City early
in the meeting.
10. Acting Pay. This proposal would spread acting pay among Fire officers who
worked in more responsible classifications for minimum of two week shift. Fire
Chief pointed out that the present time was opportune to make this switch.
-2-
_.• Fire Association Negot -ions continued.
Currently six Engineers are permanent relief staff. With the addition of
Magnolia Station, the six Engineers could be transferred to duty there, no
additional Engineers would be hired or promoted and the prior budgets for relief
personnel would be used as acting pay funds. The City would agree to consider this
plan and assume the FA recognize there would be six fewer Fire Engineer promotions
for the coming year.
The City was interested in formulating a Memorandum of Understanding for the next
meeting. The FA indicated that they thought there were still significant areas to
be worked out and that such a Memorandum would be premature.
Next meeting set for Wednesday, May 31, 1972, Administrative Annex, 3:00 P.M.
Meeting adjourned.
SUBMITTED BY:
one ald J. Lewis
Assistant Personnel Director
-3-
CITY OF. HUNTINGTON BEACH
PERSONNEL DEPARTMENT
NEGOTIATIONS - 1972
MINUTES
Firemen Association - March 23, 1972
Administrative Annex
2:00 P.M.
Those in attendance were:
Fire Association: Jerry Colton, Attorney; Bob Lar Marsh; Mel Ott;
Tom Huntley.
City: David Rowlands, Ed Thompson, Don Lewis, Chief Ray Picard.
This is a brief summary outline of the Fire Association's proposals for
1972-73 Fiscal Year.
The Fire Association passed out their full proposals for 1972-73 FY in a
letter dated March 23, 1972, copies to all present.
Proposal 1. Retirement Plan. This proposal requests the addition of the
Widow s's Continuation benefit to our present safety retirement. It also requests
the 2%, age 50 retirement formula be adopted for safety personnel. At present
Long Beach, Anaheim, Pasadena, Burbank, San Bernardino and Torrance have a
2%, age 50 formula. Downey and Glendale have a � Widow's Continuance formula
in their safety program. City: PERS has delayed all actuarial studies until
March, 1.972. This study is a prerequisite to full discussion of this program
since it would outline the total cost. Mr. Rowlands wants the retirement
requests translated into dollar costs prior to the next meeting. The program,
as proposed by the Fire Association, is a permanent retirement formula except
for a built in cost of living factor.
Proposal 2. Medical Insurance. Approximately 30 Fire Association members
and 137 total City employees receive dependent coverage benefits. The Fire
Association proposes the City assume total cost of the insurance package for
employees and dependents. Presently dependent coverage costs $46.22 per
month. Effective April 5, 1972, new premiums will be in excess of $51.00
per month. A dental plan was requested by the Fire Association. The City
Administration and the Fire Association both suggested the Insurance Committee
look into possible methods of financing citywide dental plans. Again, this
program will be totally costed out prior to the next meeting of the two
parties.
Proposal 3. Disability. Insurance. At present some 360 to 390 employees are
enrolled in disability insurance plans. Present costs of the plans equal
approximately .66c per $1,000 of salary. Fire proposal. would have City assume
payment of this plan.
Proposal 4 and 5. Salary Adjustment and Salary Differential Between Classes
of Positions. In this proposal, the Fire Association requested across the
board 5% increase for all classes with an additional range increase for the
Fire Engineer and Fire Protection Specialist class. Rationale was to increase
the spread between Firemen and Engineer and thereby stimulate incentive for
promotion. _Original survey conducted three years ago was responsible for
present internal alignments. Fire Association wishes to make adjustment at
this time.
1�
Proposal 6. Education Incentive Plan. Association proposes to eliminate
continuing education requirement past Fire Science AA degree. Administration
believes that incentive toward Bachelors degree is a good motivational tool..
Association believes that the Fire AA degree is the primary need of the on duty
Fireman in its present position. Education above and beyond the BA or BS level
is desirable but not as important.
Proposal ? Pay Checks.. The problem arising here is the difficulty of off
going fire shifts to receive pay checks prior to departing the city.
Administration sees this as primarily an administration problem and will attempt
to handle accordingly.
The identification of deductions on pay checks was also brough to issue. Again
City Administration feels this can be handled administratively.
Proposal 8. Uniform Replacement and Maintenance Allowance. Fire Association
wishes to raise the present $100 annual inform allowance to $200 to maintain
proper uniform standards. The City Administration believes that a program
centrally administered by the Fire Chief would, in the long run, meet the
needs of the City and the Fire personnel. Again, this problem will. have to be
costed out and more discussion as to administration of this program.
Proposal 9. Additional Holiday ay. This item has been administratively
handled and the Fire Association withdraws it from negotiations.
Proposal_10. _Lon&evity ay. The Fire Association requests additional compen-
sation for those who are too late for Education Benefits Program and have many
years of service. The Administration does not believe that total years service
should.be the only criteria. The Association has included two additional pre-
requisites for entitlement to the longevity plan.
Proposal_10-b. Accumulative Sick Leave Time - Payment on Retirement. This
proposal will require a cost estimate prior to more thorough discussion of
this program. The Fire Association pointed out that the word termination was
not meant to include discharge. The Administration will make notes that word
"good standing" be included in.the Personnel Rules and Regulations concerning
termination and entitlement to benefits.
Proposal 10-c. Acting Pay.
This proposal and Proposal 10-d. Overtime. are inter -related. The AssociaEi.on
believes that a one step increase for those men occupying the position of
Captain on a temporary basis is warranted. The Association would prefer straight
overtime on a class for class basis rather than Acting Pay. It appears quite
common that an acting Captain is in that position for seven full shifts, therefor(
the Association .requests compensation for that amount of time on a one step
basis. The Fire Chief pointed out that the present situation is not normal but
a result of a position freeze last year plus a limited and frozen overtime
account this year. Both parties agreed that scheduling overtime on a voluntary
basis is preferable to involuntary call backs.
In summation, the City Administrator advised that it would take some time to
put together the financial data involving the Proposal. Ile -suggested a meeting
some time late in April to allow a better and more realistic look at the
Proposal and the total City financial picture..
-2-
The Association requested that financial data be forwarded to them prior to
the next meeting so that all parties concerned would have time to evaluate the
impact of their proposals. City Administration agreed and thereby set the
next meeting on an on -call basis in the latter part of April.
Meeting adjourned 1610 hours, March 23, 1972.
Minutes recorded and submitted by Donald J. Lewis, Assistant Personnel
Director.
SUBMITTED BY:
Donald J. Lewis, Assistant Personnel Director
-3-
W
.4
RESOLUTION NO. 3983
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH APPROVING AND AUTHORIZING
EXECUTION OF A SETTLEMENT AGREEMENT_WITH THE
FIREMEN'S ASSOCIATION
WHEREAS, a dispute has existed between the Firemen's Associa-
tion and the City with regard to a provision of the Memorandum of
Agreement between subject entities; and
The dispute was submitted to a hearing officer through the
city's grievance procedure; and
The proposed grievance is still subject to the litigation'
process and the parties desire to resolve same without further.
litigation; and
The parties have in good faith negotiated a'settlement of
the dispute,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that it does approve the settlement of
the dispute as per the settlement agreement forwarded herewith,
and authorizes execution of the agreement.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 18th
day of November, 1974.
TE J/10
Mayor
City Clerk
APPROVED AS TO FORM:
C i t Attorney 7n 07
MHM:k
11/14/74
1.
APPROVED AS TO CONTENT:
'A 2,- , � V- -- C(",..�
City Administrator
Re,, No. 3983
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council
at a regular meeting thereof held on the . 18th day
of November 19 74 , by the following vote:
AYES: Councilmen:
Shipley, Bartlett, Gibbs, Matney, Coen
NOES: Councilmen':
None
ABSENT: Councilmen:
Wieder, Duke
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
AGREEMENT
THIS AGREEMENT is by and between the HUNTINGTON
BEACH FIREMEN'S ASSOCIATION, INC., hereinafter called "ASSO-
CIATION,rr and the CITY OF HUNTINGTON BEACH, a municipal
corporation, hereinafter called "CITY."
WHEREAS, the parties hereto entered into a Memo-
randum of Agreement on the 27th day of June, 1972, which
agreement terminates on June 30, 1975; and,
WHEREAS., said Memorandum of Agreement was executed
pursuant to Government Code §3500 et seq. and Resolution No.
3335 of the City of Huntington Beach; and,
WHEREAS, Article X of said Memorandum of Agreement,
dealing with fringe benefits, became the subject of a dispute
over the interpretation of the terms thereof; and,
WHEREAS, this dispute, pursuant to the personnel
rules, was heard by and submitted to a Hearing -Officer; and,
WHEREAS, a proposed decision by the Hearing Officer,
dated June 18, 1974, pursuant to the personnel rules of the
City of Huntington Beach has been forwarded to. the Personnel
Board.of the City for consideration; and,
WHEREAS, the aforesaid pr.opose.d decision determined
that the fringe benefits payable under Article X should be
implemented by 4.47% commencing July 1, 1974, but that no
fringe benefits are to be implemented after.June 30, 1975, as a
result of salary surveys taken in February, 1975; and,
WHEREAS,* the parties desire to settle this matter so
as to avoid any further disputes, grievances and litigation
pertaining to same; and,.
WHEREAS, the parties hereto have negotiated in good
faith to effectuate a settlement;
1.
MHM-: k
11/7/74
NOW, THEREFORE, the CITY and the ASSOCIATION do hereby
agree as follows
1. In accord with the intent of Article X of
a
the Memorandum of Agreement to provide fringe benefits to the
members of ASSOCIATION, the CITY does hereby agree.to provide
all safety employees in the Fire Department with that certain
retirement program which is commonly known and described as
the '2% at Age 50" and which is based on the retirement
formula asset forth in the Public Employees Retirement Law in
the Government Code,, and that said retirement program shall be
so provided by the CITY so as to be in full force and effect
commencing July 1, 1976, and CITY further agrees to take any
and all appropriate and necessary steps so as. to implement
said program as -of said date.
2. In consideration of the foregoing, upon
signing of this -agreement by the parties hereto, ASSOCIATION
dismisses the grievance which is now pending before the
Personnel Board.'of the City of Huntington Beach pertaining to
the interpretation of Article X, and hereby stipulates -and
agrees , that by execution of this agreement, Article X of the
aforesaid Memorandum of Agreement has been in fact fully
implemented by the CITY to and including June 30, 1974, and
that from and after July 1, 1974, no further obligations are
due thereunder, except as set forth in paragraph 1 above.
3. Except as herein provided, the aforesaid
Memorandum of Agreement, dated June 27, 1972, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to. be executed this 18th day of November ,
2.
e,
19743 by their officers thereunto duly authorized.
TE
City Clerk -
APPROVED AS TO FORM:
THE HUNTINGTON BEACH FIREMEN'S
ASSOCIATION
By
CITY OF UNTINGTON BEAC
a pal corpo atio
' -Mayor
APPROVED AS TO CONTENT:
Ci y Attorrfe City Administrator
3.
a
RESOLUTION N0. 3516
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING
A MEMORANDUM OF AGREEMENT WITH THE HUNTINGTON
BEACH FIREMEN'S ASSOCIATION, INC.
The City Council of the City of Huntington Beach resolves
as follows:
The Memorandum of Agreement between the City of Huntington
Beach and the Huntington Beach Firemen's Association, Inc.,
dated June 27 , 1972, a copy of which, with
its attached exhibits, is marked Exhibit "A" and attached hereto
and made a part hereof, is hereby approved and ratified and
ordered implemented in accordance with the terms and conditions
thereof.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at an adjourned regular meeting thereof held
on the 28th day of June, 1972.
ATTEST:
PAUL C. JONES, City Clerk
ssistant Clty Clerk
May6r
APPROVED AS TO FORM:
DON P. BONFA, City Attorney
By
TAL=S/MEVIS, D puty
Res. No.3516
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, PAUL C. JONES, the duly elected, qualified and
acting 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
more than a majority of all the members of said City Council
at a regular adjourned meeting thereof held on the
day of , 19.
AYES: Councilmen:
, by the following vote:
Bartlett, Matney, Duke, Coen
NOES: Councilmen:
None
ABSENT: Councilmen:
Shipley. Gibbs, Green
Paul C. Jones
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
By
ssis ant City Cltrk
MEMORANDUM OF AGREEMENT
Between
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
Hereinafter called CITY
and
THE HUNTINGTON BEACH FIREMEN'S ASSOCIATION, INC.
Hereinafter called ASSOCIATION
PREAMBLE
WHEREAS, pursuant to California Government Code Section
3500 et seq and Resolution No. 3335, the CITY, acting by and through
its City Administrator, duly appointed by the Governing Body of said
CITY for the purpose of meeting and conferring in good faith with
the representatives of the ASSOCIATION, a duly recognized employee
association, concerning wages, hours, and other terms and condi-
tions of employment for the fiscal years 1972-1975; and
WHEREAS the representatives of the CITY and the ASSOCIA-
TION have met and conferred in good faith and have fully communi-
cated and exchanged information concerning wages, hours and other
terms and coditions of employment; and
WHEREAS, except as otherwise expressly provided herein,
all terms and conditions of this agreement shall apply to all
employees represented by the ASSOCIATION; and
WHEREAS, the representatives of the CITY and the ASSO-
CIATION desire to reduce .their agreements to writing,
NOW, THEREFORE, this Memorandum of Agreement is made,
to become effective July 1, 1972, and it is agreed as follows:
1.
ARTICLE I
Commencing July 1, 1972, the following classification
title, salary ranges and actual salary rates shall become effective:
CLASSIFICATION TITLE SALARY RANGES
Fireman 347
Fire Engineer 351
Fire Protection Specialist 353
Fire Captain 356
Deputy Fire Marshal 358
ACTUAL MONTHLY SALARY RATES
Salary
Range
347
351
353
356
358
Education
Incentive
Level
Effective
7-1-72
833-1036
915-1139
966-1203
1065-1326
1126-1402
Effective
1-1-73
928-1155
979-1220
ARTICLE II
Effective
7-1-73
875-1088
974-1213
1028-1281
1118-1392
1181-1472
EDUCATION INCENTIVE PLAN
July 1, 1972
HBFD
Completed Years of
Units Tenure
Effective
7-1-74
919-1142
1023-1274
1079-1345
1174-1462
1240-1546
Monthly
Amount
I
Cert. in Fire
1
$ 50
Science or 30
Units
II
60
2
70
III
90 (or AA
3
90
Fire Science)
IV
120
5
110
V
BA or BS
6
120
2.
It is the purpose and intent of the Educational Incentive
Plan to motivate the employee to participate in and continue with
his education so as to improve his knowledge and general proficiency
which will, in turn, result in additional benefits to the Depart-
ment and to the City. When and as certain levels of additional
education are satisfactorily completed and attained, the employee
will receive additional monetary compensation in recognition of
his educational achievement. As used herein, "education" is defined
as units in approved college courses or approved special courses,
seminars and programs, or a combination thereof. In order to imple-
ment the foregoing, the following stipulations shall apply:
1.
2.
911
4.
Participation in the Plan shall be available to all classi-
fications who are represented by the ASSOCIATION.
An Education Committee shall be formed and shall be composed
of three members. Of said three members, one shall be appointed
by the ASSOCIATION, one appointed by the Department Head, and
the Personnel Director or his designee.
Certification to an Educational Incentive Level and to the
additional monthly compensation therefor shall commence on
the first day of the month after approval by the Department
Head and Education Committee.
Special courses, seminars and programs, which have been approved
in advance by the Education Committee and Department Head, shall
be considered as educational units on the basis of one unit for
each 18 hours of instruction. Fractional hours in one course,
seminar or program shall be cumulative and may be added to frac-
tional hours resulting from another course, seminar or program.
Such courses, seminars and programs shall be at CITY expense
and the employee shall attend either on -duty or off -duty in
the discretion of the Fire Chief.
5. An employee who has attained Educational Incentive Levels I or
II shall, so as to maintain himself therein, satisfactorily
complete either two college courses which have been approved in
advance by the Education Committee and Department Head, or
two special courses, seminars or programs, or any combination
thereof, during each fiscal year, except that one who has attain-
ed Educational Incentive Level II with an AA degree shall, so as
to maintain himself therein, satisfactorily complete either one
approved college course or one special course, seminar or program,
or any combination thereof.
6. An employee who has attained Educational Incentive Level III,
may so as to maintain himself therein, satisfactorily complete
either one college course which has been approved in advance
by the Education Committee and Department Head, or one special
course, seminar or program, or any combination thereof, during
each fiscal year. Any employee who elects to not fulfill the
foregoing annual requirement shall revert to and thereafter
receive the Monthly Amount set forth for Educational Incentive
Level II, but he shall thereafter be reinstated to the Monthly
Amount for Educational Incentive Level III upon satisfactory
completion of the annual requirements therefor.
7. An employee who has attained Educational Incentive Level IV
may, so as to maintain himself therein, satisfactorily complete
either one college course which has been approved in advance
4.
by the Education Committee and Department Head, or one
special course, seminar or program, or any combination thereof,
during each fiscal year. Any employee who elects to not fulfill
the foregoing annual requirement shall revert to and there-
after receive the Monthly Amount set forth for Educational
Incentive Level III, but he shall thereafter be reinstated
to the Monthly Amount for Educational Incentive Level IV upon
satisfactory completion of the annual requirements therefor.
8. "Satisfactory completion" of college courses, as referred to
in the preceding three paragraphs, shall be by attaining a
minimum grade of "C". The furnishing of all documentation,
including transcripts, to the Education Committee, shall be the
sole responsibility of the employee.
9. Degree majors to be in Public Administration, Fire Protection
Engineering or other closely related fields to be approved in
advance, by Education Committee and Department Head.
10. Courses to be related to job or general education requirements
for degree objective as approved by educational institution
for degree program.
11. Ten of 30 and 20 of 60 units must be approved Fire Science
or Fire Administration. However, an approved degree program
will fulfill this requirement.
12. Special courses shall not constitute more than 1/3 of total unit
credits.
13. This program shall be renegotiated when the proposed new State
Professional Standards System is adopted.
ARTICLE III
Employees shall be entitled to Bereavement Leave not to
5.
exceed three working days per calendar year in each instance
of death in the immediate family. Immediate family is defined
as father, mother, sister, brother, spouse, children, stepfather,
stepmother, stepsisters, stepbrothers, mother-in-law, father-in-
law or stepchildren.
ARTICLE IV
In the event the State of California mandates what is
commonly referred to as the "2% - Age 50" retirement plan for Public
Safety employees, the CITY shall adopt and implement such plan.
ARTICLE V
Upon receipt from the Public Employees' Retirement System
of the Actuarial Study relating to actual costs of the Widows One -Half
Continuance Plan, the ASSOCIATION and the CITY shall meet to discuss
such Plan and related costs.
ARTICLE VI
The terms and conditions of the Memorandum of Agreement,
dated July 26, 1971, between the ASSOCIATION and CITY shall continue
for the term of this agreement unless specifically modified by this
agreement.
ARTICLE VII
Effective in calendar year 1972, the uniform allowance shall
be one hundred ($100) dollars per year, payable annually, the first
annual payment of which shall be made on the first regular pay day
during the month of December 1972. Additional annual payments of one
hundred ($100) dollars shall be made on the first regular pay days
during the months of December 1973 and December 1974.
ARTICLE VIII
Paychecks shall be ready for distribution to employees
by 0800 hours on each pay day, barring unforeseen circumstances
such as mechanical breakdown, etc. Further, the nature and purpose
of each deduction withheld from any employee's gross earnings shall
be clearly specified and set forth, either on the paycheck stub or
on an accompanying memo.
ARTICLE IX
Classified Relief shall be managed by the Department in
such manner which will (1) maintain six (6) engineer positions and
three (3) firemen positions in addition to those positions necessary
to man the in-service companies, and (2) assign those relief posi-
tions equally among shifts to relieve vacancies due to vacations,
sickness, injuries, etc.
ARTICLE X
A joint salary survey committee composed of a representative
of the ASSOCIATION and a representative of the Personnel Department
shall conduct a salary survey by the end of February in each of the
years 1973, 1974 and 1975. The committee shall survey the classi-
fications of Fireman, Fire Engineer and Fire Captain, reviewing the
minima and maxima of the respective ranges with prime consideration
given to the top salary step, exclusive of longevity, in the
respective salary ranges. The cities to be surveyed shall be the
cities of Anaheim, Garden Grove, Glendale, Inglewood, Long Beach,
Pasadena, Riverside, San Bernardino, Santa Ana and Torrance.
The results of the survey shall be reviewed by the ASSO-
CIATION and the CITY to determine the CITY'S competitive position
as it relates to the averages determined by the survey. In the
event the survey indicates that the average rates in the survey
7•
cities exceed the 5% salary increases payable under Article I
hereof, which excess amounts to 1% or more, the fringe benefits
shall thereupon be reviewed jointly by ASSOCIATION and CITY to
determine mutually agreeable areas of improvement, to which the
aforesaid excess shall be applied so as to become effective beginning
the following July 1.
ARTICLE XI
A joint committee composed of a representative of the
ASSOCIATION and a representative of the Personnel Department shall
study the areas of sick leave accumulation, CITY paid long term
disability insurance, CITY payment for dependent medical coverage
and all other areas of employee group insurance. Such study shall
be completed no later than January 1, 1973 and the overall program,
as it shall be mutually agreed upon between ASSOCIATION and CITY,
shall be implemented by July 1, 1973.
ARTICLE XII
This Memorandum of Agreement shall be in effect for a term
commencing July 1, 1972 and ending June 30, 1975•
ARTICLE XIII
It is the understanding of the CITY and ASSOCIATION that
this Memorandum of Agreement is of no force or effect whatsoever
unless and until ratitifed and approved by Resolution duly adopted
by the City Council of the City of Huntington Beach in accordance
with Section 8, Resolution No.3335•
IN WITNESS WHEREOF, the parties hereto have caused this
(Rest of Page not Used)
Memorandum of Agreement to be executed this 2-77-111 day of June,
1972.
HUNTINGTON BEACH FIREMEN'S
ASSOCIATION, INC.
By
APPROVED AS TO FORM:
COLTON & AUSTIN
V LJ1LV 1"LL V • VVL1 V1\
Attorney for Association
M
CITY OF HUNTINGTON BEACH
By, c C�
City Administrator
By CV-3'4- I', a ��
Personnel Director
APPROVED AS TO FORM:
DON P'. BpNFA,jCitylAttorney
BE
9
ty
'I
RESOLUTION N0. 3516
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING
A MEMORANDUM OF AGREEMENT WITH THE HUNTINGTON
BEACH FIREMEN'S ASSOCIATION, INC.
The City Council of the City of Huntington Beach resolves
as follows:
The Memorandum of Agreement between the City of Huntington
Beach and the Huntington Beach Firemen's Association, Inc., „
dated June 27 , 1972, a copy of which, with
its attached exhibits, is marked Exhibit "A" and attached hereto
and made a part hereof, is hereby approved and ratified and
ordered implemented in accordance with the terms and conditions
thereof.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at an adjourned regular meeting thereof held
on the 28th day of June, 1972.
ATTEST:
PAUL C. JONES, City Clerk
By
as s ant City C1erk
APPROVED AS TO FORM:
DON P. BONFA, City Attorney
By
S, D putt'
w
Res. No.1516
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON REACH )
I, PAUL C. JONES, the duly elected, qualified and
acting 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
more than a majority of all the members of said City Council
at a regular adjourned meeting thereof held on the
day of , 19 , by the following vote:
AYES: Councilmen:
Bartlett, Matney, Duke, Coen
NOES: Councilmen:
None
ABSENT: Councilmen:
Paul-C. Jones
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
By
ss s ant �ty er
MEMORANDUM OF AGREEMENT
Between
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
Hereinafter called CITY
and
THE HUNTINGTON BEACH FIREMEN'S ASSOCIATION, INC.
Hereinafter called ASSOCIATION
PREAMBLE
WHEREAS, pursuant to California Government Code Section
3500 et seq and Resolution No. 3335, the CITY, acting by and through
its City Administrator, duly appointed by the Governing Body of said
CITY for the purpose of meeting and conferring in good faith with
the representatives of the ASSOCIATION, a duly recognized employee
association, concerning wages, hours, and other terms and condi-
tions of employment for the fiscal years 1972-1975; and
WHEREAS the representatives of the CITY and the ASSOCIA-
TION have met and conferred in good faith and have fully communi-
cated and exchanged information concerning wages, hours and other
terms and coditions of employment; and
WHEREAS, except as otherwise expressly provided herein,
all terms and conditions of this agreement shall apply to all
employees represented by the ASSOCIATION; and
WHEREAS, the representatives of the CITY and the ASSO-
CIATION desire to reduce .their agreements to writing,
NOW, THEREFORE, this Memorandum of Agreement is made,
to become effective July 1, 1972, and it is agreed as follows:
1.
ARTICLE I
Commencing July 1, 1972, the following classification
title, salary ranges and actual salary rates shall become effective:
CLASSIFICATION TITLE SALARY RANGES
Fireman
347
Fire Engineer
351
Fire Protection Specialist
353
Fire Captain
356
Deputy Fire Marshal
358
ACTUAL MONTHLY SALARY
RATES
Salary
Effective Effective
Effective
Effective
Range
7-1-72 1-1-73
7-1-73
7-1-74
347
833-1036
875-1088
919-1142
351
915-1139 928-1155
974-1213
1023-1274
353
966-1203 979--1220
1028-1281
1079-1345
356
106.5-1326
1118-1392
1174-1462
358
1126-1402
1181-1472
1240-1546
ARTICLE II
EDUCATION INCENTIVE PLAN
July 1, 1972
Education HBFD
Incentive Completed Years of Monthly
Level Units Tenure Amount
I Cert. in Fire 1 $ 50
\� Science or 30
Units
II
60
2
70
III
90 (or AA
3
90
Fire Science)
IV
120
5
110
V
BA or BS
6
120
2.
It is the purpose and intent of the Educational Incentive
Plan to motivate the employee to participate in and continue with
his education so as to improve his knowledge and general proficiency
which will, in turn, result in additional benefits to the Depart-
ment and to the City. When and as certain levels of additional
education are satisfactorily completed and attained, the employee
will receive additional monetary compensation in recognition of
his educational achievement. As used herein, "education" is defined
as units in approved college courses or approved special courses,
seminars and programs, or a combination thereof. In order to imple-
ment the foregoing, the following stipulations shall apply:
1. Participation in the Plan shall be available to all classi-
fications who are represented by the ASSOCIATION.
2. An Education Committee shall be formed and shall be composed
of three members. Of said three members, one shall be appointed
by the ASSOCIATION,'one appointed by the Department Head, and
the Personnel Director or his designee.
3. Certification to an Educational Incentive Level and to the
additional monthly compensation therefor shall commence on
the first day of the month after approval by the Department
Head and Education Committee.
4. Special courses, seminars and programs, which have been approved
in advance by the Education Committee and Department Head, shall
be considered as educational units on the basis of one unit for
each 18 hours of instruction. Fractional hours in one course,
seminar or program shall be cumulative and may be added to frac-
tional hours resulting from another course, seminar or program.
3.
Such courses, seminars and programs shall be at CITY expense
and the employee shall attend either on -duty or off -duty in
the discretion of the Fire Chief.
5. An employee who has attained Educational Incentive Levels I or
II shall, so as to maintain himself therein, satisfactorily
complete either two college courses which have been approved in
advance by the Education Committee and Department Head, or
two special courses, seminars or programs, or any combination
thereof, during each fiscal year, except that one who has attain-
ed Educational Incentive Level II with an AA degree shall, so as
to maintain himself therein, satisfactorily complete either one
approved college course or one special course, seminar or program,
or any combination thereof..
6. An employee who has attained Educational Incentive Level III,
may so as to maintain himself therein, satisfactorily complete
either one college course which has been approved in advance
by the Education Committee and Department Head, or one special
course, seminar or program, or any combination thereof, during
each fiscal year. Any employee who elects to not fulfill the
foregoing annual requirement shall revert to and thereafter
receive the Monthly Amount set forth for Educational Incentive
Level II, but he shall thereafter be reinstated to the Monthly
Amount for Educational Incentive Level III upon satisfactory
completion of the annual requirements therefor.
7. An employee who has attained Educational Incentive Level IV
may, so as to maintain himself therein, satisfactorily complete
either one college course which has.been approved in advance
4.
by the Education Committee and Department Head, or one
special course, seminar or program, or any combination thereof,
during each fiscal year. Any employee who elects to not fulfill
the foregoing annual requirement shall revert to and there-
after receive the Monthly Amount set forth for Educational
Incentive Level III, but he shall thereafter be reinstated
to the Monthly Amount for, Educational Incentive Level IV upon
satisfactory completion of the annual requirements therefor.
8. "Satisfactory completion" of college courses, as referred to
in the preceding three paragraphs, shall be by attaining a
minimum grade of "C". The furnishing of all documentation,
including transcripts, to the Education Committee, shall be the
sole responsibility of the employee.
9. Degree majors to be in Public Administration, Fire Protection
Engineering or other closely related fields to be approved in
advance, by Education Committee and Department Head.
10. Courses to be related to job or general education requirements
for degree objective as approved by educational institution
for degree program.
11. Ten of 30 and 20 of 60 units must be approved Fire Science
or Fire Administration. However, an approved degree program
will fulfill this requirement.
12. Special courses shall not constitute more than 1/3 of total unit
credits.
13. This program shall be renegotiated when the proposed new State
Professional Standards System is adopted.
ARTICLE ITI
Employees shall be entitled to Bereavement Leave not to
5•
exceed three working days per calendar year in each instance
of death in the immediate family. Immediate family is defined
as father, mother, sister, brother, spouse, children,, stepfather,
stepmother, stepsisters, stepbrothers, mother-in-law, father. -in-
law or stepchildren.
ARTICLE IV
In the event the State of California mandates what is
commonly referred to as the "2% - Age 50" retirement plan for Public
Safety employees, the CITY shall adopt and implement such plan.
ARTICLE V
Upon receipt from the Public Employees' Retirement System
of the Actuarial Study relating to actual. costs of the Widows One -Half
Continuance Plan, the ASSOCIATION and. the CITY shall meet to discuss
such Plan and related costs.
ARTICLE VI
The terms and conditions of the Memorandum. of Agreement,
dated July 26, 197 1, between the ASSOCIATION and CITY shall continue
for the term of this agreement unless specifically modified by this
agreement.
ARTICLE VII
Effective in calendar year 1972, the uniform allowance shall
be one hundred ($100) dollars per year, payable annually, the first
annual payment of which shall be made on the first regular pay day
during the month of December 1972„ Additional annual payments of one
hundred ($100) dollars shall be made on the _first regular pay days
during the months of December 197'4 and December 1974.
ARTICLE VIII
Paychecks shall be ready for distribution to employees
N
by 0800 hours on each pay day, barring unforeseen circumstances
such as mechanical breakdown, etc, Further, the nature and purpose
of each deduction withheld from any employee's grass earnings shall
be clearly specified and set forth, either on the paycheck stub or
on an accompanying memo.
ARTICLE IX
Classified Relief shall be managed by the Department in
such manner which will (1) maintain six (6) engineer, positions and
three (3) firemen positions in addition to those positions necessary
to man the in-service companies, and (2) assign those relief posi-
tions equally among shifts to relieve vacancies due to vacations,
sickness, injuries, etc.
ARTICLE X
A ,joint salary survey committee composed of a representa.tiva
of the ASSOCIATION and a representative of the Personnel Department
shall conduct a salary survey by the end of February in each of the
years 1973, 1974 and 1975. The committee shall survey the classi-
fications of,Fireman, Fire Engineer and Fire Captain, reviewing the
minima and maxima of the respective ranges with prime consideration
given to the top salary step, exclusive of longevity, in the
respective salary ranges. The cities to be surveyed shall be the
cities of Anaheim, Garden Grove, Glendale, Inglewood, Long Beach,
Pasadena, Riverside, San Bernardino, Santa Ana and Torrance.
The results of the survey shall be reviewed by the ASSO--
CIATION and the CITY to determine the CITY'S competitive position
as it relates to the averages determined by the survey. In the
event the survey indicates that the average rates in the survey
i
t
7.
i
s
cities exceed the 5% salary increases payable under Article I
hereof, which excess amounts to 1% or more, the fringe beriefits
shall thereupon be reviewed jointly by ASSOCIATION and CITY to
determine mutually agreeable areas of improvement, to which the
aforesaid excess shall. be applied so as to become effective beginning
the following July l..
ARTICLE XI
A joint cormriittee composed of a, representative of the
ASSOCIATION and a representative of the Personnel Department shall
study the areas of sick leave accumulation, CITY paid long term
disability insurance, CITY payment for dependent medical coverage
and all other areas of employee group insurance. Such study shall
be completed no later than January 1; 3_973 and the overall program,
as it shall be mutually Agreed upon between ASSOCIATION and CITY,
shall be implemented by July 1, 1973.
ARTICLE .III
Thit Memorandum of Agreement shall be in effect for a term
commencing July 1, 11972 and ending June 30, 1975.
ARTICLE XIII
It is the. underst:afiding of the CITY and. ASSOCIATION that
this Memorandum of Agres�ment is of no force or effect whatsoever
unless and until ratitifed and approved by Resolution duly adopted
by the City Council of the City oP Huntington Beach in accordance
with Section 8, Resolution No.3335.
IN WITNESS WHEREOF, the parties hereto have caused this
(Rest of Page not Used)
Memorandum of Agreement to be executed this 2.7 71' day of June,
1972.
HUNTINGTON BEACH FIREMEN'S
ASSOCIATION, INC.
By
APPROVED AS TO FORM:
COLTON & AUSTIN
// vLJ1tVa-aL V VV1 VLl
Attorney• forLAssociation
a
CITY OF HUNTINGTON BEACH
B - J
y
City Administrator
`i
By
Personnel Director
APPR VED AS TO FO
DON P'. BPNFA,,CityylAtt.orney
ty
Exhibit A
OVERTIME CALLBACK SYSTEM
Purpose
A. To provide an efficient, fair and reliable method for
maintaining adequate on -duty personnel for fire control purposes.
Policy
A. It shall be the policy of this department to maintain
fire control manpower requirements by recalling personnel and
shift staff personnel to fire control positions.
B. Personnel may be called from a rotating sequential file on
a voluntary basis to fill manpower shortages.
C. When manpower shortages cannot be filled on a voluntary
basis, or when an emergency exists, personnel called may be
required to report for duty.
Responsibilit
A. The primary responsibility and authority shall rest with
the Deputy Operations Officer.
B. The Suppression Chief shall administer the system on a
day to day basis.
C. The Fire Operating Center Supervisor shall implement and
conduct the operation of the system, and shall be responsible for
the maintenance and accuracy of the files.
A. All persons requesting to work overtime shall submit
their request on an Official:Report along with their telephone
number and area code.
-1-
B. All personnel who have requested to work overtime shall
have their name placed in the card file in the first vacant
numerical position.
C. For overtime that can be scheduled in advance, the
procedure shall only be initiated one day in advance, and in accord r
with E-3. Cards shall be rotated at the time the overtime employee
is scheduled. Cancellation of the overtime will not affect the
rotation sequence of the file.
D. Personnel, when contacted, who refuse the overtime
offered five consecutive times shall have their card removed.
Each individual shall then resubmit his request to have his
card placed in the active file.
E. Under the day to day supervision and authoi7ity of the
on -duty Suppression Chief, the Fire Dispatchers shall initiate
the activation of the Policy.
i. The Dispatchers shall contact the personnel and
notify the on -duty Chief and the Captain at the station where the
vacancy exists when the vacancy has been filled.
2. In the event problems arise, interfering with the
routine operation of the system, the Dispatcher shall contact the
on -duty Suppression Chief for a decision on overtime that can be
scheduled in advance.
3. The Dispatchers shall implement the procedure for
overtime that can be scheduled in advance between 1800 and 2200 of
the evening prior to the scheduled vacancy.
F. The Card system shall be segregated by shift and by rank.
-2-
1. All files shall have a numerical sequence and be
rotated from front to back as each card is called for overtime.
a. Personnel once called shall have their card
rotated and the sequential numbering shall not be changed once
established.
b. When the overtime list is used for non emergency
call back, no deviation from the sequential rotation shall be
allowed.
C. 'Those employees who are not normally assigned
to the call back shift shall not be eligible for overtime except
on their normally assigned days off.
1) If their card sequentially comes up for
overtime, and they are not available for that overtime, their
card will be rotated and the next eligible employee shall be called.
2) Non -shift personnel, who:are on the overtime
list, shall be eligible when their card number is called for overtime
after their normal work day if the following day is a normally
scheduled day off.
3) Staff members may be used to fill existing
vacancies during their normal work day if so directed, but may not
use vacation time or compensation time off in order to accrue overtime.
4) No employee may use vacation, sick or
compensation time in order to accrue overtime.
5) It shall be the employees responsibility
to make known when contacted that he is not eligible for overtime
as outlined -in this policy.
-3-
G. All overtime shall be offered in order of the first
available overtime period, to the first called employee.
H. If a member is called for overtime and the overtime's
cancelled after the employee has reported for duty, the employee
shall receive two hours overtime credit.
I. Holding employees over until relieved shall not constitute
call back overtime and no card rotation shall be made.
J. Emergency call back shall not constitute overtime that
can be scheduled in advance and no card rotation shall be made.
K. Whenever an employee changes shifts, is promoted, demoted,
or re -assigned, he shall be given a new number in the master card
file and the number shall be the first vacant sequential number in
the appropriate file.
L. The Suppression Chief may institute a selective call for
overtime in special circumstances to obtain necessary manning
levels. If the overtime is of a non emergency nature, the overtime
lists will be used as soon as practicable thereafter to fill the
vacancy. If the overtime is of a duration of less than four hours,
the Suppression Chief at his discretion may use the shift going
off duty to cover and shall not use the overtime file.
M. Overtime of a special nature such as mapmaking, vehicle
maintenance, communcations or other specific job functions not
normally required to be filled, need not be filled from the overtime
list. Those employees who possess the specific skills of this special
overtime may request to be utilized.
N. Employees who.live outside the toll free area shall be
required to pay the telephone charges. (All toll calls to be
collect)
0. If an employee believes that an inaccuracy exists inithe
overtime master card file, he may request that a representative of
the ASSOCIATION investigate his claim and process a grievance if
necessary. The Deputy Operations Officer shall make the master
card file available to an ASSOCIATION designated representative
when there appears to be a discrepancy in the call back process.
P. The Fire Chief or his designee shall confer with the
Firemen's Association whenever any changes are contemplated in the
overtime call back system.
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A G R E E M E N T
THIS AGREEMENT, made this 11 day of November , 1973,
by and between JAMES H. KAUFMAN, D.D.S. INCORPORATED, a registered
health care service plan (hereinafter referred to as "Plan") and
CITY OF HUNTINGTON BEACH (hereinafter referred to as "City"), with
reference to the fo11_ow�ng facts:
WHEREAS, it is the desire of City to provide dental services
and care for eligible members, as hereinafter defined; and
WHEREAS, Plan is a prepaid health care service plan which pro-
vides prepaid dental care; has two existing dental centers located
at 1936 West Chapman Avenue, Orange, California and 1020 West Olympic
Boulevard, Los Angeles, California (hereinafter referred to as
"dental centers") which provide said dental care; and each said
dental center is duly licensed and has staff, personnel and facil-
ities to provide such dental services in accordance with the high
standards of the dental profession; and
WHEREAS, City desires to establish a dental health program for
the benefit of the eligible members and to enter into an agreement
with Plan for the provision of said dental health program to be
carried out in full conformity with all existing laws of the State
of California and all regulations of administrative agencies control-
ling the practice of dentistry as a profession, and the proper safe-
guards for the maintenance of the requisite professional standards;
and
M:lm
WHEREAS, .the City is relying upon the representation of Plan
that Plan has a professional and administrative staff and facilities.
THEREFORE, the parties agree as follows:
A nlT17 OT L' T
DURATION Ol{' AGREEMENT AND SCOPE OF DENTAL CARE
SECTION A.
For the period commencing October 1, 1973 and ending April
1976, or until terminated as provided in ARTICLE IV, SECTION E, the
City hereby engages Plan to render complete dental care for each
eligible member, except as limited in ARTICLE I, SECTION B.
Eligible member shall mean any person who is an employee of the
City and designated by the City as eligible for the benefits of this
Plan and:
(a) Any unmarried child of said member under the
age of nineteen (19) residing at home; or
(b) Any unmarried child of said member under the
.age of twenty-three (23) who resides at home
and is a full-time student; or
(c) With regard to those dependents of members
specified in paragraphs (a) and (b) above,
they will still. be eligible for benefits
hereunder even if they are older than nineteen
(19) as provided in paragraph (a) or twenty-
three (23) as provided in paragraph (b) if:
(1) he oi� she is incapable of self-sustaining
employment by reason of mental retardation
;7
or physical handicap; (ii.) is chiefly
dependent upon the member for support and
maintenance; and (iii) proof of such,
incapacity and dependency is furnished Plan
by a :Licensed physician within thirty-one (31.)
days of the dependent's attainment of the age
of nineteen (1.9) or twenty-three (23), as the
case may be, and Plan thereafter receives proof
of such incapacity and dependency every ninety
(90) days until such time as the dependent has
been incapacitated for a period of two (2) years
and thereafter receives written proof annually;
(iv) he or she is an incapacitated or mentally
retarded child within the definition -of ARTICLE I,
SECTION A(c).
QV0MTnV n
The following dental benefits are not offered or covered here-
under:
(i) Oral surgery requiring the setting of fractures;
(ii) Treatment of congenital malformations;
(iii) Treatment of malignancies;
(iv) Dispensing of drugs for treatment of oral diseases
not normally supplied in a dental office;
(v) Any treatment requiring "hospitalization" unless
the Plan's dentist is permitted to treat the
eligible member in the hospital;
3.
(vi) Any work which is not able to be performed because
of the general health and physical limits of the
eligible member as dictates] by said eligible mem-
ber's personal physician or Plan's dentist; and
(vii) Any treatment requested or, appliances made which
in the opinion of the treating dentist are either
not necessary for maintaining or improving the
eligible member's dental health or are for
"cosmetic" purposes unless the eligible member
pays any and all costs as listed in ARTICLE II,
SECTION B, as said costs would be charged for an
eligible member during the first twelve (12) months
of eligibility.
SECTION C. ' Enrollment:
Eligible members, as defined herein, may enroll for dental care
by filling out and signing Plan -Is standard enrollment card and mail-
ing or hand -delivering said enrollment cards to the appropriate City
department or to Plan.
SECTION D_
Benefits shall commence for each eligible member on the first
day of the month following the month in which said eligible member's
enro-llment card is received by City or Plan and Plan receives the
monthly fee for said eligible member by the fifteenth day of the pre-
ceding month.
SECTION E.
Any and all.of the dental care provided hereunder will be pro-
vided at Plan's offices located at 1020 West Olympic Boulevard, Los
Angeles, California, and 1936 West Chapman Avenue, Orange, California,
during the following hours:
(a) For all general dentistry, office hours on Monday
through Thursday are 7:00 a.m. to 10:00 p.m.
(b) For all general dentistry, office hours on Friday
and Saturday are 7:00 a.m. to 4:00 p.m.
(c) For all orthodontic care and treatment, office
hour's on MonSlay through Friday only are 7:00 a.m.
to 3:30 p.m.
SECTION F.
Plan shall also provide emergency dental service twenty-four
(24) hours a day, seven (7) days a week to all eligible members.
SECTION G.
City shall cause to be delivered to Plan on the 15th and 30th
day of each month, a list of all eligible members who have elected
to receive dental benefits hereunder (hereinafter referred to as
"eligibility runs") along with copies of the enrollment cards com-
pleted by each eligible member which were not previously filed with
Plan. Plan shall have the right of reasonable inspection and -copy-
ing during regular hours at the administrative office of the City
for the purpose of examining the eligibility runs, enrollment cards
and any and all. other books, re(..ords or other written documents per-
5.
taining to the terms and conditions of this agreement. City agrees
to make available all such books, records, enrollment cards, and
eligibility runs.
ARTICLE II
COMPENSATION PAYABLE TO DENTAL CENTERS
SECTION A.
For each single eligible member City agrees to pay to the Plan
Six Dollars ($6.00) per month, and for each eligible member with
dependents City agrees to pay to Plan Ten Dollars ($10.00) per month
(hereinafter referred to as "capitation"). Said payments shall be
made to Plan on the 15th day of each month for each eligible member
listed on the eligibility runs for the previous month, or whose
enrollment card was approved during any day during the preceding
month or 'for each eligible member for whom Plan received a Notice
of Eligibility form from the City during the preceding month.
(a) This agreement shall not be opened for a rate increase
without mutual consent.
(b) It is distinctly understood that the liability of the
City in connection with premium payments only shall
extend to such eligible members whose names appear on
the eligibility runs, enrollment cards or Notice of
Eligibility; and
(c) Plan agrees to accept as full compensation for dental
services rendered the fee, or fees, paid by City on
behalf of any eligible rnerriber and their eligible
dependents who are entitled to receive services under
the terms and conditions of this contract, except as
provided in ARTICLE I, SECTION B hereof. Plan agrees
that upon this payment City shall not be responsible
for the collection of any other fees or surcharges
which may be required to be paid by any eligible
member.
SECTION B.
The following surcharges
shall
be paid
by eligible members
directly to Plan as treatment
is performed
as follows:
lst
2nd
3rd
4th
5th
Year
Year
Year
Year
Year
Emergency Treatment
5.00
5.00
5.00
5.00
5.00
Failure to cancel appoint-
ment 24 hours prior to same
5.00
5.00
5.00
5.00
5.00
Gold inlays and/or onlays
per tooth restored
21.00
15.75
10.50
5.25
0•
Full gold crowns per
tooth restored
22.00
16.50
11.00
5.50
0
Porcelain and gold crown
per tooth restored
29.00
21.75
14.50
7.25
0
Porcelain and gold pontic
per tooth replaced
29.00
21.75
14.50
7.25
0
Upper or lower full
denture characterized
40.00
30.00
20.00
10.00
0
Upper lower cast
partial denture
45.00
33.75
23.50
11.25
0
Temporary denture
or stayplate
15.00
11.25
7.50
3.75
0
lst 2nd 3rd 4th 5th
Year Year Year Year Year
Laboratory reline
per denture
12.00
9.00
6.00
3.00
0
Full denture transfer
or rebase or jump
22.00
16.50
11.00
5.50
0
Fixed space maintainer
10.00
7.50
5.00
2.50
0
Removable space maintainer
15.00
11.25
7.50
3.75
0
Orthodontic care and treat-
ment per patient for duration
of coverage, one (1) charge
50.00
50.00
50.00
50.00
Provided, however, for each twelve (12) continuous and uninter-
rupted months of enrollment by any eligible.member, the surcharges,
above, shall be reduced as .provided therein until for those eligible
members after forty-eight (48) continuous months of enrollment there
will be no charges for any treatment provided, except if orthodontic
treatment is initiated, for emergency treatment, and for failure to
keep an appointment. Provided, however, after each twelve (12) months
of continued enrollment, it will be each eligible member's respon-
sibility to notify the appropriate dental office of his or her benefit
changes with regard to those cost reductions, and if any eligible
member is dropped from the eligibility rolls at any time he will
lose all of the benefits earned hereunder even if said eligible
member enrolls with Plan at a subsequent date.
SECTION C. Orthodontics:
Each eligible member who is an eligible member for twelve (12)
consecutive months may obtain orthodontic treatment provided said
el.igj.ble member leas had a complete examination, x-rays, all prescribed
8.
dental treatment has been completed, and a qualified orthodontist
determines that orthodontic treatment is indicated. If said treat-
ment is indicated, said eligible member will then commence with
orthodontic treatment and be subject at the commencement 'of said
treatment to a one -tune charge of Fifty Dollars ($50.00) for each
member of an eligible member's family receiving said orthodontic
care.
SECTION D.
If the services rendered hereunder are required due to injury
caused by the negligence of a third person, and if the eligible mem-
ber receives a recovery against the negligent party, or if eligible
member is injured and receives Workmen's Compensation or insurance
benefits, then Plan shall be entitled to charge and collect the usual
and customary prevailing rates for the dental services rendered up
to the extent of such recovery. Upon settlement of the claim of the
eligible member against the negligent party, the eligible member
shall pay or cause to be paid to Plan any balance in accordance with
this paragraph.
SECTION E.
A Five Dollar ($5.00) additional charge shall be paid by each
eligible member for any broken appointment, unless at least twenty-
four (24) hours advance notice is given to the office at which such
appointment is scheduled.
9.
ARTICLE III
UALITY CONTROL AND DOCTOR -PATIENT RELATIONSHIP
SECTION A.
Plan is responsible for and agrees to render services and care
as herein provided in accordance with the prevailing high standards
of the dental profession.
SECTION B.
It is expressly understood that the relations between the
individual patient and Plan shall be subject to the rules, limita-
tions and privileges incident to the doctor -patient relationship.
Plan shall be solely responsible, without interference from City
or City agents, to said patient for dental advice and treatment,
including the right to object to treating any individual who
attempts to make onerous the doctor -patient relationship.
SECTION C.
It is understood and agreed that the operation and maintenance
of the dental offices, facilities and equipment and the rendition
of all dental services shall be solely and exclusively under the
control and supervision of Plan. City shall have no right, author
ity or control over -either the selection of the staff, the super-
vision of the personnel, the operation of dental practice, or the
rendition .of any of the dental services. It is understood and
agreed that nothing contained in this agreement shall be construed
as giving the City any right to manage or conduct a dental practice.
10 .
SECTION D.
The terms "the high standards of the dental profession",
"professional standards" and like terms used throughout this
agreement shall each and all be construed to mean that the dental.
services rendered under this agreement shall. be performed in accord-
ance with the professional standards of general dental practitioners
prevailing in Los Angeles and Orange Counties.
AR`i'ICLE IV
GENERAL PROVISIONS
SRrTTnN A_
Since detailed records are necessary for the proper supervision
of the dental program, Plan shall keep records and charts of all
dental services rendered to eligible members. These records shall
be and remain the property of Plan, except that upon termination
of this agreement, and in the event City enters into another agree-
ment with a licensed dentist or dentists to provide similar.dental
care, or in the event an eligible member shall seek the services of
another dentist, then Plan will promptly and without charge trans-
fer any and all x-rays taken of the eligible member but shall not
be obligated to transfer any other records.
SECTION B.
Plan shall keep financial records respecting its operation
under this agreement in accordance with sound accounting and busi-
ness practices, and in the event that City desires any information
from said records, it shall give Plan at least ten (10) days prior
written notice setting forth the information requested. Plan shall
make said information available as soon as it has compiled it.
SECTION C.
Any dispute or controversy arising between City, Plan and eli-
gible member shall be resolved as follows:
Any dispute, grievance or controversy regarding the quality or
necessity of professional care, provided or not provided, shall be
submitted to arbitration. The parties shall request the Southern
California State Dental Association to submit a list of seven (7)
names of possible arbitrators and one (1) shall be selected there-
from as follows: Each of the parties shall delete one name from
the said list until a single name remains. The remaining name shall
be the arbitrator. Lots shall be drawn to determine who shall be
entitled to the first deletion.
The arbitrator shall proceed with all possible dispatch to hear
and determine the dispute or disagreement. The decision in all cases
shall be binding upon the parties hereto. The decision shall be in
writing. The fees and expenses of the arbitrator and stenographic
expense shall be borne equally by the respective parties involved.
All of the foregoing is subject to the limitation that the arbitrator
shall have no power to add.to, subtract from, modify or make a change
in any of the terms of this agreement.
Insofar as questions relating to the interpretation or appli-
cation of this agreement are concerned, they shall be resolved by
an arbitrator in the following m,..nner:
M
In the event that any question arises regarding the inter-
pretation or application of this agreement, it shall be resolved
by submission to an arbitrator as follows:
The parties shall request the American Arbitration Association
to submit a list of seven (7) names of possible arbitrators, and
one (1) shall be selected therefrom as follows:
The parties shall delete one name from the said list until a
' single name remains. The remaining name shall be the arbitrator.
Lots shall be drawn to determine who shall be entitled -to the first
deletion. The arbitrator shall proceed with all possible dispatch
to hear and determine the dispute or disagreement.
The decision shall be in writing and shall be legal and binding.
The fees and expenses of the arbitrator and stenographic expenses
shall be borne equally by the parties. All of•the foregoing is sub-
ject to the limitation that the arbitrator shall have no power to
add to, subtract from, modify or make a change in any of the terms
of this agreement.
Except as may have been otherwise provided hereinabove, in any
arbitration proceeding pursuant to this section, the rules of arbi-
tration established by the American Arbitration Association shall
govern.
SECTION D.
Plan shall be solely responsible for all dental advice and serv-
ices performed or prescribed by it for the eligible members. Neither
the City nor its agents, consultants, employees, or participating
employees nor any beneficiaries hereunder, either singly or collect-
ively, is the agent or representative of Plan and none of them shall
be liable for any act or omission of Plan or of its agents, employ-
ees or other persons performing services for or at the request of the
Plan. Plan agrees to appear and defend and save City harmless from any
and all litigation or claims arising out of a Plan's breach of this
agreement except that Plan shall not indemnify City of and from any
claims arising out of its own acts or omissions, or where City does not
give Plan notice of any such claims within 30 days after knowledge.
SECTION E.
This agreement may not be terminated except as follows:
(i) In the event that the payments to be made by City to
Plan as provided in ARTICLE II, SECTION A herein have
not been paid, and said monies are not paid within five
(5) days after written notice of said default, or, as
to any specific eligible member, in the event the sur-
charges provided in ARTICLE II, SECTION B have been in
default for thirty (30) days, in which case provisions of
the agreement may be terminated as to that specific
eligible member only;
(ii) Other than the payment of monies, in the event that
either City or Plan is in default hereunder and does
not cure said default within ten (10) days after
written notice;
(iii) In the event that Plan is bankrupt or enters into
an arrangement with creditors because of its insolvency,
• then -,.upon fifteen (15) days notice, City may declare
this agreement cancelled;
(iv) In the event Plan is no longer able to legally pro-
vide dental services.
In the event of the termination of this agreement, for any of
the reasons provided above:
(a) Plan shall complete all procedures commenced on such eli-
gible member prior to the date of'cancellation to the
extent that such eligible member would have been entitled
to receive such services had this agreement continued in
effect, subject to the following conditions:
(1) That during the period of said continued work, each
eligible member continues to make the payments
required by ARTICLE II, SECTION B herein;
(2) The term "procedures commenced on such eligible mem-
ber prior to the date of termination" shall be con-
strued by the parties hereto to mean only those
treatments and/or operative dental procedures
actually commenced but unfinished, such as pros-
thetic appliances which have been cast, and dentures
commenced but unfinished, prior to termination.
It shall not include dental defects which may have
been diagnosed, but on which treatment or operative
work may not have commenced prior to termination.
(3) City agrees to pay promptly all sums due Plan as
of the date of termination, whether. by expiration
of the term of this agreement, or otherwise, but in
no event later than thirty (30) days following termi-
nation.
(4) In the event of termination of the agreement because
of an eligible member's failure to pay surcharges as
provided in ARTICLE IV, SECTION E(i), the eligible
members right to receive treatment will cease
immediately. However, in the event the agreement is
terminated because of a failure on the part of the
City or Plan, the single procedures commenced will
be completed.
SFCTTON F_
Anything to the contrary herein notwithstanding, it is agreed
by the parties that neither this agreement in its entirety, nor any
portion thereof, may be modified, altered or changed in any manner,
except by written instrument duly executed by both parties hereto.
SECTION G.
City recognizes that ethical standards relating to the practice
of dentistry prohibit advertising or solicitation by dentists and
that Plan desires to avoid any conduct which might appear inconsis-
tent with the high standards of dental ethics. Therefore, in order
to cooperate with Plan in this regard, it is agreed that:
(a) City shall not advertise the dental practices or any of
the dentists of Plan, nor shall City solicit patients on
behalf of any of them;
(b) City may, however., take the initiative -in informing sub-
scribers and others regarding benefits hereunder which are
available to eligible members.
SECTION If.
R
The waiver by City of any one or more defaults, if any, on the
part of Plan hereunder shall not be construed to operate as a waiver
.by City of any other or future default on the part of Plan, either
in the same condition or covenant or any other covenant contained in
this agreement. Likewise, the waiver by Plan of any one or more
defaults, if any, on the part of City shall not be construed to oper-
ate as a waiver by Plan of any other or future default on the part
of City.
SECTION I.
Whenever it shall. become necessary for either party to serve
notice on the other respecting this agreement, such notice shall be
in writing and shall.be served by certified mail addressed as follows:
(a) If served on City, it shall be addressed to:
PERSONNEL, DIRECTOR
CITY OF HUNTINGTON BEACH
Post Office Box 190
Huntington Beach, California 92648
(b) If served on Plan, it shall be addressed to:
JAMES H. KAUFMAN, D.D.S. INCORPORATED
1045 South Bixel Street
Los Angeles, California 90015
Any such notice so mailed shall be deemed to have been served
upon and received by the addressee forty-eight (48) hours after same
has been deposited in the United States mail, certified, return
receipt requested, postage prepaid, addressed as indicated above.
Either party shall have the right to change the place to which notice
is to be sent by giving forty-eight (48) hours written notice to the
other of any change of address.
SFCTTnm J_
If any provision of this agreement is held to be illegal or
invalid for any reason, such decision shall not affect the validity
of the remaining provisions of this agreement, but such remaining
provisions shall continue in full force and effect unless the
illegality or invalidity prevents the accomplishment of the object-
ives and purposes of this agreement.
SECTION K.
Plan shall not assign any of the dental. work agreed to be per-
formed to any dentist not exclusively employed by Plan. Provided,
however, Plan may retain the services of any laboratory to perform
any laboratory work required hereunder.
SECTION L.
Eligible members shall be promptly scheduled for services, but
in no event shall appointments for services be scheduled in excess
of three (3) weeks from the initial date of request for service or
from the date of any appointment for a subsequent appointment date
during any continuing period of t,eatment.
gVrTTnM M
Any dependent child of an eligible member who is entitled to
the dental benefits under this agreement and attains the age of nine-
teen (19) or twenty-three (23), and is not entitled to continued bene-
fits under ARTICLE I, SECTION A may continue to receive the dental
benefits by separately enrolling within three (3) months after said
dependent's nineteenth (19th) or twenty-third (23rd) birthday and by
paying a..quarterly premium of Eighteen Dollars ($18.00) per quarter.
Provided, however, in the event that said single dependent marries and
desires his or her spouse to be eligible for the dental benefits -here-
under, said spouse will be covered but in computing the surcharges to
be allocated; said married couple shall lose all of the benefits of
said single dependent and in computing said surcharges from and after
the date of marriage, shall be computed on the basis of new members.
Additionally, if any eligible member retires or leaves the
employ of the City for any reason, he or she may continue to receive
the dental benefits hereunder by notifying his or her dental office
and completing the necessary enrollment card within three .(3) months
of retirement or termination, and returning same with a quarterly
premium. If the aforementioned is timely completed, said eligible
member's benefits will remain in force but said premium charges will
have to be paid on a quarterly basis and city shall have no respon-
sibility for collection.
c�rmrnnt rt
If an action or arbitration proceeding shall be brought by either
party hereto to enforce any of the terms or conditions of this agree-
19.
ment, the prevailing party shall be entitled to reasonable attorneys'
fees.
IN WITNESS WHEREOF, the parties hereto have duly executed this
agreement on the day and year first written above.
ATTEST:
City Clerk
CITY OF 1-1IINTINGTON BEACH
• // u^'
r ll��
City Administrator
APPROVED AS TO FORM:
20.
City Attorney
TED
r
;r Exhibit F
f
r
EXCHANGE OF WORK SCHEDULE
Purpose
A. To provide the -guidelines and limitations whereby
members may temporarily exchange working schedules.
B. To establish the rules and mechanics relating to
the exchanging of working hours so that the overall manpower of
the department shall not be adversely affected.
C. To provide that all time sheets and payroll records
reflect a true and accurate picture of department activities
and hours worked.
Policy
A. It shall be the policy of the department to permit and
allow exchanges- of schedule, but only with certain controls and
restrictions.
B . The exch-an-g:in-9 of time is extended to the members of the
department as a privilege and any misuse or abuse of this privilege
may be cause for disciplinary action or suspension of said
privilege to the person(s) involved.
C. The routine operation of the department shall take
precedence over any exchange of working time or any request for
such exchange.
D. Exchanges of working time shall be in full accord and
shall meet all -regulations as set forth,by this policy.
-1-
E. Once a member has agreed in writing to work a specific
time period, he is responsible for that schedule.
Objective's
A. To insure the truth and accuracy of department records
and reports.
B. To implement a formal system whereby a member may seek
to be temporarily relieved from duty by exchanging working schedule
with another.
C. To establish a method that is fair and equitable to all
members, and at the same time enable some measure of administrative
control.
Responsibility
A. The Suppression Chief shall be responsible for the control,
coordination, administration, and filing of time exchanges.
Compliance with the rules, as set forth in this policy shall also
be the responsibility of the Suppression Chief.
B. Any member desiring to exchange time shall be responsible
for the full and accurate completion of all required forms.
Procedure
A. All exchanges of schedule shall meet the total specifi-
cations of this policy.
-2-
Rules
A. "Exchange of Time Request" forms, properly completed
and approved, must be submitted -to the Suppression Chief no later
than 1800 on the shift prior to the exchange.
B. All exchanges of time shall be filed in triplicate on
the H.B.F.D. "Exchange of Time Request" form with the Suppression
Chief. The Suppression Chief will will file one. copy behind the
name of the man originating the request, one copy behind the name of
the man agreeing to work and return the third copy to the man
origi-nating the request.. The requesting member's Battalion Chief
will then clear the exchange from the record when the time has been
paid back. Each form must bear:
1. Filing date of form
2. Signatures of both parties involved in the exchange
3. The approval and signatures of the supervisor of
both parties involved in the exchange by initialing in the
appropriate squares.
4. Date of initial exchange
5. Amount of time requested to exchange
6. Number of exchanges outstanding
7. The "Date for Payback" section completed and signed
by the initiating party
8. Signature of Suppression Chief, by initialing in
the appropriate square.
C. For purposes of this polciy, periods of time that may
be exchanged shall be regulated as follows:
-3-
permitted.
1. No period of less than four (4) hours shall be
2. No exchange period shall commence between 0800
to 1200 or from 1300 to 1700 on any day.
D. No more than three (3) exchanges of time shall be
permitted to be on record at any given time.
1. Regardless of the duration of the exchanges.
2. Regardless of whether time is owed to another
or time is owed to individual.
E. No more than two (2) consecutive exchanges shall be
permitted. No more than two (2) full.twenty-four (24) hour shifts
may be exchanged on either the beginning or end of a member's
days off or vacation period.
F. No member shall be permitted to work in excess of eight
(8) consecutive full shifts, as a result of a time exchange, until
twenty-four (24) hours has expired.
G. Any exchange of time must be repaid within (180)
days of the date of the initial exchange, with no exceptions. The
(180)__,- day exchange .pe.riod,: may. be-- reduced but- nod. extended.
H. All exchanges of time shall be rank for rank.
I. All exchanges of time shall involve only the two members
signing the "Exchange of Time Request" form, and in no case shall
exchanges involving three or more persons be permitted.
J. No exchange of time shall be permitted unless the written
approval is received from the supervisor of the party requesting
the exchange.
-4-
K. All exchanges of time shall be repaid with comparable
working time and in no case shall any exchange involve cash
payments from one member to another.
L. Once an "Exchange of Time Request" form has been properly
completed, including the "ppyback" time, submitted and approved,
the cooperating member who has agreed to work during a specific
time period is responsible for that time period, and should he fail
to report for duty to fulfill this obligation, he shall be subject
to department action as necessary.
M. Exchanges of time for purposes of outside employment
shall be strictly forbidden.
N. An individual record of exchanges of time shall be kept
by the Suppression Chief for each member of his platoon. Company
officers..sh.all'also-:maintain,a record of schedule exchanges for
the members of their company.
0. New personnel,'during the first six (6) months of their
probationary period, shall not participate in the exchange of
schedule privilege.
P. Exceptions or deviations from this policy may be made
only with the express approval of a Chief Officer.
When such exception is granted by any --Chief Officer other
than the Fire Chief, written report shall be forwarded to the Fire
Chief giving full details why such exception was::approv6d.
-5-
Q. The Suppression Chief shrill enter all exchanges from
the "Request for Exchange of Time" slips on the appropriate
dates of his desk calendar, for the purpose of control. Changes
to scheduled exchanges will be entered by the Suppression Chief
approving said changes.
I Me
Exhibit G)
PROMOTIONAL EXAMINATIONS
Purpose
A. To establish a clear and consistent policy for
administering promotional examinations.
B. To provide the method of selection which will
identify the best qualified personnel for promotion.
C. To insure a consistent means of selection of
qualified personnel to fill vacancies as they occur.
Policy
A. It shall be the policy of the department to give
a promotional examination once each year.
Objectives
A. It shall be the objective of this policy to create -_
a consistent and fair method of administering annual promo-
tional examinations.
Scope
A. This policy shall apply to the promotional positions
of Engineer and Captain and Battalion Chief.
AUTHORITY AND RESPONSIBILITY
A. The Operations Officer shall administer the testing
process.
B. It shall be the responsibility of each promotional
candidate to submit the documents required to take the exam.
-1-
Battalion Chief's'Exam
1. Qualifications for this position shall be: Three (3)
years as a Captain on the Huntington Beach Fire Department, -
sixty (60) units of college education, six (6) of which must
include upper division Fire or Public Administration.
2. The written portion of the exam shall be given the
first Monday in April. The Oral/Practical examination shall
be given the second Monday in April.
3. Examinations shall be weighted 40% Written, 60o Oral/
Practical. Applicants must pass both sections of the exam.
4. Applications for promotion and resumes shall be sub-
mitted to the Deputy Operations Officer no later than 1700
hours, March 1.
-2-
Procedure
Captain's Exam
1. Qualification for this position shall be: Five
(5) years as a fire fighter or fire engineer with the
Huntington Beach Fire Department, thirty (30) units -of college
education to include:
a. Fire Science 104, Company Organization and
Management Operations and Procedures,
b. Fire Science 112, Tactics and Strategy Fire
Practices,
C. Fire Science 080, Fire Officers Supervision
2. The written portion of the exam shall be given the
third Monday in March. The oral/practical portion shall be
given the fourth Monday in March.
3. Examinations shall be weighted 40% written, 60%
oral/practical. Applicants must pass both sections of the
examination.
4. Applications for promotion and resumes shall be submitted
to the Deputy Operations Officer no later than 1700 hours
February 15.
Engineer's Exam
1. Qualifications for this position shall be: Three (3)
years as a fire fighter with the Huntington Beach Fire Department,
fifteen (15) units of college education to include:
-3=
a. Fire Science 103, Fire Hydraulics,
b. Fire Science 107, Apparatus and Equipment,
C. Completion of the Huntington Beach Fire Department
Engineer Certification Program.
2. The written portion of the exam shall be given the
first Monday in•March. The oral/practical portion shall be
given the second Monday in March.
3. Examination shall be weighted 40% written, 60% oral/
practical. Applicants must pass both sections of the examination.
4. Applications for promotion shall be submitted to the
Deputy Operations Officer no later than 1700 hours February 1.
Eligibility List
1. Candidates successful in promotional examinations shall
be placed on an eligibility list in the rank orders in which they
placed on the exams.
2. The eligibility list shall remain in effect for one
year from the date of the last examination, unless sooner exhausted.
Rule of Five
1. The Fire Chief shall be governed by the City of
Huntington Beach Personnel Ordinance in the administration of
this policy and for the appointment of all personnel.
Notification of Examination Results
1. Each candidate shall be given written notice of
results as soon as practicable and if successful, shall be advised
of the final earned score and rank on the appropriate employment
list.
-4-
Per departmental policy, On -Duty personnel are responsible
for providing their own relief.
1
-5-
•
CITY OF HUNTINGTON BEACH CA 7 5 - 77
COUNCIL ADMINISTRATOR COMMUNICATION
HUNTINGTON BEACH
To Honorable Mayor and From City Administrator
City Council Members
Subject PERS CONTRACT MODIFICATIONS- Date December 3, 1975
POLICE & MARINE -SAFETY -EMPLOYEES
We are attaching the modifications to'our PERS contract. which will
implement the "one year final compensation formula" to the retirement
plans covering the Marine Safety Officers and the Police Officers'
Association.
The City Council authorized this benefit during negotiations in 1975.
The Marine Safety Officers Resolution #4098, Article 8 and Police
Officers Association Resolution #4097,.Artic-le 8, effective 7/l/75.,
are the memorandums of agreement committing the City to this course
of action.
RECOMMENDATION
Adopt Resolution of Intention to ve..an Amendment to Contr
Betwee the Board of Administration o t e u. is m o ees Re B-
ent Svstem an tile ounce o n.ing on e1ach:.
Respectfully submitted,
�avidRowlands
City Administrator
Attachment
RESOLUTION NO. 3341
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING
A MEMORANDUM OF AGREEMENT WITH THE HUNTINGTON
BEACH FIREMEN'S ASSOCIATION, INC.
The City Council of the City of Huntington Beach resolves
as follows:
The Memorandum of Agreement between the City of Huntington
Beach and the Huntington Beach Firemen's Association, Inc.
dated July 26, 1971, a copy of which is marked Exhibit "A"
and attached hereto and made a part hereof, is hereby approved
and ratified and ordered implemented in accordance with the
terms and conditions thereof.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at an adjourned -regular meeting thereof held
on the 26th day of July, 1971.
Mayor
ATTEST:
City erk
APPROVED AS TO FORM:
CZ y A orne �,-
i
Res. No. 3341
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, PAUL C. JONES, the duly elected, qualified and
acting 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
more than a majority of all the members of said City Council
at a regularadjourned meeting thereof held on the 26th
day of July , 19 71 , by the following vote:
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
�i_hhc
� C
City Clerk an x-officio Clerk
of the City Council of the City
of Huntington Beach, California
NeS 3"Yl,
MEMORANDUM OF AGREEMENT
Between
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
Hereinafter called City,
and
THE HUNTINGTON BEACH FIREMEN'S ASSOCIATION, INC.
Hereinafter called Association
PREAMBLE
WHEREAS, pursuant to California Government Code Section
3500 et seq. and Resolution No. 3335, the City, acting by and
through its Personnel Director, duly appointed by the Governing
Body of said City for the purpose of meeting and conferring in
good faith with the representatives of the Association, a duly
recognized employee association, concerning wages, hours, and
other terms and conditions of employment for the fiscal year
1971-1972; and
WHEREAS, the representatives of the City and the Association
have met and conferred in good faith and have fully communicated
and exchanged information concerning wages, hours and other terms
and conditions of employment; and,
WHEREAS, except as otherwise expressly provided herein, all
terms and conditions of this agreement shall apply to all employees
represented by the Association; and
WHEREAS, the representatives of the City and the Association
desire to reduce their agreements to writing,
NOW, THEREFORE, this Memorandum of Agreement is made, to
become effective July 1, 1971, and it is agreed as follows:
ARTICLE I
Commencing during the month of October, 1971, each employee
shall be paid every other Friday.
ARTICLE II
Each employee shall, at his option, by written notice to the
Finance Director, given at least two weeks prior to the commence-
ment of said employee's scheduled vacation, be entitled to receive
his earned vacation pay, less deductions, in advance. Said right
to receive advance payment of earned vacation pay shall be limited
to one such advancement during each employee's anniversary year.
1. i
ARTICLE III
On or before September 1, 1971, an ad hoc committee, con-
sisting of seven members, shall be formed and created for the
purpose of studying the present retirement plan. One member of
said committee shall be chosen by each of the five respective
recognized employee organizations, the sixth member shall be the
Personnel Director or his designate, and the seventh member shall
be appointed by the City Administrator. On or before December 1,
1971, said committee shall cause its written report, with recom-
mendations, to be filed with the City Administrator and the
Personnel Board. On or before January 1, 1972, said City Admin-
istrator and Personnel Board, shall consider the committee's said
report and recommendations, and shall present to the City Council
for its consideration and action, at its first regularly scheduled
meeting in January, 1972, (1) the report and recommendations of
the committee and (2) the recommendations of the City Administrator
and Personnel Board. The above time schedule may be extended by
said Committee.
ARTICLE IV
Sick leave may be applied to an absence due to illness of
the employee's spouse, child, or step child, when the employee's
presence is required at home, provided that such absence shall be
limited to five (5) days per calendar year.
ARTICLE V
An education incentive program will be instituted July 1,
1971 in accordance with the provisions of the plan marked Exhibit
"A," attached hereto and made a part hereof.
ARTICLE VI
During the 1971-72 fiscal year, the City shall cause a clas-
sification survey to be conducted for the classifications represented
by the Association. The final report, with recommendations, will
be submitted to the City Administrator and the Personnel Board.
ARTICLE VII
Employees shall be entitled to Bereavement Leave not to exceed
three working days per calendar year in each instance of death in
the immediate family. Immediate family is defined as father, mother,
2.
sister, brother, spouse or children, including stepchildren,
of the employee.
ARTICLE VIII
The present uniform allowance of seventy-two ($72) dollars
per year shall continue through December 31, 1971. Effective
January 1, 1972 the uniform allowance shall be increased to one
hundred ($100) dollars per year, payable annually, the first
annual payment of which shall be made during the month of December
1972.
ARTICLE IX
Commencing July 1, 1971, the following salary ranges for
classification titles and salary ranges, as indicated, shall
become effective, to wit:
CLASSIFICATION
TITLE
Fireman
Fire Engineer
Fire Protection Specialist
Fire Captain
Deputy Fire Marshal
Deputy Operations Officer
SALARY
RANGE
47
50
52
56
58
58
ARTICLE X
ACTUAL
MONTHLY
SALARY
RANGE
$ 793
- 987
86o
- 1071
908
- 1131
1014
- 1263
1071
- 1335
1071
- 1335
An employee who is promoted shall be placed in the step of
the higher salary range that will provide a pay increase of not
less than two ranges (5.5%) nor more than three ranges (8.25%),
except when the "E" step of the higher salary range provides a pay
increase of more than three ranges. The employee being promoted
shall be given a new anniversary date for purposes of merit pay
increases.
ARTICLE XI
TERM OF MEMORANDUM OF AGREEMENT
This Memorandum of Agreement shall be in effect for a term
commencing July 1, 1971, and ending June 30, 1972.
ARTICLE XII
CITY COUNCIL APPROVAL
It is the understanding of the City and Association that this
Memorandum of Agreement is of no force or effect whatsoever unless
3
or until ratified and approved by Resolution duly adopted by the
City Council of the City of Huntington Beach in accordance with
Section 8, Resolution No. 3335.
ARTICLE XIII
The association shall, within ten days following the execution
of this agreement and its approval by the City Council, file with
the Superior Court Clerk, County of Orange, a dismissal with pre-
judice of that certain action pending in the Orange County Superior
Court entitled Huntington Beach Firemen's Assoc., Inc., etc. vs.
City of Huntington Beach, etc., Cape Number M-1627, and a copy of
such dismissal with prejudice shall be served upon the office of
the City Attorney. This agreement shall not be effective until such
dismissal with prejudice is filed and entered in said action.
IN WITNESS HEREOF, the parties hereto have caused this (/
Memorandum of Agreement to be executed this 2� day of 2yL /
,
1971.
HUNTINGTON BEACH FIREMEN'S
ASSOCIATION, INC.
APPROVED A 'fi0 FORM:
DON P. BONFA, City At rney
CITY OF HUNTINGTON BEACH
1377 /
APPROVED AS TO FORM:
JEROME G. C LTON, Attorney
for Association
U.
CITY OF HUNTINGTON BEACH
PERSONNEL DEPARTMENT
FIRE EDUCATION INCENTIVE PLAN
July 1, 1971
EDUCATIONAL CONTINUING ANNUAL HBFD MONTHLY
INCENTIVE EDUCATION YEARS OF
LEVEL UNITS REQUIRED (Units) TENURE DEGREE AMOUNT
I Cert. in Fire 6 1 $ 50
Science or 30
Units
II 60 6 (3 req'd. if 2 70
AA)
III 90 3 3 AA Fire Science 90
IV 120 3 (No req'mt. 5 110
if BA or BS)
STIPULATIONS:
1. Applicable through Division Chief.
2. Special courses, approved in advanc e by the Education Com-
mittee and Department Head, eligible for units on basis of 18 hours
instruction or one unit.
3• Certification and pay to begin first day of month after approval
of Department Head and Education Committee.
4. Degree majors to be in Public Administration, Fire Protection
Engineering or other closely related fields to be approved in advance,
by Education Committee and Department Head.
5. Courses to be related to job or general education requirements
for degree objective as approved by educational institution for degree
program.
6. Ten of 30 and 20 of 60 units must be approved, Fire Science or
Fire Administration. Same as general education requirements. (Approved
Bachelor Program may qualify for item 6).
7. Special courses shall not constitute more than 1/3 of total
unit credits.
8. This program shall be renegotiated when the proposed new State
Professional Standards System is adopted.
9. All courses of programs above an AA Degree must be approved in
advance by the Education Committee and Department Head.
10. All college units require grade of "C" or better to qualify.
11. Obtaining transcripts or other acceptable documentation is
the employee's responsibility.
12. The six units of annual education required will be satisfied
by tht employee taking two approved courses.
1 39. Units P.ArnPrl slnrr 7aniiany 1, 1971 may bo uood to oaLlofy Glie
Cor, inual Annual Education Requirements.
14. The Education Committee shall be composed of three members,
one appointed by the Association, one appointed by the Fire Chief and
the Personnel Director or his designate.
EXHIBIT "A"
�C�fIB/T
4777 SUNSET BOULEVARD LOS ANGELES, CALIFORNIA 90027
City of Huntington Beach
Huntington Beach Civic Center
Huntington Beach, Calif. 90255
October 22, 1973
Group Number: 84394A
Contract Code 5620
Gentlemen:
i'
We are happy to forward your new ue Cross group contract confirming
the revised benefits for your enrolled employees.
We suggest that this enclosed contractual agreement be filed in a safe
and accessible place at your headquarters office so as to be available
to any group member for reference.
To eliminate any misunderstanding or confusion, we also suggest that all
previously issued contractual papers be destroyed so that only this new
and current agreement will be at hand to indicate the benefits and terms
now in force.
We shall welcome the opportunity to answer any questions you may have
concerning your new contract.
Sincerely,
Underwri ing De rtment
Enclosure
AJ/yl
Telephone: 666-3489
M
462 4/70
GROUP HOSPITAL AND PROFESSIONAL
SERVICE AGREEMENT
ISSUED BY
HOSPITAL SERVICE OF SOUTHERN CALIFORNIA
LOS ANGELES, CALIFORNIA
In consideration of payment of subscription charges in the amount and manner herein provided, Ilospital Service of Southern
California, a non-profit hospital service plan herein called the "Service"
HEREBY AGREES
to furnish benefits as herein defined to eligible employees and their eligible family members, of
CITY OF HUNTINGTON BEACH
(herein called the "Employer")
according to terms and conditions of this Agreement.
Nothing contained in this Agreement shall in any manner restrict or interfere with the right of any individual entitled to
service and care to select the Contracting Hospital, Contracting Extended Care Facility or to make a free choice of his
attending physician or surgeon who shall be the holder of a valid and unrevoked physician's or surgeon's certificate and who
is a member of, or acceptable to, the attending staff and Board of Directors of the facility in which services -are to be provided
and rendered.
Payment of benefits herein shall not be construed as regulating the fee which a physician or surgeon may charge for his
services or as attempting to evaluate his services.
PART I. DEFINITIONS
A. A "Subscriber" is the eligible Q In ut dt w ors of r# a of.. I Employer whose application for benefits
hereunder has been accepted by,t�i�jceid���eJ;J g���'lc�i�o� Card is issued by the Service.
B. An eligible "Family Member" �s. 4o Subs :ib p jrom idcd, icl,spp w is under sixty-five years of age, or any
unmarried child of either or 6_qt tfdei tlijt, er��ess� oih�rwise specified herein, as listed on the
application completed by the Subscriber.
C. A "Legally Operated Hospital" is an institution operated in accordance with the laws of the jurisdiction in which it is
located pertaining to institutions identified as hospitals and which, for compensation from its patients and on an inpatient
basis. is primarily engaged in providing diagnostic and therapeutic facilities for surgical and medical diagnosis, treatment
and care of injured and sick persons by or under the supervision of a staff of licensed physicians or surgeons, and which
continuously provides twenty-four hours a day nursing service by registered graduate nurses. It shall specifically exclude
care provided by any institution or any affiliate or unit of a legally operated hospital which is primarily a place of rest, a
place for tile aged, a nursing or convalescent home, or a facility operated by the Federal Government or any agency
thereof.
D. A "Contracting Hospital" is a legally operated hospital which, at time of admission under the terms of this Agreement, has
a contract in effect with the Service to furnish hospital care to eligible Subscribers and their eligible family members. A list
of Contracting Hospitals is available on request.
E. A "Contracting Extended Care Facility" is a legally operated nursing or convalescent home or extended care unit of a
legally operated hospital which, at time of admission under the terms of this Agreement, has a contract in effect with the
Service to furnish extended care to eligible Subscribers and their eligible family members. It shall specifically exclude any
institution which is primarily a place of rest, a place for the aged or a facility operated by the Federal Government or any
agency thereof. A list of Contracting Extended Care Facilities is available on request.
F. A "Physician" or "Surgeon" is one who is duly licensed (1) to prescribe and administer drugs, and (2) to perform surgery
within the scope of his license.
G. The "Effective Date" is the date on which this Agreement becomes effective. It appears on the Subscriber's Identification
Card.
H. A "Calendar Year" is the twelve-month period commencing January I st of each year at 12:01 A.M., standard time of Los
Angeles, California.
1. The masculine gender includes the feminine in context.
ENDORSEMENT TO
GROUP HOSPITAL AND PROFESSIONAL
SERVICE AGREEMENT
GR-1 (7--63)
ISSUED BY
HOSPITAL SERVICE OF SOUTHERN CALIFORNIA
(HEREIN CALLED THE "SERVICE'')
CITY OF HUNTINGTON BEACH
It is expressly understood and agreed by and between the Employer and the Service that the Group Hospital and Professional
Service .Agreement held by the Employer be modified and amended to strike out and delete any and all limitations set forth
therein in respect to the exclusion from benefits of any Subscriber or family member attaining age sixty-five (65), and in lieu
thereof substitute as a replacement Section under PART VI, GENERAL LIMITATIONS, of the Agreement the following:
In consideration of the program established by Title I of Public Law 89-97 (19 Statutes 286-343), which Title I contains a
new Title XVIII of the Social Security Act which is cited as the Health Insurance For The Aged Act and commonly referred
to as "Medicare," all benefits under this Agreement, anything in such Agreement to the contrary notwithstanding, shall be
modified in respect to the Subscriber or family member who is sixty-five (65) years of age or over to the extent that said
benefits shall be reduced by the amount of payment furnished to such Subscriber or such family member under said Title
XVlll, Parts A and 13.
Effective July 5, 1973
HOSPITAL, SERVICE OF SOUTHERN CALIFORNIA
L�A�Secretary President
PART II.. TERM OF AGREEMENT
This Agreement will become effective on July 5, 1973 at 12:01 -A.M., standard time of Los
Angeles, California, and will remain in effect for an initial term of twelve consecutive months, subject to the payment of
subscription charges as determined by the Service, and. subject to the right of the Service to change the amount of
subscription charges on thirty days' written notice to the Employer, the change becoming effective on the date fixed in the
notice. Thereafter, it will be renewed automatically on a monthly basis, subject to the right of the Service to terminate or
modify it, including the right to change subscription charges, on thirty days' written notice to the Employer. Termination or
modification shall be effective on the date fixed in the notice, but shall not affect the right to benefits provided hereunder in
connection with any confinement commencing prior to such date. This Agreement may be terminated by the Employer
upon written notice_ to the Service. the termination becoming effective on the first monthly anniversary of the effective date
following receipt of such notice by the Service.
PART III. ELIGIBILITY AND RECORDS
A. Eligible employees shall be all full—time permanent employees.
The "Family Member" definition will be expanded to include an unmarried child to
age twenty—three who is fifty percent or more dependent upon his parent(s) for
subsistence and support.
1 . Each eligible employee in active employment during the initial enrollment period shall be entitled to make application
for coverage for himself and his eligible family members.
2. Each new employee, entering employment subsequent to the initial enrollment as set forth in Sub -section 1. above,
shall be permitted, when he becomes eligible, to apply for coverage for himself and his eligible family members, subject
to the enrollment regulations in effect with the Employer.
B. The Subscriber may add, upon notice to the Service, other eligible family members, subject to the enrollment regulations
in effect with the Employer. Immediate coverage will be provided from and after the moment of birth for each newborn
child of a Subscriber covered by a "Subscriber and one or more dependent" type contract without requiring evidence of
insurability. Fxtension of coverage for any condition commencing beyond thirty-one days from the date of birth of a
newborn child of a Subscriber covered under a "Subscriber and one dependent" type contract shall be contingent upon
application to the Service by the Subscriber in respect to each newborn child provided such application is made within
sixty days from date of birth of the child in accordance with the enrollment regulations.
C. Family members become ineligible under the following circumstances:
I When the Subscriber becomes ineligible;
2. When a child attains the age of nineteen years, or upon prior marriage, except that:
a. In respect to an unmarried child attaining the age of nineteen years, should he continue to be dependent upon his
parent(s) to the extent of not less than fifty percent for his subsistence and support, his eligibility for benefits
hereunder shall continue while he remains in such status until he attains age twenty-three;
b. In respect to an unmarried child attaining the age of nineteen years, or twenty-three years when qualifying as set
forth in Paragraph a. above, should he at such time be incapable of self-sustaining employment by reason of mental
retardation or physical handicap and continues to be dependent upon his parent(s) to the extent of not less than
fifty percent of his subsistence and support, his eligibility for benefits hereunder shall continue regardless of his age
while he remains in such status. The Subscriber shall submit to the Service such evidence as is required to substan-
tiate such dependent's incapacity and dependency within thirty-one days of the dependent's attainment of age
nineteen years or twenty-three years whichever is applicable, and periodically thereafter as may be required by the
Service, but not more frequently than annually after a two year period following such dependent's attainment of the
aforementioned age limitation. Determination of eligibility by the Service shall be conclusive.
3. A spouse (a) on the first of+ th (m g �bt'�9 g MJVWfhe attains age sixty-five or on the date he
becomes eligible for Medicar hi heve c u f' t, b tf�A i al decree of divorce or annulment.
The child, or spouse upon entry of final decree of divorce or annulment, may, upon notice to the Service within fifteen
days of the date on which the change in status occurs, apply as a Subscriber for available Group Conversion Agreements on
the basis and at such subscription charges as are then in effect for such categories.
D. The Service shall issue to the Employer for delivery to each Subscriber an individual Certificate, setting forth a statement
of benefits to which the Subscriber and his eligible family members are entitled, and an Identification Card showing the
effective date thereof.
GR-1 (Rev.12-72) Page 2A
PART IV. SUBSCRIPTION CHARGES
The Employer shall pay to the Service, monthly in advance, all subscription charges of its employees who are Subscribers, as
set forth below:
Monthly Charges
Individual Male . . . . . . . . . . . . . . . . . . . . . . . . $ 1ti.03
Individual Female . . . . . . . . . . . . . . . . . . . . . . 18.03
Male Subscriber and one Family Member . . . . . . . . . . 47.0
Female Subscriber and one Family Member 47.08
Male Subscriber and two or more Family Members . . . . 55.81
Female Subscriber and two or more Family Members . . . . 55.81
Subscription charges may be changed by the Service on at least thirty days' written notice to the Employer prior to the date
of such change, and payment of any installment of subscription charges as changed shall constitute acceptance of this change.
A grace period of five days shall be allowed for the payment of subscription charges during which this Agreement will remain
in effect. Should the Employer fail to pay any installment of subscription charges, this Agreement shall terminate without the
necessity of notice to the Employer or Subscriber and shall be of no further force or effect.
PART V. CONDITIONS UNDER WHICH CARE WILL BE FURNISHED
IN A HOSPITAL OR EXTENDED CARE FACILITY
Care, as herein defined, will be furnished in any legally operated hospital or extended care facility under the following
conditions:
A. Care shall be furnished for illness or accident, but limited to those items of care furnished and billed by the hospital or ex-
tended care facility which are necessary for treatment of the condition requiring such care.
13. The attending physician or surgeon must certify that bed care is necessary.
C. Admission must occur on or after the Subscriber's or family member's effective date hereunder.
D. The Service shall provide care only in Contracting Hospitals or Contracting Extended Care Facilities except that, should
care be required in an institution which is not contracting with the Service, benefits will be provided as follows:
.1. Within the service area of the Service, payment toward the regular charges of a legally operated hospital for eligible care
will be as follows:
a. For illness, payment will be made up to an allowance equivalent to seventy-five percent of the benefits payable in
accordance with the provisions of PART IX. hereof.
h. For accidents requiring emergency confinement, payment will be made in accordance with the provisions of PART
IX. hereof.
2. Outside the service area of the Service, in a legally operated hospital or an extended care facility accredited by the Joint
Commission On Accreditation Of Hospitals, benefits will be as follows:
a. Payment will be made in accordance with the provisions of PART IX. hereof, or
b. Under the terms of the Inter -Plan Benefit Bank (a reciprocal arrangement among certain Blue Cross Plans). Accept-
ance of these benefits will be in lieu of benefits under Sub -section 2, Paragraph a. above.
E. The Subscriber's Identification Card must be presented at time of admission or during the confinement stay. If such is not
done because of factors beyond the control of the patient, benefits will be allowed only if claim is made within ninety
days from date of admission or thirty days from date of discharge, whichever is later, accompanied by a receipted bill and
such supporting statements as are necessary to establish the claim.
F. Days of care under the above provisions shall be counted against total days of care available under this Agreement.
GR-I (4-68) Page 3C
PART V1. GENERAL LIMITATIONS
The Service shall not be required to furnish any benefits in connection with:
A. Admissions primarily for diagnostic study when inpatient bed care would not otherwise have been required, unless
otherwise specified herein.
B. Any condition for which benefits of any nature are recovered or found to be recoverable, whether by adjudication or
settlement, under any Workmen's Compensation or Occupational Disease Law, even though the Subscriber or family
member fails to claim his rights to such benefits.
C. Services or supplies for which the Subscriber or family member is not legally required to pay.
D. Services or supplies for which no charge is made.
E. Care or treatment obtained from, or for which payment is made by, any United States Federal or foreign government
agency.
F. Treatment on or to the teeth, extraction of teeth, treatment of dental abscess or granuloma, dental examinations, or
treatment of gingival tissues (gums) other than for tumors, except as specifically provided for under Extended Benefits, if
such benefits are included in this Agreement.
G. Cosmetic surgery, unless performed for correction of functional disorders or as a result of accidental injury occurring
while the individual is covered hereunder.
H. Conditions caused by or arising out of an act of war, armed invasion or aggression, or any illness or injury occurring after
the effective date of this Agreement and caused by atomic explosion or other release of nuclear energy, whether or not
the result of war.
I. Childbirth delivery, nursery care of a newborn child or any condition arising from pregnancy, except ectopic pregnancy,
during the period of pregnancy and forty-five days following delivery except as specifically provided herein.
J. In the event a Subscriber or family member was covered by a prior Certificate or Agreement with the Service which is
superseded by this Agreement, any benefits paid under the provisions of the prior Certificate or Agreement will be
considered as a charge against the benefits payable under this Agreement.
K. Any services furnished by an institution which is primarily a place of rest, a place for the aged, a nursing or convalescent
home or any institution of like character, unless otherwise specifically provided herein.
L. Custodial care.
M. In consideration of the program established by Title I of Public Law 89-97 7 SJ�a
es 286 343), which Title I contains a
new Title XVIII of the Social SecurityAct which is cited Ff� 4n uce For The Aged Act and common)
referred to as "Medicare," all benefits and l is���jj} 5` in such Agreement to the contrary
notwithstanding, shall cease in res the u� �'lbt rrfamily member as of 12:01 A.M., standard time of Los
Angeles, California, on the first ofeith iliediately preceding the date that he attains age sixty-five, or on the date
he becomes eligible for Medicare, whichever occurs first.
PART VI. I. COORDINATION OF BENEFITS
A. All of the benefits provided under this Group Agreement are subject to the following provisions and limitations,
notwithstanding any provisions of this Group Agreement to the contrary.
B. Definitions
1. "Plan" means any plan, contract or, policy providing benefits or services for or by reason of hospital, surgical, or
medical care or treatment, which benefits or services are provided by (a) group, (b) group Hospital or medical service
organization, group practice, or other type of group service prepayment coverage, (c) any group coverage under labor
management t-rusteed plans, union welfare plans, employer organization plans, or employee benefit organization
plans, (d) any coverage under any governmental program, or any coverage required or provided by any statute "other
than individual policies or contracts", (e) any group student coverage provided, or sponsored, by a school or other
educational institution.
2. "This Agreement" means the contract between the Service and the Employer of which this provision is a part. To the
extent legally possible, it shall have the. same meaning as Plan.
3. "Covered Services" means any necessary, reasonable and customary item of hospital or medical expense incurred,
where at least a portion of said incurred expense is covered under one or more of the plans covering the person for
whom claim is made or service rendered. To the extent legally possible, "covered services" shall be synonymous with
allowable expense.
GR•1 (4-68) . Page 4C (1)
COORDINATION OF BENEFITS (continued)
4. "Claim Determination Period" is a period beginning with any January 1st and ending at 12 o'clock midnight on the next
succeeding December 31st, or that portion of such period during which the covered individual was covered under this
Agreement. However, should this Agreement specify a benefit year which does not coincide with the standard calendar
year, then the "claim determination period" will coincide with, and run concurrently with, the stated benefit year or that
portion of such benefit year during which the covered individual was covered under this Agreement.
5. "Covered Individual" means the Subscriber or family member eligible for covered services under this Agreement.
C. Effect on Benefits
1. For any claims determination period to which this provision is applicable, the services due and the benefits that would be
payable under this Agreement in the absence of this provision for the allowable expenses incurred during such claim
determination period shall be reduced to the extent necessary so that the sum of (a) such reduced benefits and (b) all the
benefits payable for such allowable expenses under all other Plans shall not exceed one hundred percent of Covered Services
under all Plans.
2. The services due or the benefits payable under this Agreement shall be reduced in accordance with the foregoing
Sub -section 1. when the covered individual's other Plan:
a. does not contain a coordination of benefits provision similar to this, or
b, the other Plan has a coordination of benefits provision similar to this, and
(1) this Agreement covers the individual as a dependent while the other Plan covers him as an employee; or
(2) this Agreement covers the individual as the child of a female Subscriber while the other Plan covers him as the child
of a male employee; or
(3) this Agreement covers the individual as a Subscriber while the other Plan covers him as an employee, and the other
Plan has covered him for a longer period of time.
3. The Service shall not be required to determine the existence of any Plan, or the benefits payable under any Plan, when
computing the services or benefits due any covered individual under this Agreement. The services due or the benefits
payable under this Agreement shall be affected only to the extent that other Plan information is supplied by the Employer,
the covered individual, any supplier of covered services hereunder, or any other organization or person.
4. When a Plan provides benefits in the form of services rather than cash payments, the reasonable cash value of each service
rendered shall be deemed to be both a covered service and a benefit paid. The reasonable cash value of any services provided
to the covered .individual by any service organization shall be deemed an expense incurred by said individual, and the
liability of the Service.under this Agreement will be reduced accordingly.
D. Facility of Payment
Whenever payments which should have been made under this Agreement in accordance herewith have been made under any
other Plans, the Service shall have the right, exercisable alone and in its sole discretion, to pay over to any organizations making
such other payments, any amounts it shall determine to be warranted in order to satisfy the intent of this provision. Any
amounts so paid shall be deemed to be benefits paid under this Agreement and to the extent of such payments, the Service shall
be fully discharged from liability under this Agreement.
E. Right of Recovery
Whenever payments for covered services have been made by the Service and said payments exceed the maximum amount of
payment necessary to satisfy the intent of this provision, irrespective of to whom paid, the Service shall have the right to
recover such excessive amounts from any persons to, or for, or with respect to whom such payments were made, or from any
Insurance Company, or any other organizations or persons.
F. Right to Receive and Release Necessary Information
For the purpose of implementing this provision and in the interest thereof, the Service may release or obtain any information
deemed to be necessary with respect to any person claiming benefits under this Agreement. Such information may be released
or obtained without the consent of', or notice to, the covered individual or any other person or organization.
PART VII. CONVERSION PRIVILEGE
If the Subscriber ceases to be employed by the Employer, and after the payment of at least one installment of subscription charges
in the manner prescribed for the Employer, his individual Certificate shall terminate automatically without notice, but he shall be
entitled, upon notice to the Service within fifteen days from the date of termination of employment, to make application for a
Group Conversion Agreement on the basis and at such subscription charges as are then in effect for such category. However, should
the Subscriber remain in the employ of the Employer, his individual Certificate shall terminate automatically without notice on the
earliest of the following dates:
A. The date of expiration of the period for which the last monthly subscription charge is paid.
B. Upon the date of termination of this Agreement.
GR-I (4-68) Page 4C (2)
PART VIII. GENERAL PROVISIONS
A. This Agreement, the application of the Employer and the individual applications of the employees, if any, shall constitute
the entire agreement between the parties and all statements made by the Employer or by any individual Subscriber shall,
in tite absence of fraud, be deemed representations and not warranties, and no such statement shall be used in defense to
a claim under this Agreement unless it is contained in a written application.
B. If this Agreement is terminated by the Employer or the Service, all individual Certificates issued to Subscribers hereunder
shall be terminated, and no Subscriber shall be entitled to continue his individual Certificate in force or make application
for a Group Conversion Agreement under the conversion privilege.
C. This Agreement is not in lieu of and does not affect any requirement or coverage by Workmen's Compensation Insurance.
D. Subject otherwise to the conditions and limitations set forth herein, if the Subscriber or family member uses the services
of a licensed chiropractor or psychologist, performed within the scope of his license, and payment for such services would
have been provided by this Agreement if performed by a physician or surgeon, then such services shall be treated as though
they had been performed by a physician or surgeon for the purposes of determining benefits hereunder.
E. The Service shall not have the right to cancel or terminate any individual Certificate issued to any Subscriber hereunder
while this Agreement remains in force and effect and while said Subscriber remains in the eligible class of employees of
the Employer and his subscription charges are paid in accordance with the terms hereof.
F. None of the terms or provisions of the charter, constitution or by-laws of the Service shall form a part of this Agreement
or be used in the defense of any suit hereunder unless the same is set forth in full herein.
G. This Agreement shall terminate if at any time the number of Subscribers covered hereby shall not meet the enrollment
regulations of the Service.
E1. Each Subscriber or family member consents to and authorizes a doctor, hospital or extended care facility to permit the
examination and copying of any portion of his hospital or medical record requested by the Service in connection with
processing a claim.
1. The Employer shall not be responsible for tale furnishing of hospital care nor for the quality thereof.
J. If the Subscriber or family member shall have duplicate coverage with the Service, benefits shall be limited to those
provided by the greater coverage.
K. No person other than the Subscriber or family member is entitled to receive hospital care or other benefits to be
furnished by the Service under this Agreement. Such right to hospital care or other benefits is not transferable.
L. No agent of the Service is authorized to change the form or content of this Agreement except to make necessary and
proper insertions in blank spaces, other than by endorsement issued to form a part hereof and over the signature of an
officer of the Service. '
M. The hospitals (or extended care facilities if such benefits are included in this Agreement) furnishing care or other benefits
to the Subscriber or family member do so as independent contractors with the Service, and the Service shall not be liable
for any claim or demand on account of damages arising out of or in any manner connected with any injuries suffered by
the Subscriber or family member while receiving care in any hospital or extended care facility.
N. Benefits hereunder will be allowed only if notice of claim is made within ninety days from the date on which covered
expenses were first incurred, unless it shall be shown not to have been reasonably possible to give notice within -such time
limit and that such notice was furnished as soon as was reasonably possible, but in no event shall benefits be allowed if
,notice of claim is made beyond one year from the date on which expenses were.incurred.
0. Any notice required of the Service shall be deemed to be sufficient if mailed to the Employer at the address appearing on
the records of the Service; and, if required of the Employer, if mailed to the principal office of the Service in Los Angeles,
California.
IN WITNESS WEIEREOF, the Service has caused this Agreement to be signed by its officers thereunto duly authorized as of
the effective date hereof.
HOSPITAL SERVICE OF SOUTHERN CALIFORNIA
Secretary
President
CD 1 lD.,, 1 t 711 D.,..o CD
PART IX. BENEFITS
HOSPITAL CARE
Hospital care, as used in this Agreement, means and is limited to:
Days of Care
Hospital care shall be furnished to the Subscriber or family member up to an aggregate period of one
hundred days for each period of disability, which means a continuous hospital stay or series of stays where
the dates of discharge and readmission are separated by:
a. Less than four weeks where the Subscriber is the patient.
b. Less than ninety days where the family member is the patient.
However, should readmission to a hospital be required as a result of accidental injury occurring during the four -week of
ninety -day period referred to above, such readmission shall constitute a new period of disability.
2. Daily Hospital Service or intensive care accommodations,
One hundred percent of charges for use of a hospital room of
two or more beds�ncluding meals, services of dietitian and general nursing care.
If private accommodations are used, the Subscriber or family
member shall be entitled to an allowance equal to
one hundred percent of the
hospital's minimum charge for room accommodations of two or more beds.
3. Other Hospital Services
The following services shall be provided during the funishing of eligible days of hospital care to the extent of
one hundred percent of the hospital charges therefor:
a. Use of operating and cystoscopic rooms.
b. Surgical and anesthetic supplies.
c. Ordinary casts, splints and dressings.
d. Oxygen and all drugs and medications listed and accepted in the "United States Pharmacopoeia," "National
Formulary" or "New and Non -Official Remedies" at the time they are prescribed and used during the furnishing of
hospital care.
e. Administration of blood or blood plasma, but not including the cost of blood or blood plasma.
f. Laboratory and X-ray examinations, electrocardiograms, basal metabolism tests, physiotherapy and hydrotherapy.
4. Other Hospital Benefits
a. The Subscriber or family member shall be entitled to an allowance of one hundred percent of charges listed in Sub-
section 3. above in the outpatient department of a Contracting Hospital for emergency care treatment of injury
within seventy-two hours after an accident.
b. The Subscriber or family member shall be entitled to an allowance of one hundred percent of charges for services
listed in Sub -section 3. above, furnished in the outpatient department of a Contracting Hospital in connection with
surgical treatment requiring use of operating facilities.
GR-I (Rev. 9-71) HOSP — 6A
PART IX. BENEFITS
EXTENDED CARE FACILITY BENEFITS
Extended care facility benefits, as used in this Agreement, means and is limited to:
1. Days of Care
When care is provided in an extended care facility, as defined herein, the Subscriber or family member will be entitled to
benefits for each period of disability for a period of time not to exceed the unused days for such period of disability for
care provided herein in a legally operated or Contracting Hospital.
2. Room Accommodation
One hundred percent of charges for use of a room of two or more
beds, including meals, services of dietitian and general nursing care. If private
accommodations are used, the Subscriber or family member shall be entitled to an allowance equal
t0
one hundred percent of the facility's minimum charge for room
accommodations of two or more beds.
3. Other Services
The following services shall be provided during the furnishing of eligible days of hospital care to the extent of
one hundred percent of the facility's charges therefor:
a. Use of special treatment rooms.
b. Ordinary casts, splints and dressings, surgical and anesthesia supplies.
c. Oxygen and all drugs and medications listed and accepted in the "United States Pharmacopoeia," "National
Formulary" or "New and Non -Official Remedies" at the time they are prescribed and used during the furnishing of
care.
d. Administration of blood or blood plasma, but not including the cost of blood or blood plasma.
e. Laboratory and X-ray examinations, electrocardiograms, basal metabolism,tests, physiotherapy and hydrotherapy.
4. For the determination of the amount of benefits payable under Sub -sections 2, Room Accommodation, and 3, Other
Services, any inpatient hospital days or benefits used in a "Legally Operated Hospital" or "Contracting Hospital" or
"Extended Care Facility" during the same period of disability, as defined in this Agreement, for hospital inpatient care
shall be considered as a prior charge against the benefits available in the extended care facility during such period of
disability.
Also, any days or benefits used in the extended care facility shall be considered as a prior charge against any subsequent
inpatient hospital days available under this Agreement during the same period of disability.
No benefits will be payable in an extended care facility located within the service area of the Service which does not have in
effect at the time of admission a contract with the Service to furnish care to eligible Subscribers and their eligible family
members.
GR-1 (4-68) HOSP — 6K
PART IX. BENEFITS
PROFESSIONAL BENEFITS
SURGICAL BENEFITS
Surgical service is defined as operative and cutting procedures for treatment of diseases and injuries, and reduction of
fractures and dislocations. The Service sliall pay for expense incurred for surgical services which are rendered by a licensed
physician or surgeon to the Subscriber or family member up to the sum of money as set forth in the following schedule
opposite the name of the specific surgical service rendered, subject to the following:
a. Surgical service must be performed on or after the Subscriber's or family member's effective date of coverage
hereunder, unless such person is already hospitalized prior to such date, in which event surgical service will not be
provided until after such person has been discharged from the hospital.
b. The Service shall pay for expense incurred for surgical services which are rendered by an assistant surgeon, other than
a hospital intern, resident or house officer, to the Subscriber or family member an allowance not to exceed twenty
percent of the amount payable for the primary surgeon, or a value of seven Units, whichever is the greater, but in no
event will assistant surgeon benefits be payable when primary surgeon benefits are not payable.
c. All surgical benefits are subject to the following:
(1) The value of each Unit will be $8.00.
(2) If more than one surgical service is performed:
(a) At different times due to entirely unrelated causes, payment is made for each procedure;
(b) At different times due to same or related causes, but within a period of three months, the maximum payment
with respect to the primary surgeon sliall be two hundred times the above stated Unit Value;
(c) At the same time in same operative area, payment is made only for the major procedure;
(d) At the same time in different operative areas, maximum payment is made for the major procedure plus
one-half of the allowance for the minor procedure providing for the next greatest allowance but not to exceed
with respect to the primary surgeon a total of two hundred times the above stated Unit Value.
(3) To determine the maximum allowance for any service, the Relative Value Units indicated in the surgical schedule
will be multiplied by the value of each Unit as previously designated. For all surgical services not listed herein, the
Service shall determine payment on the basis of the most nearly comparable service listed.
d. Benefits for Cesarean section or miscarriage, if included in the following fee schedule, or any other surgical procedure
for a condition arising out of pregnancy, will be available only to the Subscriber or spouse subject to the same
eligibility and waiting period requirements set forth herein for "Hospital Obstetrical Care."
GR-I (Rev. 4-68) SURG — 8G
FEE SCHEDULE (RV64) X
To determine the maximum allowance for any service, the
Relative Value Units indicated below will be multiplied
by the value of each Unit as previously designated.
The Units appearing in the Anesthesia column repre-
sent basic values. To these will be added Time Units
representing the actual time spent administering the
anesthesia. Time Units will be based on 1 Unit for each
quarter hour or major part thereof.
Where an asterisk (*) appears and when such procedure
requires inpatient hospitalization, an additional 2 Units
are allowed for the surgery.
UNITS
ABDOMINAL
Appendectomy...................................................
Appendiceal abscess, drainage .....................
Cholecystectomy.............................................
Cholecystotomy or cholecystostomy ..............
Colectomy,partial, including colostomy,
if necessary .................................................
Enterestomy with anastomosis .......................
Enterostomy or colostomy ..............................
Esophagoscopy, diagnostic, without biopsy
with biopsy......
Gastrectomy, subtotal .....................................
total............................................
Gastrorrhaphy: suture of perforated gastric
ulcer, wound or injury ..........
Gastrostomy......................................................
Gastrotomy........................................................
Hernioplasty: Herniorrhaphy: Herniotomy:
Femoral, unilateral ....................................
bilateral ......................................
Inguinal, unilateral ....................................
bilateral ......................................
Laparotomy, exploratory:
exploratory celiotomy................................
Paracentesis, initial ......................... .............
Peritoneoscopy................................................
Splenectomy......................................................
BLOOD VESSELS AND HEART
Injection of sclerosing solution
into vein of leg, one ..................................
two or more injections, same leg ............
Ligation and division of long saphenous
vein at saphenofemoral junction,
with or without injection ............................
Ligationand division and complete stripping
of long or short saphenous veins,
unilateral..._.................................................
bilateral........................................................
Ligation and division of:
Short saphenous vein at
saphenopopliteal junction ....................
Minor varicose vein of leg, initial............
subsequent ............
Myocardial aneurysm, repair ..........................
Pericardiectomy................................................
Pulmonary -aortic anastomosis ........................
BONE, JOINT AND TENDON
Amputation:
Foot.............................................................
Hand, wrist or forearm ...............................
Surg. Anes.
40 4
30 4
60 5
50 5
80 5
70 4
50 4
15 4
20 4
80 6
100 6
50 6
40 5
50 5
35 3
52r/i 3
35 3
521'' 3
40 4
* 4 0
15 0
60 6
*1 0
*2 0
20 3
30 3
50 3
12 %z 3
5 0
3 0
200 15
120 15
150 15
35 3
40 3
Arthrodesis:
Elbow..........................................................
Hip.................................... ;...........................
Wrist..............................................................
Arthroplasty:
Elbow............................................................
Hip................................................................
Wrist..............................................................
Bunion operation, Silver type ........................
Cartilage, semi -lunar,
removal of detached ....................................
Exostoses, removal of:
small bones ..........:.......................................
large bones ..................................................
Ganglion, excision of lesion of tendon
or sheath, digits only ................................
Intervertebral disc, excision ..........................
with spinal fusion..........
BREAST
Mastectomy, partial (incl. deep tumor)
unilateral ..................................
bilateral ....................................
simple, unilateral ......................
radical, unilateral ......................
Mastotomy with exploration, or drainage
of deep abscess ..........................................
CHEST
Bronchoscopy, diagnostic ..............................
with biopsy ............................
with foreign body removal....
Decortication....................................................
Diaphragmatic hernia repair, transthoracic
Lobectomy.........................................................
Pneumonectomy, total ......................................
Pneumothorax: intrapleural injection of air,
initial ....................................
subsequent ...........................
Thoracentesis, initial ......................................
Thoracoplasty: first stage ..............................
second stage ........................
third stage ............................
Thoracoscopy, diagnostic, with or
without biopsy ........................ :...................
Thoracotomy, exploratory, with or
withoutbiopsy ............................................
DISLOCATIONS (SIMPLE,
CLOSED REDUCTION)
Finger: one, one or more joints ......................
Toe: one, one or more)oints ..........................
multiple joints and, or toes ........................
Patella................................................................
Elbow................................................................
Wrist or carpal: one bone ................................
more than one bone ................
Ankle..................................................................
Hipor knee ... ....................................................
EAR, NOSE AND THROAT
Adenoidectomy, primary ..................................
Antrum, Caldwell -Luc, unilateral ..................
bilateral ....................
Antrum puncture unilateral ..............................
Ethmoidectomy, unilateral ..............................
Fenestration of semicircular canal ................
Hemi-laryngectomy..........................................
UNITS
Surg. Anes.
70 3
100 5
60 3
80 3
100 5
80 3
20 3
50 3
25 3
40 3
10 3
90 7
120 7
15 3
25 3
30 3
70 3
10 3
15 4
20 4
25 4
100 . 11
80 11
100 11
100 11
* 5 0
* 2 0
* 3 0
60 6
30 5
30 5
20 4
50 11
* 3 3
* 2 0
7 3
* 3 0
* 5 3
* 5 3
* 7 3
10 3
20 3
10 3
50 3
65 3
* 2 0
30 3
100 6
60 6
GR-1 (7-63) SURG — RV64X(t)
Laryngectomy, without neck dissection........
with neck dissection............
Laryngoscopy, direct, diagnostic ..................
with biopsy ............................
with removal of tumor...........
Mastoidectomy, simple ....................................
Nasal -antral window, unilateral ....................
bilateral ......................
Nasal polyp, excision, single ........................
,Septectomy, submucous resection ..................
Tonsillectomy and adenoidectomy
under 18 years ..........................................
Trache0omy...................................................
EYE
Cataract removal, unilateral ..........................
Chalazion, incision or excision, single........
multiple, same lid............
multiple, different lids....
Corneal ulcer, cautery ...................................
Dacryocystorhinostomy....................................
Enucleation of eye ..........................................
Foreign body, removal from interior of eye,
with or without operative incision............
Lachrymal duct stenosis, probing ..................
Lachrymal sac, removal ..................................
Pterygium..........................................................
Strabismus, one stage, one or both eyes......
FRACTURES (SIMPLE,
CLOSED REDUCTION)
Astragalus........................................................
Clavicle............................................................
Femur, shaft ......................................................
Finger................................................................
Forearm: one bone, shaft ................................
both bones, shaft ............................
Leg: Tibia, shaft ..............................................
Tibia and Fibula ....................................
Metacarpal........................................................
Metatarsal..........................................................
Oscalcis..........................................................
Tarsal (except astragalus and os calcis) ....
Toe....................................................................
The amounts shown are for simple, closed
reductions. If the fracture is compound or
requires an open operation, an additional
allowance will be made.
GYNECOLOGY
Bartholin's gland, incision ............................
excision ............................
Cervix: Local excision of lesion ..................
Cauterization of ........................................
Amputation of ..............................................
Cul-de-sac, drainage ......................................
Cystocele repair ..............................................
Dilation and curettage, diagnostic or for
removal of uterine polyps ..........................
UNITS
Sug. Anes.
UNITS
Surg. Anes.
100
6
Fistula, rectovaginal or vesicovaginal,
140
6
closure..........................................................
60 5
10
4
Hysterectomy (including preliminary D R C),
15
4
subtotal........................................................
55 4
25
4
total..............................................................
60 4
50
4
for cancer, including complete gland
15
3
resection ..................................................
100 6
25
3
Hysteropexy...-.................................................
40 4
7
3
Myomectomy......................................................
50 4
30
3
Perineoplasty....................................................
15 3
Rectocele repair ..............................................
30 3
15
Urethral caruncle, removal ..............................
7 3
20
4
Vaginal plastic, including cystocele and
rectocele, with or without cervical repair
50 3
80 8 INFECTIONS AND WOUNDS
5 3 Abscesses, incision and drainage ................ * 2 3
6 3 Foreign body removal, incision ...................... * 2 3
7 3 Wound repair, recent wounds: up to 2!12" ...... * 2 3
5 0 for each additional inch ............................ * 1 3
70 5
40 4 NERVOUS SYSTEM
50
6
Brain cyst, neoplasm or abscess, excision:
* 3
3
supratentorial..............................................
125 9
50
4
suboccipital................................................
150 11
25
4.
Chordotomy........................................................
100 8
60
4
Encephalogram, introductionof material ......
10 5
Frontal lobotomy, by craniotomy, unilateral
40 9
Laminectomy (other than discs) ....................
100 7
Splanchnicectomy, unilateral ..........................
65 5
bilateral ............................
80 8
20
3
Trephination (or burr holes), exploratory,
15
3
unilateral......................................................
30 8
40
3
1%z
3
RECTAL
20
3
25
3
Abscess, perianal, incision and drainage ....
2 3
25
3
Fissurectomy, if done alone ..........................
20 3
30
3
Fistulectomy or fistulotomy, subcutaneous..
10 3
10
3
submuscular....
40 3
10
3
Fistulectomy, second stage ............................
10 3
20
3
Hemorrhoid, enucleation of external
10
3
thrombotic....................................................
* 3 3
5
3
Hemorrhoidectomy, internal and external ......
30 3
Proctectomy, complete, combined
abdomino-perineal, one or two stages ....
100 6
Proctoplasty or proctopexy, for stricture or
prolapse, perineal......................................
40 3
abdominal ....................................
60 5
Procto-sigmoidoscopy, diagnostic, initial ..
3 3
with biopsy, initial.
5 3
5
3
THYROID
20
3
3
3
Adenoma, excisi.on..........................................
40 5
* 3
0
Parathyroidectomy or exploration of
20
3
parathyroid ..................................................
70 5
* 3
3
Thyroglossal duct, cyst or sinus excision
45 4
35
3
Thyroidectomy, subtotal or partial ................
60 5
total or complete ..................
70 5
15
3
for malignancy with neck
dissection, limited ........
80 5
radical........
100 6
GR-l (7-63) SURG — R\164X(2)
UNITS
Surg. Anes.
TUMORS AND CYSTS
Cauterization or fulguration of local lesion,
single, small, depending upon type of
method and lesion .................................*
ly to 3 0
Excision of small neoplastic, cicatricial,
inflammatory or congenital lesion of
skin or subcutaneous tissues, one, by
size..............................................................
4 to 6 3
Parotid tumor, removal, superficial ..............
20 3
Parotid gland excision, total, with
preservation of facial nerve ......................
70 3
Pilonidal cyst or sinus, complete excision..
30 3
Sebaceous cyst (see lesions above)
URINARY SYSTEM
Cystestomy, partial ............................................
complete......................................
radical........................................
Cystostopy, office, diagnostic, initial ........
with ureteral catheterization
hospital, diagnostic ..................
with ureteral catheterization
withbiopsy ................................
Cystostomy with drainage ..............................
Cystotomy with fulguration ............................
Epididymectomy, unilateral ............................
Hydrocele, excision, unilateral ......................
Nephrectomy......................................................
Nephropexy......................................................
70
100
120
5
8
8
15
10
50
60
30
30
80
70
3
3
5
5
UNITS
Surg.
Anes.
Nephrostomy.................... :..................................
80
5
Orchiectomy, simple, unilateral ....................
20
3
bilateral ......................
30
3
radical, unilateral or bilateral,
with retroperitoneal
gland dissection ................
100
5
Prostate, transurethral electroresection,
complete......................................................
80
5
Prostatectomy, perineal subtotal ..................
80
6
perineal, radical ....................
100
6
retropubic ..............................
80
5
suprapubic, one or two
stages ................................
8C
5
Ureterotomy......................................................
70
5
Urethroscopy, diagnostic ................................
5
3
with removal of calculus or
foreign body ..........................
20
3
Varicocele, excision, unilateral ....................
30
3
X-RAY OR RADIUM THERAPY
X-rayor radium therapyin lieu of surgeryfor malignancies,
neoplastic disease or for postoperative care for malig-
nancies.
UNITS
Per Treatment Schedule:
Superficial or low voltage .......................... 3
Orthovoltage................................................ 3
Supervoltage including cobalt sources.... 4
Insertion of radium, radon or cobalt ........ 15
GR-I (Rev. 1-68)
SllRG — RV64VI)
PART IX. BENEFITS
PROFESSIONAL BENEFITS
ANESTHETIST BENEFITS
When the Subscriber or family member is entitled to hospital care and surgical benefits hereunder, the Service shall pay for
services of a professional anesthetist, except for normal childbirth delivery, up to the sum of money as determined from the
anesthesia schedule set forth herein opposite the name of the specific surgical service rendered, subject to the following:
1. The value of each Unit will be $8.00.
2. The Units appearing in the Anesthesia column represent basic values. To these will be added Time Units representing the
actual time spent administering the anesthesia. Time Units will be based on one Unit for each quarter hour or major part
thereof.
GR-1 (7-63) ANES — IOD
PART IX. BENEFITS
AMBULANCE
The Service shall pay for expense incurred by the Subscriber or family member for necessary use of a local ambulance for
transportation to or from the hospital or extended care facility, up to a maximum payment of -00 for each
inpatient admission or outpatient service for which such person is entitled to hospital or extended care facility benefits here-
under, except that benefits shall not be paid for any condition arising from pregnancy.
CR•1 (Rr v 4.7Z) A"1R. 11 A
PART IX. BENEFITS
PROFESSIONAL BENEFITS
MEDICAL -WHILE -HOSPITALIZED BENEFITS
If the Subscriber or family member, while confined in a hospital or extended care facility as a result of illness or injury,
receives medical treatment by and in the presence of a licensed physician or surgeon, the Service shall pay expense incurred
for such doctor visit, subject to the following:
1. The value of each Unit will be $8.00.
2. Not to exceed three Units for the first visit and one Unit(s) per visit thereafter during a period of disability
for which the Subscriber or family member is entitled to hospitalization or extended care facility benefits hereunder.
3. Benefits shall be limited to one visit in any one day.
4. Benefits shall not be payable for any visit preceding or following any surgical service performed during the same
confinement or for any condition arising from pregnancy.
GR-1 (4-68) MWH — 12H
PART IX. BENEFITS
EXTENDED BENEFITS
The term "Extended Benefits" as used herein means only those services and supplies listed below and only to the extent they are
not provided elsewhere herein. To be eligible for Extended Benefits, it will be necessary that such be furnished while the patient is
covered hereunder in connection with diagnosis or..treatment of any illness, disease or accidental bodily injury, and be authorized
by a licensed physician or surgeon and for only as long as such authorization is given.
1. Upon receipt of due notice and proof that the Subscriber or family member shall have incurred expense for Extended Benefits,
benefits will be provided as follows:
a. Such expense must be incurred on or after the Subscriber's or family member's effective date of coverage hereunder, or, in
the event such person is already hospitalized prior to such effective date, such expense must be incurred subsequent to the
date of discharge from the hospital. An expense will be considered to have been incurred on the. date that the individual
receives the services for which the charge is made.
b. Payment for such services shall be based upon charges not exceeding the usual, customary and reasonable charges for such
services in the community.
c. For conditions other than complications arising out of pregnancy or resulting childbirth, the Subscriber or family member
will be responsible for the first $100.00 of expense incurred in each calendar year for Extended Benefits after be-
coming eligible for benefits hereunder. If, however, as a result of severe medical or surgical complications arising out of
pregnancy or resulting childbirth, expense is incurred for Extended Benefits on behalf of the mother's care, the deductible
amount shall be $500.00 . However, notwithstandingg the above requirement of a separate deductible for the Sub-
scriber and each family member, no more than a $300.00 deductibles shall be required for each family during any
one calendar year. Any expense for Extended Benefits incurred in connection with an illness, disease or injury during the
last calendar quarter of any year and applied against such deductible amount for that year shall be carried forward to apply
against the deductible amount for the ensuing year. Also, if the Subscriber and/or one or more family members shall suffer
a bodily injury as a result of the saute accident, the aggregate deductible amount applicable to all said persons, in connection
with total expense for Extended Benefits incurred for such accident, shall be $100.00 for that year in which the ac-
cident occurs. Separate deductibles will be required for other than the first year unless such accident occurs during the last
calendar quarter of the year. In this event, the above stated provision relating to the carrying forward of expense incurred to
the ensuing year will apply, and moreover, the provision relating to the aggregate deductible amount applicable to all said
persons will also apply for the ensuing year.
d. If expense incurred for Extended Benefits exceeds the deductible amount as set forth above, payment will be made by the
Service for eighty percent of such excess. However, if treatment in connection with a mental condition is
rendered outside of the hospital, payment will be made to the extent of fifty percent of the doctor's charges, but not to
exceed $10.00 per visit up to a maximum of :fifty visits during any calendar year. Benefits of this
Paragraph d. shall not exceed an aggregate amount of $50, 000.00 per Subscriber or per family member during
such person's lifetime while eligible hereunder.
e. The Subscriber or family member who has received at least $1,000.00 of benefits hereunder may apply for reinstatement of
maximum benefits by furnishing evidence of good health satisfactory to the Service. However, notwithstanding the above,
the Subscriber or family member who has incurred expense hereunder which has been charged against the aggregate
maximum of $50, 000.00 shall automatically have reinstated toward such maximum as of the last day of each
calendar year an amount of up to $1,000.00. If the Subscriber or family member is eligiblefor benefits under the provisions
of Sub -section 3, Terminal Benefits, the provisions of this Paragraph will not apply.
f. Eligible services and supplies are:
(1) Services furnished and billed by a legally operated hospital, excepting:
(a) Personal services such as charges for radio, telephone and the like.
(b) Private room charges exceeding the minimum rate of the hospital for semi -private (two -bed) accommodations.
If Extended Benefits are furnished by a Contracting Hospital, the Service reserves the right to make payment directly
to the hospital for those charges, if any, for which the Service is responsible.
(2) Professional services rendered by a licensed physician or surgeon.
(3) Professional services rendered by a licensed physician or surgeon or doctor of dental surgery for treatment of a
fractured jaw or other accidental injury to natural teeth, providing that injury occurs while the patient is covered here-
under. Such services will be covered only during the six month period immediately following date of injury.
(4) Professional nursing services of a registered graduate nurse, other than one who ordinarily resides in the Subscriber's
home or who is related to the Subscriber by blood or marriage.
(5) Anesthetic supplies and adnunistration of anesthesia by an anesthetist.
(6) X-ray, radium and radioactive isotope therapy.
(7) Services of a licensed physician or surgeon, or a registered physical therapist, in connection with physical therapy
treatments, other than one who ordinarily resides in the Subscriber's home or who is related to the Subscriber by blood
or marriage.
(8) Diagnostic X-ray and laboratory tests for treatment of illness or accident.
GR-1 (10-69) EB — 17F (1)
PART IX. BENEFITS
ADDITIONAL ACCIDENT BENEFITS
If an accidental injury is sustained by the Subscriber or eligible family member while covered hereunder, the Service shall pay
expenses of professional medical treatment incurred within ninety days from date of accident, subject to limitations
hereinafter set forth. Payment shall be made only for usual, customary and reasonable expenses actually incurred in excess
of all other benefits provided hereunder (except Extended Benefits if such coverage is included in this Agreement) and shall
not exceed $300.00 for any one accident.
Professional medical treatment as used herein shall mean only:
a. Medical or surgical treatment by a licensed physician or surgeon.
b. Necessary services furnished and billed by a legally operated hospital, excepting blood, blood plasma and personal
services such as charges for radio, telephone and the like.
c. Services of a registered nurse, providing such nurse is not related to the Subscriber by blood or marriage.
d. Laboratory and X-ray examinations.
2. The foregoing benefits will not be provided for the following:
a. Any injury arising out of or in the course of employment.
b. Ptomaine poisoning, disease or infection (except pyogenic infection occurring through an accidental cut or wound).
c. Eye refractions or fitting of eye glasses.
d. An intentionally self-inflicted injury.
GR-1 (Rev. 5-71) ACC — 15A
PART IX. BENEFITS
EXTENDED BENEFITS (continued)
(9) Services of a licensed ambulance company for local ambulance service to or from the hospital.
(10) Drugs or medicines directly related to treatment of an illness or injury and requiring a written prescription
and dispensed by a licensed pharmacist or licensed physician or surgeon.
(11) Artificial limbs or eyes, casts, splints, trusses, braces, crutches, rental of wheel chair, hospital -type bed or iron
lung required for treatment up to a maximum charge of not to exceed the purchase price of the equipment used.
These supplies will be limited to those reasonably required by standard treatment practices for illness, disease
or injury occurring while the patient is covered hereunder.
(12) Blood transfusions, including cost of blood and blood plasma.
2. Exclusions and Limitations
Extended Benefits will not be provided in connection with the following:
a. Mental, psyclioneurotic and personality disorders
b. Any services or supplies not specifically listed herein as covered benefits.
c. Any services or supplies furnished in' connection with any condition arising from pregnancy or resulting childbirth,
including all complications thereof, prenatal or postnatal care, or for routine care of a newborn infant, except as
otherwise provided herein.
d. Treatment on or to the teeth, extraction of teeth, treatment of dental abscess or granuloma, dental examinations,
or treatment of gingival tissues (gums) other than for tumors, except as otherwise provided herein; eye glasses, eye
refractions or eye examinations for the correction of vision or fitting of glasses; or the furnishing or replacement of
hearing aids.
e. Medical examinations or tests not connected with care and treatment of an actual illness, disease or injury.
f. Services performed for cosmetic purposes, unless performed for correction of functional disorders or as a result of
accidental injury occurring while the individual is covered hereunder.
3. Terminal Benefits
a. Except as otherwise provided in Paragraph c. below, should a Subscriber or family member be totally disabled at the
date of termination of coverage hereunder and be under treatment by a licensed physician or surgeon, all benefits
under this Section, as heretofore defined, shall be furnished for the duration designated below. Such benefits shall
be furnished solely in connection with the condition causing such total disability and only during the continuation
of such total disability. Proof of such disability and the continuation thereof shall be furnished to the Service within
ninety days after the date of termination of coverage hereunder.
b. Such benefits will be provided for a period equal to the number of months the Subscriber or family member was covered
under this Section up to a maximum of six months, or until the maximum amount of benefits has been paid, whichever
occurs first.
c. If the Subscriber is required to pay the whole, or any part, of the required subscription charges, and if the Subscriber
ceases to pay such charges while remaining in the employ of the Employer, benefits under this Section shall terminate
automatically and shall be of no further force and effect, notwithstanding the provisions of Paragraph a. above.
*except while patient is hospitalized in an institution licensed to provide
hospital care for such conditions, and asset forth herein under Sub —section
1. in Paragraph d.
GR-1 (Rev 8-73) EB — 17B (2)
PART IX. BENEFITS
PROFESSIONAL BENEFITS.
CONSULTANTS BENEFITS
The Service shall pay for consultation services by a licensed physician and surgeon, except staff
consultations required by hospital rules or regulations, but only while the member is a hospital-
ized bed patient, for a condition requiring special skill or knowlege, as assi.-tance in diagnosis or
treatment to the physician in charge of the case, limited to one such surgical bedside consulta-
tion during each period of continuous hospitalization.
1. The value of each Unit will be $8.00.
2. Each consultation will be valued at not to exceed three Units.
�fFir/lrr c.
STANDARD INSURANCE COMPANY
POLICY NUMBER 332175-4
POLICYOWNER . ICITY OF HUNTINGTON BEACH
EFFECTIVE DATE April 1, 1976
INITIAL POLICY TERM April 1,' 1976' to February 1,' 1977
DUE DATES April 1, 1976' and the first day
of each calendar month thereafter
POLICY DELIVERED IN California and governed by the laws of that state.
S STANDARD INSURANCE COMPANY agrees to pay the benefits provided by this policy, in accordance with the provisions
of this policy.
The consideration for this policy is the application of the Policyowner and the payment by the Policyowner of premiums as
provided herein.
This policy is issued for the Initial Policy Term shown above, ending on the first day after the end of such policy term at
12:01 A.M. Standard Time at the Policyowner's address. At the end of the Initial Policy Term it may be renewed for
successive renewal periods by the payment of the premium on each renewal date, provided the number of persons insured on
t each renewal date is neither less than the Minimum Participation Number nor less than the Minimum Participation Percentage
(shown in the Policy Data) of the total number eligible. The length of each renewal period shall be determined by Standard,
but shall not be less than 12 months in any case.
This policy, the application of the Policyowner, if any, and the individual applications, if any, of the Members constitute the
entire contract between the parties, and any statement made by the Policyowner or by any person insured under this policy
shall, in the absence of fraud, be deemed a representation and not a warranty. No such statement shall be used in defense to a
claim hereunder unless it is contained in a written application signed by the Policyowner or the Member, a copy of which has
been furnished to the Policyowner, the person insured or the beneficiary.
No change in this policy shall be valid unless approved by an executive officer of Standard and evidenced by endorsement
hereon, or by amendment hereto signed by the Policyowner and by an executive officer of Standard. No agent has authority
to change this policy or to waive any of its provisions.
All provisions on this and the following pages are a part of this policy. On the following pages the term "group policy" refers
$' .to this group policy, and the term "group insurance" refers to the insurance under this group policy unless clearly indicated
otherwise.
STANDARD INSURANCE COMPANY
By
Secretary President
,Registrar •���'
Group Insurance Policy
+- GP 970
GROUP POLICY AMENDMENT NO.
Attached to and made a part of Group Policy 332175k-A issued to
City of Huntington Beach as Policyowner.
It is understood and agreed that this policy is hereby amended as follows:
1. The evidence of insurability requirement contained in Section 2., PERSONS
INSURED, B., Effective Dates, is waived on April 1, 1976 with respect
only to those persons who are Members on April 1, 1976 and who were insured
on March 31, 1976 under the Policyowner's group life insurance program in
effect on that date, provided that such Member must apply for optional
insurance on or before April 1, 1976.
2. The DUE DATES as shown on the policy cover are amended with respect to
optional life insurance only to read as follows:
DUE DATES April 1, 1976 and the first day of each
four week period thereafter
This amendment is effective as of the effective date of the group policy and is
presented together with the policy for acceptance by the Policyowner.
Secretary
STANDARD INSURANCE COMPANY
By
President
t- A
Registra�
I
POLICY NUMBER
INITIAL PREMIUM RATE
Basic Insurance
Life Insurance
Accidental Death and
Dismemberment Insurance
Optional Insurance
Dependents Life Insurance
Life Insurance
Members with Basic
Monthly Earnings of:
POLICY DATA
332175-A
$.29 monthly per $1,000 Face Amount
$.06 monthly per $1,000 Principal Sum
$.76 monthly per Member regardless of
the number of his dependents
Premium per Member
Per four -week period
$2,000 or More
$10.20
$1,500 but less than
$2,000
$ 9.50
$1,100 but less than
$1,500
$ 6.80
$ 839 but less than
$1,100
$ 5.10
Less than $839
$ 3.40
MINIMUM PARTICIPATION
Number
10
Percentage
Basic Insurance
100%
Optional Insurance
75%
GENERAL DEFINITIONS
Member means a regular permanent employee of the Employer who is regularly working
throughout the entire duration of the Employer's work week, and in no event less
than 20 hours per week, and who is represented by one of the following:
a) The Municipal Employees Association;
b) The Marine Safety Association;
c) The Firemen's Association; or
d) The Police Officer's Association.
Employer means the City of Huntington Beach and such affiliated companies or organizations
as shall be approved in writing by the Policyowner and Standard.
Basic Monthly Earnings means basic monthly wage or salary (not including overtime,
bonuses, commissions and other extra compensation). Changes in basic monthly
earnings because of changes in basic wage or salary shall be effective on the
first day of the Employer's pay period coinciding with or next following the
April 1 coinciding with or next following the date of change in basic wage or
salary. If the Member is not actively at work on the date on which an increase
in basic monthly earnings would otherwise be effective, such increase shall be
deferred until the next day on which the Member is both eligible and actively
at work. Any change in basic wage or salary approved after total disability
begins or after any other loss occurs shall not be considered in determining
the amount of basic monthly earnings.
A Member is considered to be actively at work only when he is present and actively
employed in a permanent capacity at the Employer's usual place of business and has
completed one full day of such employment immediately prior to the date his insurance
or an increase in his insurance is to be effective.
Section 1.
A. BASIC INSURANCE
Classification
All Members
Under Age 70
Age 70 or'Over
B. OPTIONAL INSURANCE
Plan A
SCHEDULE OF INSURANCE
Face Amount Principal Sum
(Life Insurance) (Accident Insurance)
$1,000
None
$1,000
None
The Face Amount of life insurance shall be determined from the following table:
Members with Basic Monthly Earnings of:
Attained Age Less than $839 but less $1,100 but less $1,500 but less $2,000 or
of Member $839 than $1,100 than $1,500 than $2,000 More
Under 30
$20,000
$30,000
$40,000
$50,000
$60,000
30
through
39
14,500
21,750
29,000
36,250
43,500
40
through
44
8,750
13,125
17,500
21,875
26,250
45
through
49
6,000
9,000
12,000
15,000
18,000
50
through
54
3,750
5,625
7,500
9,375
11,250
55
through
59
3,000
3,750
5,000
6,250
7,500
60
through
64
3,000
3,000
3,000
3,750
4,500
65
or over
None
None
None
None
None
See DEPENDENTS LIFE INSURANCE SUPPLEMENT for dependents coverage.
Plan B
The Face Amount of life insurance shall be determined from the following table:
Members with Basic Monthly Earnings of:
Attained Age Less than $839 but less $1,100 but less $1,500 but less $2,000 or
of Member $839 than $1,100 than $1,500 than $2,000 More
Under 30
$20,000
$30,000
$40,000
$50,000
$60,000
30
through
39
14,500
21,750
29,000
36,250
43,500
40
through
44
8,750
13,125
17,500
21,875
26,250
45
through
49
6,000
9,000
12,000
15,000
18,000
50
through
54
3,750
5,625
7,500
9,375
11,250
55
through
59
3,000
3,750
5,000
6,250
7,500
60
through
64
3,000
3,000
3,000
3,750
4,500
65
or over
None
None
None
None
None
A Member electing Plan A only may subsequently elect Plan B in addition to Plan A
by making written application for the insurance and agreeing to make the required
contribution to the Policyowner. Increases in the amount of insurance because of the
addition of Plan B shall be effective, after such election, on the first day of
the Employer's pay period coinciding with or next following the date of approval
of evidence of insurability satisfactory to Standard.
Decreases in the amount of insurance because of the election to change Plans shall
be effective on the first day of the calendar month next following the date of
written request for such change to the Policyowner.
Changes in the amount of insurance because of changes in age shall be effective on the
first day of the Employer's pay period coinciding with or next following the April 1
coinciding with or next following the date of change in age.
199
Section 2. PERSONS INSURED
A. Eligibility
A Member becomes eligible for insurance as follows:
1. If he is a Member on the effective date of the group policy, he is eligible
on that date.
2. If he becomes a Member after the effective date of the group policy, he is
eligible for basic insurance on the date he becomes a Member, and he is
eligible for optional insurance on the first day of the calendar month next
following one month as a Member.
No Member who has attained his 65th birthday shall become eligible for optional insurance,
and no Member who has attained his 70th birthday shall become eligible for basic insurance
any provision of the group policy to the contrary notwithstanding.
299A
B. Effective Dates
Basic insurance for an eligible Member becomes effective on the date he becomes eligible
provided he is actively at work on such date. If he is not actively at work on such
date, his insurance becomes effective on the next day on which he is actively at work.
An eligible Member who desires to be covered for optional insurance must apply in writing
for the insurance and agree to make the required contributions to the Policyowner. A
Member may apply for:
a) Plan A; or
b) Plan A and Plan B.
Optional insurance for an eligible Member becomes effective on the first day of the
Employer's pay period coinciding with or next following the date of approval of evidence
of insurability satisfactory to Standard.
299B
Section 3. CESSATION OF INSURANCE
A Member's insurance automatically ceases on the earliest of the following dates:
a. The date of termination of his status as a Member as defined in the
group policy;
b. The.date he becomes a full time member of the military (land, sea or
air) forces of any country;
C. With respect to basic insurance only, the first day of the Employer's pay
period next following his 70th birthday;
d. With respect to optional insurance only, the first day of the Employer's
pay period next following his 65th birthday;
e. With respect to optional insurance only, the date of expiration of the last
period for which he made a required contribution; or
f. The date of discontinuance of the group policy;
except that life insurance may be continued in force under the Benefits In Event
of Disability provision beyond these dates.
Termination of employment, when necessary to determine termination of status as
a Member, means cessation of active work as an employee, except that for purposes
only of determining whether a Member's insurance may be continued:
1) If a Member is absent from active work because of sickness or injury,
his employment shall be deemed to continue until terminated by his
employer under a plan precluding individual selection, and
2) If a Member is absent from active work because of leave of absence or
temporary lay-off, his employment shall be deemed to continue, for a
period not to exceed two months, until terminated by his employer
under a plan precluding individual selection. This leave of absence
exception does not apply to absence to become an active full time
member of the military (land, sea or air) forces of any country.
For the purpose of determining the date of cessation of insurance under either
of these exceptions, termination of employment by his employer shall be either
by notification to Standard by the Policyowner or by cessation of premium payments
for the Member's insurance.
Section 4.
CONTRIBUTIONS
Contributions from Members are not required for basic insurance.
Contributions from Members shall be as prescribed by the Policyowner for optional
insurance.
399
499
Section 5. BENEFIT PROVISIONS —LIFE INSURANCE
A. Insuring Clause
Upon receipt by Standard o[ satisfactory proof in writing that any Member has died while insured under the terns of the
group policy, Standard will pay, subject to the terns of the group policy, the amount of life insurance, if any, in force on the
life of the Member at the date of his death.
5 2 1 A
B. Benefits in Event of Disability
For purposeS Of Life Insurance, the teen total disability means complete inability of the MCJnbCi" to engage in any
employment or occupation for which he is or becomes reasonably fitted by reason of education, training or experience.
If the Mcmbcr, while Tess than 60 years of age, and while his life insurance- is in force, becomes totally disabled, his life
insurance shall remain in force during the continuance of total disability without payment Of' prenliuins for a term of twelve
nionths after the end of the last period for which a premium was paid to Standard for his insurance. His hfc insurance will
continue in I'Orce thereafter, during the continuance of total disability, for successive terms of twelve months each, provided
that proof of total disability is received by Standard, at the Meniber's expense, within three months before the beginning of
each twelve month term. Upon receipt of proof of total disability within the three month period preceding the second twelve
month terns, Standard will refund to the Policyowner all premiums paid for the Member's life insurance and dependents life
insurance since the commencement of total disability, for a period not to exceed nine nionths.
Standard may at its option require the Member to submit to one or more medical examinations by the medical examiners
designated by Standard, but such examinations shall not be required more often than once a year after total disability has
continued for two full years.
The amount of insurance which remains in force tinder this provision for any Member shall in no case be increased or
decreased during the continuance of his total disability.
Written notice of death of a Mcmbcr whose insurance is being continued under this provision must be furnished to Standard
at its hone office within twelve months after the date of death. If notice of death as required is not so furnished, Standard
shall not be liable for any payment on account Of Such death.
A Member's rights under this provision will automatically and immediately cease:
1) When he ceases to be totally disabled,
2) At the end of any twelve month term if proof of total disability is not received during the last three months of that
term,
3) When he fails to submit to any medical examination required by Stan(tard, or
4) When an individual policy has been issued to him under the provision hereof entitled Conversion of Life Insurance.
529E
C. Conversion of Life Insurance
1. A Member, upon written application and payment of the applicable premium to Standard within 31 days after one of the
following:
a. The, date his insurance ceases because of termination of employment or of termination of membership in the class or
classes eligible for insurance under the group policy,
b. the date of any reduction in the amount of insurance because of a change in classification of the Member.
C the date of cessation of insurance as defined in (1 ), (2) or (3) of the Life Insurance Benefit Provision entitled Benefits
in Event of Disability, or
d. the date of discontinuance of the group policy. provided such date is five years or more after the effective date of the
Metber's insurance.
will be entitled, without evidence of insurability, to an individual policy of life insurance on the Member's life without
disability or double indemnity benefits.
The following conditions and provisions will apply to the individual policy of life insurance:
1 ) the Member may select any form of individual policy, except term insurance, then customarily issued by Standard at
the age and for the amount applied for,
2) the premium for the individual policy will be the preinium applicable to the class of risk to which the Member belongs
and to the form and amount of the individual policy at the Member's attained age (nearest birthday) on the effective
date of the individual policy, and
3) the amount of the individual policy will be equal to (or at the option of the Member less than) the amount of the
Member's life insurance or the reduction in the amount of life insurance, as the case may be, on whichever of the dates
in a, b, c or d above is applicable. However, if the Member's life insurance ceases because of the discontinuance of the
group policy five years or more after the effective date of the Member's insurance the amount of the individual policy
may not exceed the lesser of
a) the amount of the Member's life insurance at the date of cessation of such insurance, reduced by any life insurance
for which he may become eligible under any group policy issued or reinstated by Standard or by any other insurer
within thirty-one days after such cessation, and
b) S2,000.
2. Any individual policy so issued shall become effective on the date of expiration of the thirty-one day period during which
application may be made. However, if the Member should die during such thirty-one day period. Standard will pay,
whether or not the Member has made application for such individual policy, the maximum amount of life insurance for
which an individual policy could have been issued.
In no event, however, will payment be made under this provision if payment is made under the Life Insurance Benefit
Provision entitled Insuring Clause or Benefits in Event of Disability.
3. If an individual policy is issued to a Member in accordance with the provisions of this subsection, such Member shall not
thereafter become insured under the group policy unless he shall, at his own expense, furnish evidence of insurability
satisfactory to Standard, any other provisions of the group policy to the contrary notwithstanding.
s22c
Section 5. BENEFIT PROVISIONS —ACCIDENTAL DEATH AND
DISMEMBERMENTINSURANCE
Upon receipt by Standard of notice and satisfactory proof that any Member while insured under the group policy has
sustained any of the losses shown in the Schedule of Indemnities as a direct result of accidental bodily injuries, independently
of all other causes and within 90 days of the date of such injury,
Standard will pay, subject to the terms of the group policy, the amount specified for such loss in accordance with the
Schedule of Insurance and the Schedule of Indemnities, provided however, that even though such loss results from accidental
bodily injury, no payment will be made for any loss caused directly or indirectly by any of the following and no payment will
be made for any loss if the accident is caused directly or indirectly by any of the following:
a) any insurrection, war, or act of war. War includes declared or undeclared war, whether civil or international, and any
substantial armed conflict with organized forces of a military nature.
b) suicide or injuries intentionally inflicted by the Member, while sane or insane.
c) committing or attempting to commit an assault or felony, or participating in a violent disorder.
d) hernia of any kind, stroke, coronary occlusion or rupture, any self-administered drug, poison or chemical compound,
bodily or mental infirmity, sickness, disease or infection existing at the time of the accident, or medical or surgical
treatment for any of the foregoing.
SCHEDULE OF INDEMNITIES
Benefit for Loss of
Life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Principal Sum
Both Hands or Both Feet or Sight of Both Eyes . . . . . . . . . . . . . . . . . . . . . . . . . . . The Principal Sum
One Hand and One Foot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Principal Sum
Either Hand or Foot and Sight of One Eye . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Principal Sum
Either Hand or Foot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . One -Half The Principal Sum
Sight of One Eye . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . One -Half The Principal Sum
Loss shall mean, with regard to hands and feet, actual severance through or above wrist or ankle joints; with regard to eyes,
entire and irrecoverable loss of sight.
No more than the Principal Sum shall be paid for all losses through one accident.
Accidental death and dismemberment insurance under the group policy is not in lieu of and does not affect any requirement
for coverage by workmen's compensation insurance.
510
Section 6. PAYMENT OF CLAIMS
A. Payment of Benefits
All benefits provided in the group policy shall be paid as stated in this section upon receipt of written proof on Standard's
forms or if such forms are not furnished by Standard, within 15 days after demand therefor, then upon receipt of written
proof covering the occurrence, character and extent of the event for which clairn is made.
Any indemnity for loss of hfe provided by the group policy will be payable in accordance with the beneficiary designation
and the provisions respecting such payment which may be prescribed herein and effective at the time of payment. Any other
accrued indemnities unpaid at the insured Member's death may, at the option of Standard, be paid either to the beneficiary
or to the Member's estate. All other indemnities will be payable to the insured Member.
611 A
B. Proof of Loss
Written proof of loss must be furnished to Standard in case of claim for loss for which this policy provides any periodic
payment contingent upon continuing loss, within 90 days after the first month or lesser period for w}rich Standard may be
liable, and in case of claim for any other loss, within 90 days after the date of such loss. In the event of claim for total
disability subsequent written proofs of continuance of total disability must be furnished to Standard, at the Member's
expense, at such intervals as Standard may reasonably require. Failure to furnish such proof within the time required shall not
invalidate nor reduce any claim if it was not reasonably possible to give proof within such time, provided such proof is
furnished as soon as reasonably possible and in no event, except in the absence of legal capacity of the Member, later than
one year from the time proof is otherwise required.
Standard shall have the right to require as part of the proof of loss with respect to Long Term Disability Insurance
satisfactory evidence (a) that the Member has made application for all Deductible Benefits, (b) that he has furnished all
required proofs for such benefits and (c) of the arnount of such benefits payable.
606E
C. Physical Examination and Autopsy
Standard at its own expense shall have the right and opportunity to examine the person of any individual whose injury or
sickness is the basis of claim when and as often as it may reasonably require during the pendency of a claim hereunder and to
make an autopsy in case of death, where it is not forbidden by law.
605C
D. Beneficiary Provisions
Death benefits, if included in the group policy, will be paid to the beneficiary(ies) designated to receive them. When more
than one class of beneficiary is named, payment will be made to those in the highest beneficiary class: the classes ranking in
the order: primary, first contingent, second contingent, etc. Should one beneficiary class include more than one person, anN
benefits payable to that class will be paid in equal shares to the surviving beneficiaries of that class unless otherwise provided.
If no designated beneficiary survives the Member the benefits will be paid to the first surviving class of the following classes of
successive preference beneficiaries: The Member's (a) spouse; (b) children; (c) parents; but if no class survives, the benefits
will be paid to the Member's executors or administrators. If two or more persons become entitled to benefits as preference
beneficiaries, they shall share equally. Standard may rely on an affidavit or other evidence deemed satisfactory to it in
determining the identity or the nonexistence of beneficiaries not identified by name, and any payment made by Standard in
reliance thereon shall to the extent of such payment be a valid discharge of Standard's obligations.
The beneficiary(ies) may be designated (or changed) by the Member at any time. The designation or change will take effect as
of the date it is signed except that it will not apply to any payment made by Standard before receiving the designation or
change. A beneficiary designation or change must be made, dated and signed by the Mernber in a written instrument relating
to the insurance provided under the group policy and delivered to the Policyowner during the lifetime of the Member. A
written beneficiary designation dated and signed by the Member under a previous policy will be accepted as a beneficiary
designation under the group policy if the previous policy relates to the sarne policyowner group insurance program as the
group policy, and if the insurance under the group policy replaces all or part of the insurance previously in force under that
program.
If any beneficiary dies simultaneously with the Member or within 15 days after the Member, and before due proof of the
Member's death satisfactory to Standard has been received at Standard's home office, the proceeds will be paid as if that
beneficiary had died before the Member.
The amount payable to a beneficiary may be paid in installments over a period of years upon mutual agreement with
Standard. To the extent permitted by law amounts payable to beneficiaries shall not be subject to the claims of any creditor
or any representative of such creditor, or to any legal process against a beneficiary.
If an individual policy has been issued as a result of application made in accordance with the Benefit Provision entitled
Conversion of Life Insurance the designation by the Member of a beneficiary under such individual policy other than the
beneficiary of record of the Member under the. group policy, will, notwithstanding any other proNisions of this Section to the
contrary, effect a change of beneficiary under the group policy to the beneficiary of record under such individual policy.
If any indemnity of the group policy shall be payable to the estate of the insured Member, or to an insured Member or
beneficiary who is a minor or otherwise not competent to give a valid release, Standard may pay such indemnity up to an
amount not exceeding $500 to any relative by blood or connection by marriage of the insured Member or beneficiary who is
deemed by Standard to be equitably entitled thereto. Any payment made by Standard in good faith pursuant to this
provision shall fully discharge Standard to the extent of such payment.
606D
E. Assignment
The Member's certificate is non -assignable and the insurance and benefits are non -assignable.
600E
Section 7. TIME LIMITS ON LEGAL ACTIONS AND CERTAIN DEFENSES
After the group policy has been in force for two years, its validity shall not be contested, except for non-payment of
premiums. No statement by any Member made in an application for life insurance shall be used to reduce or deny a life
insurance claim after the insurance with respect to which claim has been made has been in force for two or more years. No
statement, except a fraudulent misstatement, by any Member made in an application for insurance other than life insurance
shall be used to reduce or deny a claim after the insurance with respect to which claim has been made has been in force for
two or more years.
No action at law or in equity shall be brought to recover on the group policy prior to the expiration of 60 days after written
proof of loss has been furnished in accordance with the requirements of this policy. No such action shall be brought after the
expiration of three years after the tune written proof of loss is required to be furnished.
712
Section 8. MISSTATEMENT OF INFORMATION
In the event of the misstatement of the age of any Member, there will be made an equitable. adjustment of the premiums or of
benefits or of both, such adjustment to be based on the difference between the total premiums paid and the total premiums
which would have been paid had the information been correctly stated.
802
Section 9. PREMIUMS
A. Premium Charges
Each premium charge for the insurance under the group policy consists of the sum of
the following amounts: (1) an amount equal to the product of the average basic life
insurance premium rate in effect on the due date and the amount of basic life insurance
then in force on all insured Members plus (2) an amount equal to the product of the
premium rate in effect for basic accidental death and dismemberment insurance on the
due date and the amount of basic accidental death and dismemberment insurance then in
force on all insured Members plus (3) an amount equal to the product of the premium
rate in effect for dependents life insurance on the due date and the number of Members
then insured with respect to their dependents plus (4) an amount equal to the total of
the premiums for each of the five groups (a) to (e) listed below, the premium for each
such group being equal to the product of the average optional life insurance premium
rate in effect for that group on the due date and the number of Members of that group
then insured with respect to optional life insurance under Plan A plus (5) an amount
equal to the total of the premiums for each of the five groups (a) to (e) listed below,
the premium for each such group being equal to the product of the average optional life
insurance premium rate in effect for that group on the due date and the number of Members
of that group then insured with respect to optional life insurance under Plan B (subject,
however, to premium adjustments, if any).
a)
Members
with
basic
monthly
earnings
of
$2,000
or more.
b)
Members
with
basic
monthly
earnings
of
$1,500
but less
than $2,000.
c)
Members
with
basic
monthly
earnings
of
$1,100
but less
than $1,500.
d)
Members
with
basic
monthly
earnings
of
$ 839
but less
than $1,100.
e)
Members
with
basic
monthly
earnings
of
less than $839.
An average basic life insurance premium rate per $1,000 of basic life insurance is
computed by Standard as of the effective date of this policy, using the Initial Schedule
of Life Insurance Premiums set forth in Section 13 hereof. Said average premium rate
is shown in the policy data as the initial premium rate for basic life insurance.
Upon any renewal of this policy or whenever the terms of this policy are changed, either
the Policyowner, or Standard may require a recomputation as of such date of the average
basic life insurance premium rate per $1,000 of,basic life insurance, using for such
recomputation such schedule of life insurance premium as may then be determined by
Standard and the amount of insurance then in force at the respective attained ages of
the insured Members on such date.
An average optional life insurance premium rate per Member for each of the above groups
is computed by Standard as of the effective date of this policy, using the Initial
Schedule of Life Insurance Premiums set forth in Section 13 hereof. Said average
premium rates are shown in the policy data as the initial premium rates for optional
life insurance.
Upon any renewal of this policy or whenever the terms of this policy are changed, either
the Policyowner, or Standard may require a recomputation as of such date of the average
optional life insurance premium rates per Member, using for such recomputation such
schedule of life insurance premiums as may then be determined by Standard and the
amount of insurance then in force at the respective attained ages of the insured Members
on such date.
The initial premium rates for dependents life insurance and basic accidental death and
dismemberment insurance are shown in the policy data. Upon mutual agreement between
the Policyowner and Standard, or upon thirty-one days written notice to the Policyowner,
Standard may change any one or more of said premium rates, effective on any renewal date
or on the date of any change in the terms of this policy.
Instead of the methods of determination and computation of premium charges above provided,
premium charges may be determined and computed by any method mutually agreeable to
Standard and the Policyowner which produces approximately the same total amounts.
999A
B. Premium Adjustments
Premium adjustments involving return of unearned premiums to the Policyowner shall be limited to the period of twelve
months immediately preceding the date of receipt by Standard of evidence that such adjustments should be made.
901 B
C. Payment of Premiums
Premiums arc due and payable on the due dates shown on the front of this policy
All premiums falling due under this policy, including adjustments thereof, if any, are payable by the Policyowner on or
before their respective due dates direct to Standard at its Home Office. The payment of any premium shall not maintain the
insurance under this policy in force beyond the date immediately preceding the next due date, except as provided in the
provision entitled Grace Period.
On written request of the Policyowner, approved by Standard, premium payments may, if not then so payable, be changed at
any premium due date of this policy so as to be payable annually, semi-annually, quarterly, or monthly.
901C
D. Grace Period
A grace period of 31 days will be granted for the payment of premiums accruing after the first prerniurn, during which grace
period the policy shall continue in force but the Policyowner shall be liable to Standard for the payment of the premiums
accruing for the period the policy continues in force.
If written notice is given by the Policyowner to Standard that this policy shall be discontinued as of a premium due date or
before the end of the grace period, this policy shall be discontinued as of the date specified in the notice or the date of
receipt of the notice, whichever is later.
903D
Section 10.
CERTIFICATES
Standard will issue to the Policyowner, for delivery to each insured Member. an individual certificate which will state the
insurance to which such Member is entitled under the group policy and to whom benefits are payable, and will summarize the
provisions of the group policy principally affecting the Member.
1001
Section 11.
RECORDS AND REPORTS
The Policyowner shall furnish on Standard's forms such information as is necessary to administer this police whenever
required by Standard. Clerical error by the Policyowner shall not invalidate insurance otherwise validly in force nor continue
insurance otherwise validly terminated.
Standard shall have the right and opportunity at all reasonable times to inspect the payrolls and other records of the
Policyowner and the Employer for any purpose relating to insurance under this policy.
1101
Section 12.
DIVIDENDS
During the period this policy is in force, it shall be credited with its share of the divisible surplus in the form of dividends as
declared by Standard.
1204
Section 13. INITIAL SCHEDULE OF LIFE INSURANCE PREMIUMS
per $1,000 of Life Insurance
Rating Amount None Premium Factor 0.87
The Basic Monthly Premium Schedule shown below when modified by adding the. Rating Amount to each
premium and multiplying the total by the Premium Factor is the Initial Schedule of Monthly Group
Life Insurance Premiums per $1,O00 of life insurance.
Attained* Monthly
Age
Premium
16
$ .15
17
.15
18
.15
19
.15
20
.16
21
.16
22
.17
23
.17
24
.18
25
.18
26
.19
27.
.19
28
.20
29
.20
30
.21
31
.21
32
.22
33
.24
34
.25
35
.27
36
.29
37
.31
38
.33
39
.35
40
.38
*At Nearest Birthday
BASIC MONTHLY PREMIUM SCHEDULE
Attained*
Monthly
Age
Premium
41
$ .41
42
.44
43
.47
44
.51
45
.56
46
.61
47
.67
48
.73
49
.80
50
.88
51
.95
32
1.04
53
1.12
54
1.21
55
1.32
56
1.43
57
1.55
58
1.68
59
1.83
60
1.99
61
2.16
62
2.34
63
2.55
64
2.76
65
3.00
Attained* Monthly
Age
Premium
66
$ 3.26
67
3.54
68
3.84
69
4.16
70
4.52
71
4.90
72
5.30
73
5.74
74
6.22
75
6.73
76
7.28
77
7.87
78
8.50
79
9.18
80
9.91
81
10.69
82
11.52
83
12.41
84
13.36
85
14.37
1309
DEPENDENTS LIFE INSURANCE SUPPLEMENT
DEFINITION OF THE WORD DEPENDENT. The word dependent means a Member's legitimate
unmarried child (including any stepchild residing in the Member's home) 14 days of
age or over but under 21 years of age, and a Member's spouse, neither of whom is a
Member as defined in the Group Policy.
EFFECTIVE DATE OF DEPENDENTS LIFE INSURANCE. Dependents life insurance shall become
effective on the date the optional insurance under Plan A on the Member's life becomes
effective or on the date the Member first acquires a dependent, whichever is later.
Insurance with respect to a person who becomes a dependent after such date shall
become effective on the date such person becomes a dependent.
INSURING CLAUSE. Standard hereby agrees to pay the amount of insurance determined in
accordance with the Schedule of Dependents Life Insurance immediately upon receipt
of due proof of the death of the Member's dependent, subject to the provisions and
conditions of this Supplement.
SCHEDULE OF DEPENDENTS LIFE INSURANCE
The amount of insurance on each dependent shall be equal to one-half the Face Amount
of insurance on the life of the Member or the appropriate amount shown below, whichever
is less.
Classification of Dependents Amount of Insurance
Spouse $1,500.00
Child while age 14 days and under 6 months 100.00
Child while age 6 months and under 21 years 1,500.00
BENEFICIARY. Payment of any insurance under.this Supplement shall be made to the
Member if living, otherwise payment will be made in equal shares to the surviving
beneficiaries of the highest rank listed: (a) spouse of the Member; (b) lawful
living children of the Member; (c) father and mother of the Member; (d) executors
or administrators of the Member; but in any case Standard may, in lieu of payment
to the Member's executors or administrators, pay an amount not to exceed $500 of the
insurance to any relative by blood or connection by marriage of the Member appearing
to Standard to be equitably entitled to such payment.
WAIVER OF PREMIUM. Standard will waive the payment of any premiums falling due for
a Member's Dependents Life Insurance in any period during which insurance on the
life of the Member remains in force without payment of premiums as a result of his
disability.
INDIVIDUAL TERMINATION OF DEPENDENTS LIFE INSURANCE. Insurance with respect too a
Member's dependent shall automatically cease on the earliest of the following dates:
(1) Five months after the date of death of the Member; (2) The date the Member's
life insurance terminates if such termination is due to any cause other than the
death of the Member; (3) The date the dependent becomes a Member as defined in the
group policy; (4) The date'the dependent becomes a full time member of the military
(land, sea or air) forces of any country; (5) The date a child dependent attains his
21st birthday or marries, whichever is sooner; (6) The date of legal separation or
divorce of a spouse dependent from the Member; or (7) The date of discontinuance
of the group policy.
PRIVILEGE OF CONVERSION OF A SPOUSE'S INSURANCE. The Initial Conversion Date shall be
the•date of cessation of the insurance on the life of the Member's spouse.
The spouse of a Member, upon written application and payment of the applicable
premium to Standard within 31 days after the Initial Conversion Date, will be entitled
to have issued to her (him), without evidence of insurability, an individual policy
of life insurance (without additional benefit riders) on any form, except term insurance,
then issued by Standard. The face amount of the individual policy shall be equal to
the amount of insurance hereunder on her (his) life on the Initial Conversion Date.
The premium for the individual policy will be the premium applicable to the class of
risk to which she (he) belongs and to the form and amount of the individual policy.
Such individual policy, if issued, shall become effective 31 days after the Initial
Conversion Date. However, if the Member's spouse should die during such 31 day period,
Standard will pay, whether or not application has been made for such individual policy,
the amount of life insurance for which an individual policy could have been issued.
The insurance of a child dependent may not be converted.
5099
?4i,u`T D
This Policy provides Payment for Loss resulting from Bodily Injury caused by an Accident and
Loss of Time resulting from Sickness —to the extent herein provided.
Policy Number SR 191285
CASUALTY C10MI'A1W'W
A MEMBER OF THE CONTINENTAL -NATIONAL GROUP
A STOCK COMPANY
`q¢n¢2a{ Office: L,lucacjo, 49ttinoio
(HEREIN CALLED THE COMPANY)
FORMS ATTACHED
AT ISSUANCE:
--sc 3_ �Mo)
—SC 3 Mo))
SC 5 MO)
- sc 10-6
SC 12-A
-- SC 1
SC 1
SC 20
SRZ 13o42 (MO)
In consideration of the statements and agreements contained in the application for this policy, copy
of which is attached and made a part hereof, and payment of the premium specified herein hereby agrees
with:
CITY OF HUNTINGTON BEACH
HUNTINGTON BEACH, CALIFORNIA
(HEREIN CALLED THE EMPLOYER)
to insure certain employees of the Employer ( herein individually called the Insured Employee) for the bene-
fits provided herein subject to the exceptions, limitations and provisions of this policy.
"Injury" wherever used in the policy means bodily injury caused by an accident occurring while the
policy is in force as to the Insured Employee and resulting directly and independently of all other causes
in loss covered by this policy.
"Sickness" wherever used in this policy means sickness or disease causing loss commencing while this
policy is in force as to the Insured Employee whose sickness is the basis of claim.
The term "Schedule of Benefits," wherever used in this policy, means Statement 10 in the copy of the
application for this policy.
Part 1 EFFECTIVE DATE AND POLICY TERM
The policy takes effect on ------- YEMBER 5, 1963.................. from which date all insurance years and
months shall be calculated. It continues in force for the period for which premium has been paid, subject
to the Grace Period provided in Part VII1. It may be renewed for further consecutive periods by payment
of premium as herein provided subject to the Company's right to decline renewal of this policy as of the
first anniversary date or any premium due date thereafter by giving notice to the Employer of such declina-
tion at least thirty one days prior to such date.
All periods of insurance hereunder shall begin and end at 12:01 A.M., Standard Time, at the Em-
ployer's place of business as stated herein.
SRP 1303BY-A (Monthly)
^ Part 11 EMPLOYEES ELIGIBLE
All employees of the El,p,' yer qualifying under Statements 2, 3 and the application are eligible
to be insured hereunder.
Part III INDIVIDUAL TERMINATIONS
The insurance of any Insured Employee shall immediately terminate on the earliest of the following
dates: ( 1 ) on the date this policy is terminated; 12 ) on the date the Insured Employee leaves or is dismissed
from the employment of the Employer- or is retired or pensioned; or (3) as of the premium due date if the
Employer fails to pay the required premium for the Insured Employee except as the result of inadvertent
error; subject to the Grace Period provided in Part VIII.
Part IV WAIVER OF PREMIUM
The Company will waive the payment of premium of an Insured Employee becoming due for that
period of disability for which indemnity is payable under the Monthly Sickness Indemnity, Monthly Acci-
dent Indemnity, or both, provisions of the policy and the insurance as to such Insured Employee shall remain
in force during such period, provided, however, that the Employer shall be liable for the payment of pre-
mium after the termination of the period during which the indemnities described herein were payable,
subject to the provisions of Part III, except as to the payment of premium, and the Grace Period provided
in Part VIII. In such event the Employer shall be notified of the amount of premium due which shall be
paid on the premium due date next following.
Part V PREMIUM CALCULATION AND PAYMENT
Premium for this policy shall be calculated on the basis stated in Statement 7 of the application.
The first premium shall be paid by the Employer to the Company or its authorized agent on or before
the effective date of this policy. Each subsequent premium shall be paid on or before the premium due date
specified in Statement 7 of the application, subject to the Grace Period provided in Part VIII. Premium will
be adjusted in accordance with any changes in the number or classification of the Insured Employees.
The rate of premium for this policy may be re -adjusted based on experience hereunder, at the end of
the first or any subsequent insurance year.
The Company shall have the right to examine all of the books and records of the Employer relating to
this insurance at any reasonable time and within two years after the termination of this policy or until final
adjustment and settlement of all claims hereunder, whichever is the later.
Part VI EXCLUSIONS
This policy does not cover any loss, fatal or non -fatal, caused by or resulting from (1) suicide or any
attempt thereat while sane or self-destruction or any attempt thereat while insane; (2) declared or unde-
clared war or any act thereof; (3) service in the Armed Forces of any country; (4) injury sustained in conse-
quence of riding as a passenger or otherwise in any vehicle or device used for aerial navigation except as
otherwise specifically provided for in this policy; or (5) sickness resulting from pregnancy, childbirth or mis-
carriage or miscarriage resulting from accident.
Part VII CERTIFICATE OF INSURANCE
The Company will issue to the Employer for delivery to each Insured Employee an individual certificate
describing the benefits to which the Insured Employee is entitled under this policy and to whom payable
and limitations and requirements of this policy pertaining to the Insured Employee and where this policy
may be inspected.
Part V111 UNIFORM PROVISIONS
ENTIRE CONTRACT; CHANGES. This policy, the application of the Employer, if any, and the indi-
vidual applications, if any, of the Insured Employees constitute the entire contract between the parties, and
any statement made by the Employer or by any Insured Employee shall, in the absence of fraud, be deemed
a representation and not a warranty. No such statement shall avoid the insurance or reduce the benefits
under this policy or be used in defense to a claim hereunder unless it is contained in a written application,
nor shall any such statement of the Employer except a fraudulent misstatement, be used at all to void this
policy after it has been in force for three years from the date of its issue, nor shall any such statement of
any Insured Employee eligible for coverage under this policy, except a fraudulent misstatement, be used
at all in defense to a claim for loss incurred or disability (as defined in the policy) commencing after the
insurance coverage with respect. to which claim is made has been in effect for three years from the date it
became effective.
No change in this policy shall be valid unless approved by an executive officer of the Company and
unless.such approval be endorsed hereon or attached hereto. No agent has authority to change this policy
or to waive any of its provisions.
GRACE PERIOD. Unless not less ,than 31 days prior to the premium due date the Company has de-
livered to the Employer or has mailed to the last address as shown by the records of the Company written
notice of its intention not to renew this policy beyond the period for which the premium has been accepted
a grace period of 31 days will be granted for the payment of premiums accruing after the first premium,
during which grace period the policy shall continue in force, but the Employer shall be liable to the Com-
pany for the payment of the premium accruing for the period the policy continues in force.
If any premium be not paid within the days of grace, this policy shall thereupon be discontinued,
but the Employer shall, nevertheless, be liable to the Company for the payment of all premiums then
unpaid, together with the premiums for the days of grace. If however, written notice is given by the
Employer to the Company, during the grace period, that this policy is to be discontinued, this policy shall
MONTHLY INDEMNITY -ACCIDENT OR SICKNESS
Paragraph A. When; as the result of injury and commencing within thirty days after the date of the
accident, or as the result of sickness and commencing while the policy is in force as to the Insured Employee,
the Insured Employee is wholly and continuously disabled and prevented from performing each and every
duty pertaining to his occupation and is under the regular care and attendance of a legally qualified
physician or surgeon, other than himself, the Company will pay, commencing immediately following the
applicable elimination period written in the Schedule of Benefits, the applicable monthly indemnity written
in the Schedule of Benefits, not to exceed twenty-four consecutive months or the applicable maximum
period payable written in the Schedule of Benefits, whichever is lesser.
Paragraph B. If the applicable maximum period payable as to the Insured Employee is a period in
excess of twenty-four months, after the payment of such monthly indemnity for twenty-four months under
Paragraph A, the Company will continue to pay such monthly indemnity for the period the Insured
Employee is wholly and continuously disabled and under the regular care and attendance of a legally
qualified physician or surgeon, other than himself, and prevented by reason of said injury or sickness from
engaging in each and every occupation or employment for wage or profit for which he is reasonably quali-
fied by training, education or experience for a period not to exceed in the aggregate under Paragraphs A
and B hereof, the applicable maximum period payable written in the Schedule of Benefits.
If monthly sickness indemnity is payable hereunder and if the Insured Employee, while the policy is in
force, suffers a recurrence of total disability from the same or related cause or causes, the subsequent
period of total disability will be deemed a continuation of the prior period, unless between such periods the
Insured Employee has performed the duties of his occupation on a full-time basis for at least six consecu-
tive months, in which event, such total disability shall be deemed the result of a new sickness and sub-
ject to a new elimination period.
Form SC3-3 (Monthly)
MONTHLY INDEMNITY -ACCIDENT OR SI NESS
When, as the result of injury and commencing within thirty days after the date of the accident, or as the result of sickness
and commencing while the policy is in force as to the Insured Employee, the Insured Employee is wholly and continuously
disabled and under the regular care and attendance of a legally qualified physician or surgeon, other than himself, and
prevented by reason of said injury or sickness from engaging in each and every occupation or employment for wage or
profit for which he is reasonably qualified by training, education or experience, the company will pay, commencing
immediately following the applicable elimination period written in the schedule of benefits, the applicable monthly indem-
nity written in the schedule of benefits, not to exceed the applicable maximum period payable written in the schedule of
benefits.
If monthly sickness indemnity is payable hereunder and if the Insured Employee, while the policy is in force suffers a recur-
rence of total disability from the same or related cause or causes, the subsequent period of total disability will be deemed
a continuation of the prior period, unless between such periods the Insured Employee has performed the duties of any
occupation on a full-time basis for at least six consecutive months, in which event, such total disability shall be deemed
the result of a new sickness and subject to a new elimination period.
Applicable to: GROUP III ONLY
SC 3-7 (Monthly)
MINIMUM INDEMNITY FOR SPECIFIC ACCIDENTS
If more than one loss listed herein results from one accident, the provisions hereof shall be applicable to
only one of such losses, that for which the greater period is provided. If the Insured Employee dies be-
fore receiving the applicable Monthly Accident Indemnity for the minimum period provided herein, the
balance remaining unpaid at the time of his death shall be paid to his beneficiary or his estate.
DISMEMBERMENT AND LOSS OF SIGHT
When injury results in any of the following losses within one hundred days after the date of the accident,
the Company will pay, in accordance with the provisions of the policy applicable to the Insured Employee,
the applicable Monthly Accident Indemnity as provided in the Schedule of Benefits for the period the In-
sured Employee is totally disabled and entitled to payment of Indemnity under such provisions, but in no
event will such payments be made after the date of such loss for less than the number of months set opposite
the loss.
Loss
of
both
hands ---------------
-_46
months
Loss
of
both
feet -------------•--------_--_-
----------------------------------------------46
months
Loss
of
the entire sight of both
eyes --------------------------------------------------
46
months
Loss
of
one
hand and one foot ----------------------------------------------------------
46
months
Loss
of
one
hand and the entire sight of one eye
..........................46
months
Loss
of
one
foot and the entire
sight of one eye ............................46
months
Loss
of
one
hand--------------------•---......-------•----
-------------------------------------23
months
Loss
of
one
foot --------------------------------
------------------------------------------------23
months
Loss
of
the
entire sight of one
eye..................................................15
months
Loss
of
thumb
and index finger
of either hand --------------------------------
12
months
"Loss" as above used with reference to hand or foot means complete severance through or above the wrist
or ankle joint, as used with reference to eye means the irrecoverable loss of the entire sight thereof and as
used with reference to thumb and index finger means complete severance through or above the metacarpo-
phalangeal joints.
Form SC-5 (Monthly)
AIR TRAVEL COVERAGE
Insurance provided under the policy includes loss resulting from injury sustained in consequence of riding as a pas-
senger or otherwise, in or on, boarding or alighting from any vehicle or device for aerial navigation.
SC 10-6
DISABILITY COMMENCING DURING 12 MONTH PERIOD PRIOR TO
AGE TERMINATION OF BENEFITS
If the disability commences after the Insured Employee's 64TH birthday, indemnity otherwise payable
will be paid for the period of such disability not to exceed one year.
Applicable to: MONTHLY SICKNESS INDEMNITY
Form SC-12-A
OCCUPATIONAL EXCLUSION
This policy does not cover loss caused by or resulting from injury sustained by the- Insured Employee by
reason of an accident arising out of or in the course of any occupation or employment for wage or profit.
APPLIC.`1LE TO GROUP II MMY
Form SC-15
u
ADDITIONAL INDIVIDUAL TERMINATION
The insurance of any Insured Employee shall immediately terminate on the date such employee attains the
age of 65 years.
Form SC-18
EFFECTIVE DATE OF INDIVIDUAL INSURANCE
The insurance of eligible employees for whom written application is made on or before the effective date
of this policy shall take effect on said effective date. To the group of employees originally insured shall
be added from time to time any new or other employees of the Employer and insurance as to such em-
ployees shall take effect as follows:
(a) The insurance of employees for whom written application is made and delivered to the Company
before they become eligible shall take effect on the date they become eligible;
(b) The insurance of employees for whom written application is made and delivered to the Company
within 30 days after they become eligible shall take effect on the date of such written application;
(c) The insurance of employees for whom written application is made and delivered to the Company
more than 30 days after they become eligible shall take effect, as requested by the employer, on
the date of written approval by the Company of such evidence of insurability as it may require.
If an employee is absent from active work, on account of injury or sickness, when his insurance would other-
wise take effect, it shall take effect on the date he returns to active work.
Form SC-20
`'CONTINENTAL CASUALTY &OMPANY
GENERAL OFFI C E : C H I C A G O, ILLINOIS
Application is hereby made to the Continental Casualty Company for a policy of group insurance based on the
following statements and representations:
I. Employer or Holder CITY OF HUNTINGTON BEACH Nature of Business
Address City HUNTINGTON BEACH, State CALIFORNIA
2. What period of time must elapse before an employee is eligible for this coverage?
Present Employees NONE New Employees 110NE
The following group or groups of employees are eligible:
GROUP
CLASSIFICATION
NUMBER ELIGIBLE
MALES
FEMALE
I
ALL ACTIVE FULL TIKE SALARIED OFFICE,
CLERICAL AND ADMINISTRATIVE PE11SONNEL.
II
ALL ACTIVi FULL TIZ-2 SALARIED POLICEMEN, ..
FIR124EN, AND LIFEGUARDS.
III
ALL ACTIVE FULL TIME, SALARIED mPLOYEES
OTHER THAN THOSE INCLUDED IN GROUP I OR
GROUP II.
3. Total Number of Employees on Payroll Total Number Eligible 231
4. Maximum Age Limit of Eligible Employees:
Monthly Accident Indemnity 64 Monthly Sickness Indemnity 64
Accidental Death Not Applicable Physician, Surgeon, Nurse, Hospital Expense Not Applicable
5. What other Group Insurance does the Employer or Holder now carry or has previously carried?
6. Notwithstanding the applicable amount of indemnity written in statement 10, it is agreed that application for in-
demnity in excess of the following amount(s) shall be subject to such evidence of insurability as the company may
require:
Monthly Accident Indemnity $ 1, 000.00 Monthly Sickness Indemnity $ 1, 000.00
Accidental Death $ Not Applicable physician, Surgeon, Nurse, Hospital Expense $ Not'Applicable
7. Premium is calculated in the following manner:
SEE ATTACHED STATEMENT 7.
PREMIUM DUE DATE SHALL BE THE 5TH OF EACH MONTH.
8. Deposit premium paid with this application $ NONE . What per cent of the premium is to be paid by the
employer or holder? NONE %
9. The policy shall be made effective at 12:01 A.M. Standard Time NOVEMBER 5,
address of the employer or holder.
, 1966 , at the above
SRZ 13042 (Monthly)
(OVER)
10. SCHEDULE OF BENEFITS:
*THE T.
INSUR
FROM
**LESS
PAYAB
UNDER
ACCIDENTAL
MONTHLY
ELIMINATION
MAXIMUM
MONTHLY
ELIMINATION
MAXIMUM PERIOD PAYABLE—
SICKNESS
PHYSICIAN, SURGEON,
HOSPITAL, NURSE EXPENSE —
GROUP
DEATH
ACCIDENT
PERIOD—
PERIOD
SICKNESS
PERIOD—
ACCIDENT
TOTAL
MAXIMUM
AMOUNT
DEDUCTIBLE
INDEMNITY
INDEMNITY
ACCIDENT
PAYABLE—
ACCIDENT
INDEMNITY
SICKNESS
CONFINING &
NON-
CONFINING
NON -CONFINING
PAYABLE
AMOUNT
I,
Q
50% OF
30 DAYS
LIFETIME
50% OF
30 DAYS
36 MONTHS
36 MONTHS
O
II &
SALARVc
SALARY*
OR TO THE
OR TO THE
III
SUBJECT T
SUBJECT T
INSURED
INSURED
A MAXIMMA
A MAXIMUM
EMPLOYEE'S
EMPLOYEE'
MONTHLY
MONTHLY
65TH BIRTH-
65TH BIRT
-
INDEMNITY
INDEMNITY
DAY,***
DAY,***
OF
OF
IHICHEVER
WHICHEVER
$1, 000.00
`*
$1, 000.00
;
FIRST
FIRST
OCCURS.
OCCURS .
RA "SA
RY" SHALL
MEAN THE 111ONTHLY
WAGE
OR SALA.
(EXCLUSIVE
OF BONU5
S, COMMISSIONS
AND OV
RTIME EARNINGS)
THE
D EMPIOYEE
RECEIV
D FROM THE
EMPLOYER
IMMEDIAT=
PRIOR TO
THE DATE 0
THE ACCIDENT
OR C
NCEMENT OF
DISABILIV.1
ICKNESS,
NY AMCJNT
PAID OR
PAYABLE
DER WORI
N'S COMPE
ATION, OC
UPATIONAL
ISEASE ACT OR
LAW, OR
ANY BENEFITS
PAID OR
" TO
EMPLOYEE
OR ANY PA
NTS FOR
WHICH HIS
EPENDENTS
MAY QUALI
AS A RESULT
OF THE
PLOYEE'S LISABILITY
THE S
IAL SECURITY
ACT.
***PAYMENTS, , L ,
ALLOCABLE TO SICKNESS INDEMNITY COVERAGE FOR ANY PERIOD BEYOND THE AGE, IF ANY, APPLICABLE TO THE INSURED EMPLOYEE
IN THE SCHEDULE UNDER "MAXIMUM PERIOD PAYABLE - SICKNESS", AND SUCH PAYMENT SHALL NOT EXTEND THIS COVERAGE BEYOND
THE PERIOD FOR WHICH THE INSURED EMPLOYEE WOULD OTHERWISE BE ENTITLED TO RECEIVE SICKNESS INDEMNITY COVERAGE.
Dated Employer or I
Ag
Official Positi
SRZ 13042 (Monthly)
RIDER ill
A1,113 N D1E, NT RIDER
IN CONSIDERATION OF PAYAIFNT OF THE PRE1,11tZI FOI THE POLICY,
THE APPLICATION, (FOPd1 iL Z_13042) IS HE,11iBY DELZTED IN
ITS ENTIXETY AND Wt PLAC131) BY THE: ATTACHED APPLICATION
INCREASING THE MONTHLY INDEkINITY MAXIMIJM F_:OM $300.00 TO
$1,000.00.
This rider takes effect on ......... 1•NHIJ.$EJ.,..5...... 9.0......................... 12:01 A.M., Standard Time, at
H�INTINGTONB3AC..............................AIOIA
..?it expires concurrently with the policy to which it is attached
and is subject to all the definitions, conditions and provisions of the policy not inconsistent herewith.
• SIR 191235
Attached to and made a part of Policy No.............................................issued to ........................................
CITY OF 111T1TINGTON BEACH
.............................................................................................................................................................................................
by the CONTINENTAL CASUALTY COMPANY, General Office, Chicago, Illinois, but the same
shall not be binding upon the Company unless countersigned by its duly authorized agent. .
C%G lk
SeaeteryPreeldent
Countersigned by.......'`
. . . . . ............................
L1 ensed Resj6 nt.
SRR-15288
RIDER # 1
IN CONSIDERATION OF THE PAYMENT OF THE PREMIUM FOR THE POLICY TO
WHICH THIS RIDER IS ATTACHED IT IS HEREBY UNDERSTOOD AND AGREED THAT
ITEM # 2 OF THE MASTER APPLICATION, ENTITLED CLASSIFICATION SHALL
BE AMENDED TO INCLUDE THE FOLLOWING:
I. ALL ACTIVE FULL TIME SALARIED OFFICE,
CLERICAL AND ADMINISTRATIVE PERSONNEL;
ALL PERMANENT HALF—TIME EMPLOYEES WHO
WORK A MINIMUM OF 20 HOURS PER WEEK
ON AN ANNUAL BASIS AND WHO HAVE A MINIMUM
90 DAYS SERVICE
IN ALL OTHER RESPECTS, THIS POLICY SHALL REMAIN THE SAME
This rict,,r takes effect on.............FEBRUARY 7, 1972 12:01 A.M., Standard Time, at
..CI.T.Y.... OF ... HUNTI.N.G.T.ON... REAGHt expires concurrently with the policy to which it is attached
and is subject to all the definitions, conditions and provisions of the policy not inconsistent herewith.
SR 191285
Attached to and made a part of Policy No.............................................issued to ........................................
............................................................. GI.T.Y... 0F... I--iUNTI•N-GTON... BEACH ..........................................................
by the CON"l'INI'N'I'AI_ CAStJAL'I'V CO.k[PANY, General Office, Chicago, Illinois, but the same
shall not be binding upon the Company unless countersigned by its duly authorized agent.
Secretary President
Countersignedby ................... .................................................I..........
Licensed Resident Agent.
Sl2I:-1528's
RIDER #3
AMENDMENT RIDER
IN CONSIDERATION OF PAYMENT OF THE PREMIUM FOR THE POLICY, IT
IS AGREED THAT RIDER #2 IS AMENDED TO READ THAT THE APPLICATION
(FORM #SRZ-13042), IS HEREBY DELETED IN ITS ENTIRETY AND
REPLACED BY THE ATTACHED APPLICATION DECREASING THE MONTHLY
INDEMNITY MAXIMUM FROM $1,000.00 TO $900.00.
This rider takes effect on ...... .....
JANUARY....20..,....1967.., 12:01 A.M., Standard Time, at
.....................
HUNTINGTON BEACH,
.•..•.••..•••••.•.•............................................... CALIFORNIA. it expires concurrently with the policy to which it is attached
and is.subject to all the definitions, conditions and provisions of the policy not inconsistent herewith.
SR 191285
Attached to and made a part of Policy No.............................................issued to ........................................
CITY OF HUNTINGTON BEACH
.............................................................................................................................................................................................
by the CONTINENTAL CASUALTY COMPANY, General Office, Chicago, Illinois, but the same
shall not be binding upon the Company unless countersigned by its duly authorized agent.
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Secretary Ident
JON GILLESPIE 81 GOP T, I�
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Countersigned byEY; .. ....................._....................................
Lice ed Resident cent.
SRR-15288
RIDER #4
IN CONSIDERATION OF PAYMENT OF THE PREMIUM, IT IS HEREBY
AGREED THAT FORM SC-18, ADDITIONAL INDIVIDUAL TERMINATION,
IS DELETED IN ITS ENTIRETY, AND REPLACED BY THE FOLLOWING:
SC-16A MONTHLY
This rider takes effect on..............NOVEMBER.5 , 1966 ...... 12:01 A.M., Standard Time, at
.. ..
HUNTINGTON BEACH, ....................... , iCALIFORNIA�t expires concurrently with the policy to which it is attached .........................................
and is subject to all the definitions, conditions and provisions of the policy not inconsistent herewith.
Attached to and made a part of Policy No.......SR...................................191285 issued to ........................................
..................................................... QTY....4F...HANTING.TON..SEA.CR.............................................................................
by the CONTINENTAL. CASUALTY COMPANY, General Office, Chicago, Illinois, but the same
shall not be binding upon the Company unless countersigned by its duly authorized agent.
(7Lr/ lac 14--y
Sec President
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ONES-GILLESFIE & OP ERT, INC.
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Countersigned b
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Licet sed Resident en
SRR-15288
NAME OF EMPLOYER OR IIOLDER: CITY OF HUNTINGTON BEACH
POLICY NUMBER: SI: 191285
EFFECTIVE DATE: NOVEMBER 5, 1966
STATEMENT 7 OF APPLICATION FORM ISQ-13042 (MONTHLY)
7. PPJP3MIUI•L IS CALCULATED 114 TILE FOLLOWING MANITR:
THE POLICY IS ISSUED IN CONSIDERATION OF TILE PAYIIEIIT IN ADVANCE OF A MONTHLY PREMIUM
WHICH IS BASED ON TIllE MONTHLY [,AGE OR SALARY OF ALL ELIGIBLE EMPLOYEES INSURED ON THE
EFFECTIVE DATE OF TIIE POLICY AND CALCULATED AT TALE PREMIUM RATES STATED PIER1,IN:
THE PI'04IUM RATE FOR INDE111TITIES PROVIDED IN TIIE POLICY SHALL BE:
.006602 TIMES EACH INSURED EMPLOYEE ' S WAGE OR SALARY FOR THE POLICY MONTIP; PROVIDED,
HOWEVER, ANY PORTION OF WAGE OR SALARY OF AN INSUIED EMPLOYEE IN EXCESS OF $2000.00
PER MONTH SMALL NOT BE INCLUDED IN THE COMPUTATION OF PREMIUM FOR SUCH INSURED
EMPLOYEE.
THE EMPLOYED. SHALL SUBMIT AT TIIE END OF THE POLICY YEAR A COMPLETE WRITTEN REPORT
STATING: (1) THE NAME AND "WAGE" OR SALARY" RECEIVED FROM THE EMPLOYER OF ALL INSURED
EMPLOYEES DURING THE POLICY YEAR AND THE DATE OF TERMINATION OF EMPLOYMENT OF EACH
EMPLOYEE WHO LEAVES, IS DISMISSED, ATTAINS TILE AGE OF 65*, RETIP.ES OR IS PENSIONED
FROM THE EMPLOYMENT OF THE EMPLOYER; AND (2) ANY CHANGE OF "WAGE OR SALARY" OF &I
INSUPIED EMPLOYEE DURING THE POLICY YEAR.
*PAYMENTS, AS REQUIP.ED BY THE POLICY, RECEIVED BY THE COMPANY FROM THE EMPLOYER OR
THE INSURED EMPLOYEE SMALL NOT BE ALLOCABLE TO SICKNESS INDEMNITY COVERAGE FOR ANY
PERIOD BEYOND THE AGE, IF ANY, APPLICABLE TO THE INSURED EMPLOYEE IPI THE SCHEDULE
UNDER "I•IAXIIIUM PERIOD PLAYABLE - SICKNESS", AND SUCH PAYMENT SHALL NOT EXTEND THIS
COVERAGE BEYOND THE PERIOD FOR WHICH THE INSURED EMPLOYEE WOULD OTHERWISE BE ENTITLED
TO RECEIVE SICKNESS INDEMNITY COVERAGE.
THE TERM ''WAGE OR SALARY" AS USED HEREIN MEANS TIIE TOTAL WAGE OR SALARY (EXCLUSIVE
OF BONUSES, COIdR-IISSIONS AND OVERTIME EARNINGS) THE INSURED EMPLOYEE RECEIVED FROM
THE EMPLOYER DURING THE POLICY YEAR.
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then be discontinued on the date of receipt by the Company of such written notice, but the Employer
shall, nevertheless, be liable to the Company for the payment of all premiums then unpaid, together with
a pro rata premium for the period commencing with the date on which the last premium became due and
ending with the date of receipt of such written notice by the Company.
NOTICE OF CLAIM. Written notice of claim must be given to the Company within 20 days after
the occurrence or commencement of any loss covered by this policy, or as soon thereafter as is reasonably
possible. Notice given by or on behalf of the claimant to the Company at 310 South Michigan Avenue,
Chicago, Illinois, or to any authorized agent of the Company, with information sufficient to identify the
Insured Employee shall be deemed notice to the Company.
CLAIM FORMS. The Company, upon receipt of a written notice of claim, will furnish to the claimant
such forms as are usually furnished by it for filing proofs of loss. If such forms are not furnished within
15 days after the giving of such notice.the claimant shall be deemed to have complied with the requirements
of this policy as to proof of loss upon submitting, within the time fixed in this policy for filing proofs of
loss, written proof covering the occurrence, the character and the extent of the loss for which claim is made.
PROOFS OF LOSS. Written proof of loss must be furnished to the Company, in case of claim for
loss for which this policy provides any periodic payment contingent upon continuing loss, within 90 days
after the termination of the period for which the Company is liable, and in case of claim for any other
loss, within 90 days after the date of such loss. Failure to furnish such proof within the time required shall
not invalidate nor reduce any claim if it was not reasonably possible to give proof within such time, provided
such proof is furnished as soon as reasonably possible and in no event, except in the absence of legal
capacity of the claimant, later than one year from the time proof is otherwise required.
TIME OF PAYMENT OF CLAIM. Indemnities payable under this policy for any loss other than loss
for which this policy provides periodic payments will be paid as they accrue immediately upon receipt of
due written proof of such loss. Subject to due written proof of loss, all accrued indemnity for loss for which
this policy provides periodic payment will be paid each month and any balance remaining unpaid upon the
termination of the period of liability will be paid immediately upon receipt of due written proof.
PAYMENT OF CLAIMS. Indemnity for loss of life will be payable in accordance with the bene-
ficiary designation and the provisions respecting such payment which may be prescribed herein and effec-
tive at the time of payment. If no such designation or provision is then effective, such indemnity shall
be payable to the estate of the Insured Employee. Any other accrued indemnities unpaid at the Insured
Employee's death may, at the option of the Company, be paid either to such beneficiary or to such estate.
All other indemnities will be payable to the Insured Employee.
If any indemnity of this policy shall be payable to the estate of the Insured Employee or to an Insured
Employee or beneficiary who is a minor or otherwise not competent to give a valid release, the Company
may pay such indemnity up to an amount not exceeding one thousand dollars to any relative by blood or
connection by marriage of the Insured Employee or beneficiary wbo is deemed by the Company to be
equitably entitled thereto. Any payment made by the Company in good faith pursuant to this provision
shall fully discharge the Company to the extent of such payment.
Subject to any written direction of the Insured Employee in an application or otherwise all or a
portion of any indemnities provided by this policy on account of hospital, nursing, medical or surgical
service may, at the Company's option, and unless the Insured Employee requests otherwise in writing not
later than the time for filing proof of such loss, be paid directly to the hospital or person rendering such
services, but it is not required that the service be rendered by a particular hospital or person.
PHYSICAL EXAMINATION AND AUTOPSY. The Company at its own expense shall have the
right and opportunity to examine the person of any individual whose injury or sickness is the basis of
claim when and as often as it may reasonably require during the pendency of a claim hereunder and to
make an autopsy in case of death, where it is not forbidden by law.
LEGAL ACTION. No action at law or in equity shall be brought to recover on this policy prior to
the expiration of 60 days after written proof of loss has been furnished in accordance with the requirements
of this policy. No such action shall be brought after the expiration of three years after the time written
proof of loss is required to be furnished.
CHANGE OF BENEFICIARY. The right to change of beneficiary is reserved to the Insured Employee,
and the consent of the beneficiary or beneficiaries shall not be requisite to any change in beneficiary.
CONFORMITY WITH STATE STATUTES. Any provision of this policy which, on its effective date,
is in conflict with the statutes of the state in which this policy was delivered or issued for delivery is hereby
amended to conform to the minimum requirements of such statute.
Part IX MISCELLANEOUS PROVISIONS
The Insured Employees shall have the sole right to select their own physician, surgeon and hospital
and a physician -patient relationship shall be maintained.
This policy is not in lieu of and does not affect any requirements for coverage by Workmen's Com-
pensation Insurance.
�® R IJ U Ri Q- RTAL
`�LICCI�� J 4i4V101�
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Policy Number
SR 191285
GROUP
SALARY CONTINUANCE
ACCIDENT AND SICKNESS
POLICY
This Policy provides Payment for
Loss resulting from Bodily Injury
caused by an Accident and Loss
of Time resulting from Sickness
—to the extent herein provided.
SRP 13038Y-A (Monthly)
xa
STATEMENT OF THE ACTION'OF CITY COUNCIL
Council Chamber, City Hall
Huntington Beach, California
Monday, March 2, 1970
Mayor Green called the regular meeting of the
City Council of the City of Huntington Beach to order at 4:30
o'clock P.M.
Councilmen Present:
n
Councilmen Absent:
CONSENT CALENDAR (ITEMS APPROVED)
tney, Coen,
Following the reading by title of Resolutions contained therein, on'
motion by Bartlett, and carried unanimously, the following consent
items were approved andadopted as recommended, by the following
roll call vote:
AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen,
Green
NOES: Councilmen: None
ABSENT: Councilmen: None
14. REQUEST - H. B. FIREMAN'S BENEVOLENT ASSN. & H. B. PEACE OFFICERS ASSA
Approved requests from the Huntington Beach Fireman's Benevolent Associ-
Ation and Huntington Beach Peace Officers Association for formal accept-
ance as "Formally Recognized Employee Organizations".
�k*�k�k�k�k�F�k�t*lr�k�k�-kyt*�k�F�k�k�k�•ie�t7k�k�hY�lr�t�,k�k*fie**ic�k*�k�c*�l k�Y�r*
On motion by Bartlett the regular meeting of
the City Council of the City of Huntington Beach adjourned, at 12:30 A.M.
to Monday, March 9, 1970 at 7:30 P.M. in the Council
Chamber. Motion carried.
Paul C. Jones
City Clerk and ex-officio Clerk
of the City Council of the City
--- __�_- of Huntington Beach, California
ATTEST: - N. John V. V. Green
Paul C. Jones Mayor
City Clerk
STATE OF CALIFORNIA )
County of Orange ) as:
City of Huntington Beach )
I, PAUL C. JONES, the duly elected, qualified and acting City Clerk
of the City of Huntington Beach, California, do hereby certify that
the above and foregoing is a true and correct Statement of Action
of the City Council of said City at their regular
meeting held on the 2nd. day of March , 1970
_
WITNESS my hand and seal of the said City of Huntingtor..Beach this
the 12th day of March 1 -
!�'-^' y_�,,'. ter✓+-•�f��
City Clerk and fix-officio Clerk
of the City Council of the City
of Huntington Beach, CA-lifornia
BY:
Deputy
1
September 16, 1970
Paul Jones
City Clerk
Dear Sir:
The Huntington Beach Fireman's Association requests
through its representative that it be placed on the
agenda of the September 21, 1970 meeting. The
Association would like to speak to the Council on
the subject of the memorandum of understanding
between the City of Huntington Beach and the
Huntington Beach Fireman's Association.
Thank .you,
4
Andrew vanderlaan
President, Huntington
Beach Fireman's Association
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F} 1%,Q -ft ev
AS; 0 e-
APPROVED By CITY COUNCIL
22 September 1975 ��••••�/•"�•?�—_192-1
--- -- ------ ------ _ _
CITY CLERK-�
TO: Members of the City Council
FROM: City Attorney
SUBJECT: City and Fire Association - Impasse Arbitration
SUGGESTED MINUTE ACTION:
The City Council approves the Arbitrator's Award and di Vects
the City Negotiating Staff to meet with the Fire Association
representatives and prepare a final memorandum of understanding,
incorporating all necessary and required language, and also
reflecting the arbitration award. Upon completion, the
memorandum of understanding shall be presented to the City
Council for adoption at which time the agreement shall be
implemented according to the terms thereof.
Respectfully submitted,
DON P. BONFA
City Attorney
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