HomeMy WebLinkAboutHBFA - Huntington Beach Firefighter's Association - 1980-08-04Huntington
Beach
Firefiighters
, 40
Association
1987
- 1990
6001070
REQUEb f FOR` CITY COUNCIL_- %ACTION = --
Date June 20, 1988
Submitted to: HONORABLE MAYOR and CITY COUNCI
Submitted by: PAUL E. COOK, City Administrator
Prepared by: ROBERT J. F ity Administrat
Ry _RyCITY
Subject: 1 emorandum ofiJnders -Fire Associatnow
I
Consistent
or.
ion.
es [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
ISSUE:.
The City and the Fire Association (FA) have reached agreement .on a 3 year Memorandum
of Understanding (MOU) regarding changes in salaries, benefits and working conditions.
Council adoption of a written MOU is necessary to begin implementation of the terms and
conditions of the MOU.
RECOMMENDATION:
Adopt Resolution approving a three-year MOU between the City and the FA.
ANALYSIS:
Attached is a summary of the tentative agreement with the FA. Council previously
instructed, City representatives to communicate to FA representatives that the tentative
agreement .was acceptable and to prepare a written agreement.
The cost to the City of the 3 year MOU is approximately a 5 % per year increased cost in
total salaries and benefits. In order to afford the cost of some of the benefit
improvements the FA agreed to cost reduction or cost avoidance provisions in the new
MOU. In addition to the cost reduction, the City benefits from the fact that this
agreement is for 3 years, thereby providing predicatble costs for salaries and benefits and
avoiding lengthy and costly negotiations. The FA also enjoys these same benefits plus the
salary/benefits enhancements as described.
FUNDING SOURCE:
Annual Salary and Benefit budgets.
ALTERNATIVE ACTIONS:
Request further meeting and conferring.
ATTACHMENTS:
Resolution
MOU
0600J
Plo 5/85
RESOLUTION NO. 5898
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING AND
IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE HUNTINGTON BEACH FIREMEN'S
ASSOCIATION AND THE CITY OF HUNTINGTON BEACH
FOR 1987-1990
_ The City Council of the City of Huntington Beach does
resolve as follows:
The Memorandum of Understanding between the City of
Huntington Beach and
the Huntington Beach
Firemen's
Association, dated
To2%1 /qc�—n/
'U
, a
copy of which
is attached hereto and by reference made a part hereof, is
hereby approved and ordered implemented in accordance with the
terms and conditions thereof, and the City Administrator is
authorized to execute this agreement. Such Memorandum of
Understanding shall be effective for the term October 1, 1987,
to September 30, 1990.
ATTEST:
Ciity Clerk
APPROVED-. AS
Deputy City
TENT:
ministrat'or
Fire Chief
Mayor Pro Tem
APPROVED AS TO FORM:
City Attorney
APPROVED:
City Administrator
TABLE OF CONTENTS
TITLE PAGE
Preamble I
Article 1 Representational Unit 1
Article 2 Salary Schedules 2
Article 3 Work Schedules, Hours Worked, Paid Overtime,
Compensatory Time, Standby and Pagers 2
Article 4 Minimum Manning and Filling of Vacancies 5
Article 5 PERS Reporting and Reimbursement 7
Article 6 Retirement 8
Article 7 Sick Leave 9
Article 8 Holidays 10
Article 9 Vacations 10
Article 10 Bereavement Leave 12
Article 11 Insurance 12
Article 12 Education Incentive Plan 16
Article 13 Court Service 17
Article 14 Compensation for Supervisors 17
Article 15 Administrative Appointment 17
Article 16 Certification in Class and Additional Compensation 18
Article 17 Assigned Shift Policy 20
Article 18 Promotional Examinations 20
Article 19 Safety Clothing and Uniforms 21
Article 20 Time Off - Association Business 23
Article 21 Quarters 23
Article 22 Reinstatement of Employees No Longer Disabled 23
Article 23 Personnel Rules 23
Article 24 Layoffs 23
Article 25 Precedence 23
Article 26 Severability 24
Article 27 Existing Conditions of Employment 24
Article 28 Management Rights 24
Article 29 Term of Memorandum of Agreement 24
Article 30 City Council Approval 25
List of Exhibits:
A Salary Schedule
B Health Net Plan Description
C FHP Plan Description
D CITY Indemnity Health Plan Description
E Retiree Medical Plan
F Dental Plans -,;AG �
H xl
I Resolution #3335 - Unit Modification
J Personnel Rules Changes
0440X (06/07/88)
MEMORANDUM OF UNDERSTANDING
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 period
October 1, 1987 to September 30, 1990, and,
All terms and conditions of this Memorandum of Understanding (MOU) shall apply
to all employees represented by the ASSOCIATION; and
The representatives of the CITY and the ASSOCIATION desire to reduce their
agreements to writing,
NOW, THEREFORE, this Memorandum of Understanding is made this of
June, 1988 and becomes effective as of October 1, 1987 and it is agreed as follows:
ARTICLE 1
REPRESENTATIONAL UNIT
A. 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
classifications:
Deputy Fire Marshal
Fire Captain
Fire Captain Paramedic
Fire Controller
Fire Engineer
Fire Engineer Paramedic
Firefighter
Firefighter Paramedic
Fire Protection Specialist
Reserve Firefighter
Supervising Fire Controller
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` B. The CITY and the ASSOCIATION have agreed to a procedure whereby the -
CITY, by and through the Personnel Director, would be entitled to propose a Unit
Modification. This agreement consists of a modification of the City of Huntington Beach
Employer -Employee Relations Resolution (Resolution Number, 3335) as set forth in and
attached hereto as Exhibit "I." The CITY hereby agrees not to propose a unit modification
of the existing FIRE ASSOCIATION unit. .
ARTICLE 2
SALARY SCHEDULES
A. Effective October 1-, 1987, through September 30, 1990, the base salary of
each employee represented by the ASSOCIATION shall be as set forth in the Salary
Schedule attached hereto and incorporated herein by this reference, as Exhibit "A."
B. Salary shall be paid on a biweekly basis. By mutual consent of CITY and
ASSOCIATION, early payment and other modifications may be made.
C. Paychecks shall be ready and available for distribution to each employee by
0700 hours on each pay day at the Joint Powers Training Center, except in the case of
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
WORK SCHEDULES, HOURS WORKED, PAID OVERTIME,
COMPENSATORY TIME, STANDBY AND PAGERS
A. WORK SCHEDULES
1. All Fire Controllers shall work the ten (10) and fourteen (14) hour shift,
forty (40) hour average work week schedule. For each shift actually worked, Fire Con-
trollers shall receive as compensation for break periods worked, an additional sum equal
to one-half (1/2) hour's base salary, which sum shall be added to and become a part of the
employee's base salary and shall not be regarded as overtime hours worked for the
computation of overtime.
2. All twenty-four (24) hour shift employees shall work an average of
fifty-six (56) hours per week pursuant to the current schedule of five (5) twenty-four (24)
hour shifts in a fifteen (15) day period with six (6) consecutive days off.
3. All twenty-four (24) hour shift employees shall be on a fourteen (14) day
work period as defined by the Fair Labor Standards Act (FLSA).
4. Fire Prevention/Staff and administrative work schedules are to be forty
(40) hours per week on a four (4) day work week, ten (10) hours per day.
0440K (06/07/88) -2-
The maximum time allowed within the forty (40) hour work week
schedule for both lunch and physical fitness shall not exceed four (4) hours within any
given work week. All physical fitness activities considered to be work activities shall be
conducted on duty within fire stations and under supervision.
5. The Fire Department shall allow ASSOCIATION members exchanges of
schedule pursuant to Policy D-7 of the Huntington Beach Fire Department Organization
Manual. Policy D-7 (Exchange of Schedule) may be modified by mutual agreement of the
parties at any time during the term of this MOU. Exchanges of time shall not be
considered when computing hours worked as defined in this Article.
B. HOURS WORKED
1. Hours worked shall be defined as actual time worked, approved
vacation, compensatory time off, bereavement leave, industrial injury or illness leave,
with the exception of exchange of shift not being included. Sick leave shall be excluded
from the definition of "hours worked" except as provided in Article 3.B.2 and 3.B.3 below.
2. For Fire Controllers, in each work period (seven (7) days) in which they
are scheduled to work forty-eight (48) hours, hours worked shall be defined as actual time
worked, approved vacation and/or compensatory paid leave and/or up to eight (8) hours of
paid sick leave and/or leave for industrial illness or injury.
3. Effective July 9, 1988, employees on a twenty-four (24) hour shift
schedule shall not lose premium pay for regularly scheduled hours if sick leave is taken
during the fourteen (14) day work period.
4. An employee shall be considered to be working if he/she is ordered to
duty by the Fire Chief or his designee.
5. Exchange of shifts shall occur at 0800 hour each day. However,
employees shall actually arrive sufficiently in advance of 0800 so as to comply with Fire
Department Rules and Regulations, Policy B-2, Section 7.37. Said advance time -shall not
constitute hours worked.
6. An employee may be relieved by any other employee who is qualified to
relieve him/her 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. This early relief privilege may be revoked
by the employee's supervisor if abuses occur. It is understood and agreed that such early
relief provisions shall not result in any additional cost to CITY.
7. Meal periods are paid as hours worked for personnel who are subject to
call for emergency duty.
0440X (06/07/88) -3-
8. 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 (1 /4) hour.
C. PAID OVERTIME
1. The CITY will maintain and adhere to the overtime system as set out in
Huntington Beach Fire Department Organization Manual, Policy D-3. The overtime
system and/or Policy D-3 may be modified by mutual agreement of the parties at any
time during the term of this MOU.
2. All employees covered by this MOU shall be eligible for overtime pay at
their premium hourly rate for all actual work performed in excess of the employees
scheduled hours in their declared work period.
3. Any employee who voluntarily works overtime in a different
classification shall be compensated at a rate of pay consistent with the classification
worked. Any employee who is ordered in to work in a lower classification shall" be
compensated at the rate attendant to his/her regular classification.
4. CANCELLATION OF SCHEDULED OVERTIME. Any employee who is
scheduled to work overtime in advance of the, time set forth for such scheduling in
Huntington Beach Fire Department Organization Manual, Policy D-3, which scheduling is
subsequently cancelled less than seventy-two. (72) hours in advance of the commencement
of the scheduled overtime shift, shall receive a minimum of two (2) hours pay on an hourly
basis.
5. MINIMUM CALLBACK COMPENSATION. Employees who are ordered
to return to duty on other than their regularly scheduled shift shall receive a minimum of
two (2) hours compensation on an hourly basis.
6. An employee who is required to attend a class or seminar to maintain
his/her current position shall have his/her related expenses paid by the _CITY. When
attendance occurs at a time when the employee is not scheduled to work, he/she shall be
compensated on an hourly basis.
D. COMPENSATORY TIME
1. All overtime worked by non-exempt employees shall be compensated at
the employees' premium hourly rate of pay and shall not be compensated by compensatory
time off.
2. For all exempt employees, in lieu of compensation by cash payment for
overtime as provided in this Article, Section C.2, such employees may, at their option,
and with approval of the Fire Chief, be compensated by compensatory time at a straight
time rate, on an hour for hour basis.
0440X (06/07/88) -4-
Compensatory time may be accumulated to a maximum of one hundred
twenty (120) hours. Compensatory time may be taken on an hour for hour basis only with
the permission of the Fire Chief, with due consideration for the request of the employee
and particular regard for the need of the Department. Upon his/her request, any
employee may elect to convert all or a portion of compensatory time to a cash payment
at the employees premium hourly rate. Any such payment shall be made on the next
regular payday, following the request, provided the request is made by the end of the
previous payroll period.
Compensatory time may not be received _in lieu of a cash payment for
time worked during major emergencies when, in the opinion of the Fire Chief, the City
may be eligible for reimbursement from another agency for said cash payment.
At the time of any change in the Salary Schedule, any accumulated
time which has not been used or paid off, shall be paid in cash at the premium hourly rate
based upon the salary schedule in effect prior to the change.
E. MANDATORY STANDBY. Any employee may be placed on "mandatory
standby" by the Fire Chief or his designee. Employees on mandatory standby must remain
available for immediate response during the designated standby period. All personnel
placed on mandatory standby shall receive a minimum of two (2) hours compensation for
each twelve (12) hours of off duty standby time or fraction thereof.
F. PAGERS. Recognizing that personal pagers are part of the Fire
Department's business and emergency alerting system, pagers shall be issued and worn
only on a voluntary basis, with the exception of members who are placed on mandatory
standby who may be required to wear a personal pager while on such standby. An
employee placed on mandatory standby may voluntarily wear a pager, and if so, shall
receive a minimum of two (2) hours compensation for each twenty-four (24) hours of off
duty standby time or fraction thereof-.
Members -assigned to special staff or prevention duties and voluntarily
receiving other types of consideration (i.e., twenty-four (24) hour assigned vehicle) may be
required to wear pagers and respond while off duty when within pager call range.
ARTICLE 4
MINIMUM MANNING AND FILLING OF VACANCIES
A. MINIMUM MANNING. The CITY shall cause apparatus to be manned with
sufficient manpower to assure the safety of employees and the control of risk. For these
purposes, 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 or Firefighter Paramedic.
0440X (06/07/88) -5-
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) Firefighter Paramedic or two (2) Firefighter Paramedics.
4. Paramedic units shall be manned with no less than two (2) paramedics
from the following appointed ranks; Firefighter Paramedic, Fire Engineer Paramedic or
Fire Captain 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.
times.
6. There shall be at least two (2) qualified Fire Controllers on duty at all
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. He may be utilized to fill a position for which he, is qualified to serve in cases of
temporary fill-in of four (4) hours or less.
B. FILLING OF VACANCIES
1. Employees acting in a higher classification, when properly qualified and
compensated in accordance with Article 3, shall be considered equivalent to the required
classification.
2. Either one (1) Firefighter or one (1) Firefighter Paramedic assigned to a
truck company may be utilized for special assignments for a period not to exceed four (4)
hours in any one shift.
0440X (06/07/88) -6-
3. REPLACEMENT CALLBACK. 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 this Article, 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. In the event an existing engine or
truck company is placed out of service, those persons previously assigned thereto may be
utilized to fill any such vacancy prior to the use of off duty personnel on an overtime
basis.
4. Manning vacancies shall be filled rank for rank whenever possible. In
the event that a vacancy cannot be filled by voluntary overtime, persons qualified to fill
said vacancy may be utilized at the discretion of the Fire Chief to maintain adequate.
manning levels.
5. In the event that a Firefighter Paramedic, who is scheduled to work on
a paramedic unit in order to satisfy minimum manning obligations, is absent, such vacancy
must be filled by an off duty Firefighter Paramedic working on a voluntary overtime
basis, if available, instead of transferring a Firefighter Paramedic from a truck company
and filling that vacancy by the use of an off duty firefighter on an overtime basis.
C. DEFINITIONS
1. 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.
2. 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.
3. For the purpose of this Article, a Paramedic unit shall be defined as any
Fire Department vehicle that is manned with no less than two (2) Firefighter Paramedics.
-D. NEW EQUIPMENT. Any Fire Department apparatus, vehicles, technological
changes, and new innovations will be discussed with the ASSOCIATION, along with any
minimum manning requirements, prior to being placed in full service for immediate
response.
ARTICLE 5
PERS REPORTING AND REIMBURSEMENT
A. For the purpose of reporting base salary to the Public Employees Retirement
System (PERS), for all twenty-four (24) hour shift employees, such compensation shall be
computed on the basis of one hundred six (106) hours at the employee's regular rate, and
six (6) hours at the employee's premium rate under FLSA for each fourteen (14) day work
period, except when the employee is in "lost time" status. Lost time status is defined as
0440X (06/07/88) -7-
.ime when the employee is regularly scheduled to work and does not work and receives no
compensation.
B. Each safety employee covered by this MOU shall continue -to be reimbursed
an amount equal to nine percent (9 %) of the employee's base salary as the CITY's
payment toward the employee's contribution to the Public Employees Retirement System.
Each non -safety employee shall continue to be reimbursed an amount equal to
seven percent (7 %) of their PERS contribution.
The above PERS pickup is not base salary but is done pursuant to Section
414(h)(2) of the Internal Revenue Code. The above pickup shall be credited to the _
employee's account with PERS.
Should any ruling by either the PERS or other State or Federal agency nullify
the benefit authorized above, the CITY and the ASSOCIATION agree to reopen
negotiations regarding wages and salaries.
C. Each employee eligible for service retirement may have his/her PERS pickup
reported as compensation for all or any part of any twenty-four (24) month period prior to
his/her service retirement date upon written request to the Finance Director. Such
modified reporting shall be limited to a maximum period of twenty-four (24) months
preceding retirement (Government Code Section 20022). Requests for retroactivity, if
permitted by PERS, will be decided on an individual request basis and shall require the
approval of the Personnel Director.
ARTICLE 6
RETIREMENT
A. The CITY shall provide all safety employees with that certain retirement
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
(PERS), Sections 20952.5 and 21252.01 of the California Government Code, including the
one-half continuance option (Government Code Sections 21263 and 21263.1) -for safety
employees and the survivor option for all employees as established by the California
Public Employees' Retirement System, Section 21382 of the California Government Code.
B. The CITY shall contract with PERS to have retirement benefits calculated
based upon the employee's highest one year's compensation, pursuant to the provisions of
Section 20024.2 (highest single year).
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 shall survive the term of this MOU.
0440X (06/07/88) -8-
E. In the event a member elects Option #2 (Government Code Section 21333) or
Option #3 (Government Code Section 21334) of the Public Employees' Retirement law,
the CITY shall pay the difference between such elected option and the unmodified
allowance which the member would have received for his/her life alone. This payment
shall be made only to the member, shall be payable by the CITY during the life of the
member, and upon that member's death, the CITY's obligation shall cease. The method of
funding this benefit shall be the sole discretion of the CITY. This benefit is vested for
employees covered by this MOU (Note: The options provide that the allowance is payable
to the member until his/her death, and then either the entire allowance [Option #21 or
one-half (1/2) of the allowance [Option #31 is paid to the beneficiary for life). Nothing in
this Article shall be deemed to restrict the CITY's right to contract with PERS for the
benefits provided under this Article.
ARTICLE 7
SICK LEAVE
A. Sick leave accrual shall be in accordance with Rule 18-9 of the CITY's
Personnel Rules. Employees covered by this MOU shall accrue sick leave at the rate of
3.6923 hours per pay period. Effective July 9, 1988, the conversion factor for sick leave
usage for twenty-four (24) hour shift personnel shall be changed from .6667 to .7143. All
accumulated hours on the books as of July 9, 1988, for all personnel, except Fire Control-
lers and Supervising Fire Controllers, shall be increased by multiplying such hours by
1.07145.
B. SICK LEAVE ACCUMULATION PAYOFF
1. Upon termination for reasons other than for industrial disability
retirement, employees shall be paid (or have paid on their behalf as provided in Article 11)
at their current salary rate for twenty-five percent (25 0) of unused, earned sick leave
from four hundred eighty (480) through seven hundred twenty (720) hours, and for fifty
percent (50 %) of all unused, earned sick leave for hours in excess of seven hundred twenty
(720) hours.
2. Upon termination for industrial disability retirement, employees shall
be paid (or have paid on their behalf as provided in Article 11) at their current salary rate
for twenty-five percent (25 %) of unused, earned sick leave from zero (0) through four
hundred eighty (480) hours, and for fifty percent (50 %) of all unused, earned sick leave in
excess of four hundred eighty (480).
C. Sick leave cannot be used to extend absences due to work related (industrial)
injuries or illnesses.
0440X (06/07/88) -9-
D. FAMILY SICK LEAVE
1. Twenty-four (24) hour shift employees shall be entitled to charge up to
three (3) shifts per year of sick leave for family sick leave as presently defined in the City
Personnel Rules, where the attendance of the employee is required.
2. Other employees shall be entitled to family sick leave in accordance
with Rule 18-8(d) of the CITY's Personnel Rules.
3. The Fire Chief may authorize an employee to charge additional sick
leave for family sick leave in the event of serious illness of an employee's dependent(s),
where warranted by the circumstances.
ARTICLE 8
HOLIDAYS
A. Employees shall be compensated by the CITY in lieu of holidays at the rate of
.0385 of the employee's monthly salary rate set forth in Article 2, payable each and every
pay period. The following are the recognized legal holidays under this MOU:
1. New Year's Day (January 1)
2. Martin Luther King's Birthday
3. President's Day (third Monday in February)
4. Memorial Day (last Monday in May)
5. Independence Day (July 4)
6. Labor Day (first Monday in September)
7. Veterans' Day -(November 11)
8. Thanksgiving Day (fourth Thursday in November)
9. Friday after Thanksgiving
10. Christmas Day (December 25)
11. Any day declared by the President of the United States to be a
national holiday, or by the Governor of the State of California to be a
state holiday, and adopted as an employee holiday by the City
Council of Huntington Beach.
B. Holidays which fall on Sunday shall be observed the following Monday, and
those falling on Saturday shall be observed the preceding Friday.
C. Employees designated by the Fire Chief who are required to work regular
shifts on the above holidays set forth in Article 8, Section A, shall not be entitled to time
off or overtime.
ARTICLE 9
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.
B. VACATION ALLOWANCE. Permanent, full time employees shall accrue
0440X (06/07/88) -10-
annual vacations at the following rates:
1. For the first four (4) years of continuous service, vacation time shall be
accrued at the rate of one hundred and twelve (112) hours per year.
2. After four (4) years of continuous service to the completion of nine (9)
years of continuous service, vacation time shall be accrued at the rate of one hundred
thirty six (136) hours per year.
3. After nine (9) years of continuous service to the completion of fourteen
(14) years of continuous service, vacation time shall be accrued at the rate of one hundred
sixty (160) hours per year.
4. After fourteen (14) years of continuous service, vacation time shall be
accrued at the rate of one hundred ninety-two (192) hours per year.
5. Employees with twenty (20) years of continuous service as of
July 9, 1988 shall accrue vacation time at a rate of 205.72 hours per year.
6. Vacation allowance shall not be accumulated in excess of three hundred
twenty (320) hours.
C. CONVERSION FACTOR. Effective July 9, 1988 the conversion factor for
vacation usage for twenty-four (24) hour shift personnel shall be changed from .6667 to
.7143. All accumulated hours on the books as of July 9, 1988, for all personnel, except
Fire Controllers and Supervising Fire Controllers, shall be increased by multiplying such
hours by 1.07145.
D. VACATION: WHEN TAKEN. No vacation may be taken until the completion
of six (6) month's of employment. No employee shall be permitted to take a vacation in
excess of actual time earned and no employee shall take vacation that is being accrued
while the employee is on vacation. Vacations shall be taken only with permission of the
Fire Chief or his designee, who shall schedule all vacations with due consideration for the
request of the employee and particular regard for the need of the Department.
E. CASH PAYMENT.
1. On two (2) occasions during each fiscal year, each employee shall have
the option to convert into a cash payment up to a total of eighty (80) hours of earned
vacation benefits, provided that no more than eighty (80) total hours of earned vacation
benefits shall be so converted during any one (1) fiscal year. The employee shall give two
(2) week's advance notice of his/her desire to exercise such option.
2. Vacation accumulated in excess of three hundred twenty (320) hours
shall be paid in cash at the straight time rate on the first payday following such
accumulation.
3. Cash payment in paragraph E.1 above may be reported to PERS as
salary.
0440X (06/07/88) -11-
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
calendar year.
G. VACATION PAY UPON TERMINATION. Except as provided in Section E of
this Article, 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/her current salary rate for all unused, earned vacation to which he/she is entitled up
to and including the effective date of his/her 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. These slots shall be made
available by rank, one (1) to Firefighters, one (1) to Engineers, one (1) to Firefighter
Paramedics and one (1) to Captains. Thereafter, each additional employee shall be
entitled to receive time off for requested vacation leave, so long as a qualified
replacement is available to serve in his absence.
ARTICLE 10
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 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, stepgrandm other, grandchildren,
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 11
INSURANCE
A. MEDICAL INSURANCE
1. The CITY shall provide group medical insurance benefits to all
employees effective on date of hire. The CITY shall provide an indemnity plan as well as
two (2) HMO plans from which the employee may choose. The HMO plans available for
the duration of this MOU shall be Health Net and Family Health Plan. The Plan
0440X (06/07/88) -12-
Documents for these plans are attached hereto as Exhibits "B" and "C" respectively.
2. The coverage and benefits provided under the CITY Self -Insured and
Self -Administered Indemnity Plan (hereinafter called "the Plan") shall be as provided in
the Employee Health Plan Document, attached hereto as Exhibit "D."
3. The CITY shall pay the monthly premiums for eligible dependents of
employees under any of the Plans effective the first of the month following the month
during which the employee completes three (3) years of full time continuous service with
the CITY subject to paragraph 4 below.
4. The CITY's obligation to pay for health insurance premiums -shall be
limited to four hundred dollars ($400) per month for the duration of this MOU. If the
maximum monthly premium for coverage under the CITY's Employee Health Plan, FHP,
or Health Net exceeds four hundred dollars ($400) on January 1, 1990, or any month
thereafter during the term of this MOU, the parties agree to reopen the meet and confer
process for the limited purpose of discussing the CITY's maximum contribution towards
premiums.
5. Modifications to Exhibit "D."
a. Effective January 1, 1988, the maximum out-of-pocket expense
for covered expenses shall be five hundred fifty ($550) per person per year after the
deductible has been met.
b. Effective January 1, 1988, the Medical Insurance Plan shall be
modified to increase the deductible from one hundred twenty five ($125) to one hundred
fifty dollars ($150) per person; and the maximum deductible per family shall be increased
from three hundred seventy-five ($375) to four hundred dollars ($400) per family during
any period of benefit entitlement as described in Exhibit "D."
C. Effective January 1, 1988, there shall be a benefit not to exceed
two hundred dollars ($200). per person per year for preventive medical_ care expenses.
Such care shall not be subject to annual deductibles or co -payment provisions -of the plan
and shall include preventive medical care expenses such as, but not limited to, an
every -other -year physical exam for adults, yearly PAP test for females, all inoculations
for children, three (3) exams for an infant in the first year of life, flu shots, chest x-rays,
EKG, and other diagnostic lab tests.
d. Effective January 1, 1988, the CITY shall implement a Substance
Abuse Treatment Program with five (5) days of in -patient care for detoxification with a
lifetime maximum benefit of ten thousand dollars ($10,000).
6. Upon retirement, whether service or disability, each employee shall
0440X (06/07/88) -13-
have the following options in regards to medical insurance under CITY sponsored plans:
a. With no change in benefits, retirees can stay in any of the plans
offered by the CITY, at the retiree's own expense, for the maximum time period required
by Federal Law (COBRA), or
b. Retirees retiring after approval of this MOU may participate in
the Retiree Medical Plan, attached hereto as Exhibit "E," or either of the HMO plans
currently being offered to retirees, based upon the eligibility requirements described in
Exhibit "E." Any employee who retired between October 1, 1987 and May 9, 1988 or on
May 9, 1988 is reporting his/her PERS pickup as compensation pursuant to Article 5, shall
receive benefit payments under this plan identical to benefit payments provided to
employees retiring after October 1, 1989.
7. Retired employees exercising either of the options in Article ll.A.6
above may cause any premiums not paid by the CITY to be paid out of funds due and owed
to them for unused sick leave benefits upon retirement, as provided in Article 7.
However, whenever a retired employee does not have any such available funds he/she shall
have the opportunity to provide the CITY with sufficient funds to pay the premiums. At
retirement, the sick leave hours remaining may, at the employee's option, be converted to
a dollar figure, as provided in Article 7, and an estimate shall be provided by the CITY to
the retired employee as to the approximate number of months the group insurance can be
paid by such sick leave dollars. The CITY shall notify any retired employee whose funds
available for unused sick leave benefits are about to be exhausted, of such fact, in writing
by certified mail, return receipt requested, at the retired employee's most recent address
of record with the CITY no later than three (3) months prior to the date upon which there
will not be sufficient funds to pay premiums. It shall be the individual retiree's
responsibility either to insure that there are sufficient sick leave dollars available to pay
premiums or to make premium payments at least one (1)-month in advance, to -continue
the group insurance in effect. If, following exhaustion of sick leave funds,- a retired
employee fails to provide the CITY with sufficient additional funds to pay premiums, the
CITY shall have the right to notify said retired employee in the manner prescribed 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 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 owed to him/her for unused sick leave benefits that have not been
exhausted to pay these health insurance premiums shall be paid in a lump sum to the
0440X (06/07/88) -14-
retired employee within thirty (30) days following receipt by the CITY of such notice.
'Once a retired employee elects to terminate such coverage, he/she shall be precluded
from securing it at a later date at the group rate.
B. DENTAL INSURANCE. The CITY shall provide each employee and his/her
dependents the dental and/or orthodontic insurance program contained in PMI Policy
#0038 or Delta Dental Policy #4729-0003, attached .hereto as Exhibits "F-1" and °F-2"
respectively. Employees may choose either plan.
C. VISION CARE INSURANCE. The CITY shall implement a Vision Care Plan
effective January 1, 1989 for employees -and their dependents at an approximate
composite cost of twelve dollars ($12) per month per employee, to be paid by the CITY.
When implemented, the Vision Care Plan description shall be attached hereto as Exhibit
nGn
D. LIFE INSURANCE
1. The CITY shall provide a Life Insurance Plan for the employees covered
by this MOU. Said plan shall be equal to that provided by Standard Insurance Company
Policy 332175-F, Optional Insurance, Section 1B, Plan A, a copy of which is attached
hereto as Exhibit "H-I."
2. The CITY shall provide an Accidental Death and Dismemberment
Insurance Plan for employees covered by this MOU. Said plan shall have a benefit amount
of fifty thousand ($50,000) as described in Bankers Life Policy #SR83,556-50, attached
hereto as Exhibit 11H-2."
E. LONG TERM DISABILITY INSURANCE. The CITY shall pay to the
ASSOCIATION on behalf of each employee covered by this MOU, on a monthly basis, an
amount of thirty four dollars and eighteen cents ($34.18) per member for a Long Term
Disability Policy. The CITY's sole obligation under this paragraph shall be to make
payments to the ASSOCIATION in accordance with the above schedule.
F: MISCELLANEOUS PROVISIONS
1. Nothing in this Article shall be deemed to restrict the CITY's right to
change insurance carriers should circumstances warrant.
2. Nothing in this Article shall be deemed to obligate the CITY to improve
the benefits outlined in this Article.
3. Whenever an eligible employee is absent because of illness or injury, the
CITY shall continue to provide to the employee and his dependents, all of the insurance
benefits set forth in this Article for the duration of any such approved absence not to
exceed twenty-four (24) months.
0440X (06/07/88) - -15-
ARTICLE 12
EDUCATION INCENTIVE PLAN
A. It is the purpose and intent of the Education Incentive Plan to motivate the
employee to participate in, and continue with his/her education so as to improve his/her
knowledge and general proficiency which will, in turn, result in additional benefits to the
Fire Department and to the CITY. As certain levels of additional education are
satisfactorily completed and attained, the employee will receive additional monetary
compensation in recognition of his/her educational achievement.
1. Any employee who has completed three (3) years of service with the
Huntington Beach Fire Department and has attained the equivalent of E step Fire
Controller, Firefighter or higher rank and has attained an Associate of Science Degree in
Fire Science, or an equivalent course of study as determined by the Education Committee
and the Fire Chief, shall receive an additional monthly payment of one hundred dollars
($100). Fire Controllers may also qualify for this level of education incentive pay if they
have a Bachelors Degree in Communications or Sociology.
2. Any employee who has completed six (6) years of service with the
Huntington Beach Fire Department and has attained the equivalent of E step Fire
Controller, Firefighter or higher rank, and has attained a Bachelors Degree in Fire
Administration, Public Administration, or an equivalent course of study as determined by
the Education Committee and the Fire Chief, shall receive an additional monthly payment
of one hundred twenty dollars ($120). Fire Controllers may also qualify for this level of
education incentive pay if they have a Bachelors Degree in Communications or Sociology.
3. Any employee in the permanent classification titles of Fire Captain,
Deputy Fire Marshal or Fire Controller Supervisor who has completed six (6) years of
service with the Huntington Beach Fire Department, and who has attained a Bachelors
Degree in Fire Administration or Public Administration or an equivalent course of study,
as determined by the Education Committee and the Fire Chief, shall receive an additional
monthly payment of One Hundred Fifty Dollars ($150). Fire Controller Supervisors may
also qualify for this level of education incentive pay if they have a Bachelors Degree in
Business Administration.
B. Notwithstanding the foregoing, any employee currently receiving educational
incentive benefits in any previous approved schedule, shall continue to receive the
monthly payments entitled thereunder, in lieu of any payment available under Section "A"
of this Article, if the current payment exceeds the payment to which the employee would
be entitled under Section "A," if any.
0440X (06/07/88) -16-
C. An Education Committee shall be formed and shall be composed of three (3)
members. Of said three (3) members, one shall be appointed by the ASSOCIATION, one
appointed by the Fire Chief and the third shall be the Personnel Director.
D. Certification to an education award and to the additional monthly
compensation shall commence on the first day of the payroll period the month after
approval.by the Education Committee.
E. Degree majors in an equivalent course of study other than Fire Science, Fire
Administration, or Public Administration, shall be approved in advance by the Education
-Committee.
ARTICLE 13
COURT SERVICE
Employees who are subpoenaed to attend court to serve as witnesses in connection
with matters arising out of the course and scope of employment, 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 14
COMPENSATION FOR SUPERVISORS
A. 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.
B. Effective October 1, 1989, this Article 14 shall be eliminated. The salary
step upon promotion to the classifications listed in this article after October 1, 1989 shall
be determined in accordance with the Personnel Rules.
ARTICLE 15
ADMINISTRATIVE APPOINTMENT
The CITY may, from time to time, administratively appoint employees to
administrative or specialist positions. The personnel appointed to the positions of Deputy
Fire Marshal, Fire Protection Specialist, Fire Captain Paramedic, Fire Engineer
Paramedic, and Firefighter Paramedic, and Fire Control Leadworker shall serve at the
discretion of the Fire Chief. No person shall be appointed to the position of Fire Captain
Paramedic or Fire Engineer Paramedic except on a voluntary basis. Persons appointed to
these positions shall permanently retain their highest previous permanent classification
and anniversary date (step merit salary increases shall coincide with the anniversary date
0440X (06/07/88) -17-
of the employee's permanent classification) which they held prior to their administrative
appointment.
An employee administratively appointed to these positions (with the exception of
Fire Control Leadworker) who subsequently is voluntarily -or involuntarily reassigned to a
position within their permanent classification with a lower rate of pay, shall receive a one
(1) step reduction in pay to initially coincide with ,their reduced assignment and at each
anniversary date thereafter, until their rate of pay equals the rate of pay entitled as if
they had not received the administrative appointment.
A Fire Control Leadworker who voluntarily returns to his/her permanent
classification of Fire Controller, shall immediately lose the additional compensation paid
to Fire Control Leadworkers provided in Article 16. A Fire Control Leadworker who is
involuntarily reassigned to his/her permanent position of Fire Controller shall maintain a
constant rate of pay until such time as the rate of pay for Fire Controller is equal to or
greater than the pay that he/she received as a Fire Control Leadworker (including
additional compensation as provided in Article 16).
Any administratively appointed employee to the positions of either Fire Captain
Paramedic, Fire Engineer Paramedic and Firefighter Paramedic, who has completed five
(5) years of service in the appointed or any other appointed parallel position, may request
to return to their permanent classification, and shall within one (1) year thereafter, be
entitled to return to his/her permanent classification. Any administratively appointed
employee to the positions of Deputy Fire Marshal and Fire Protection Specialist, who has
completed four (4) years of service in the appointed or any other appointed parallel
position, may request to return to their permanent classification, and shall within one (1)
year thereafter, be entitled to return to his/her permanent classification. The pay rate
changes associated with the appointment or reappointment shall follow the process and
procedures established for all positions within the classified service.
Any Firefighter Paramedic who was previously a permanently classified Fire
Paramedic shall retain a vested right to not be administratively reassigned except for
disciplinary demotions or layoff.
This section shall not apply to disciplinary demotions or layoffs.
ARTICLE 16
CERTIFICATION IN CLASS AND ADDITIONAL COMPENSATION
A. Any employee, in a position that did not require certification as a condition
of employment, and who at any time has been or becomes certified by the State Board of
Fire Services in a classification then occupied, shall be entitled, upon request, to a cash
payment of two hundred fifty dollars ($250). Each employee may only receive one such
payment irrespective of the number of times he/she is certified in any position.
0440X (06/07/88) -18-
B. Each time a Firefighter Paramedic, Engineer Paramedic, or Fire Captain
Paramedic working in the .position is recertified as a Paramedic, he/she shall be entitled
to a cash payment of two hundred dollars ($200).
C. All Fire Controllers shall receive Emergency Medical Technician (EMT-1)
certification within (1) one year of their date of hire. Additional compensation of one
hundred twenty dollars ($120) per month (effective December 1, 1987) shall be paid at the
time EMT-1 training begins or at date of hire if employee is already currently certified as
EMT-1.
D. As soon as possible after receiving EMT-1 certification, Fire Controllers shall
obtain EMD certification, and the monthly one hundred twenty -dollars ($120)
compensation shall remain in effect as long as employee's EMD certification remains
current (effective December 1, 1987). Employees hired prior to October 1, 1987, who do
not have EMT-1 certification, may receive certification bonus of one hundred twenty
dollars ($120) when they become EMD certified without previous EMT-1 certification.
E. Supervising Fire Controller who has current EMD certification shall -receive
additional hourly compensation when working as Fire Controller on an hour for hour basis
(effective July 9, 1988).
F. Fire Controllers administratively appointed to the position of Fire Control
Leadworker shall receive additional compensation 'of two hundred dollars ($200) per month.
G. Those members who have been specially trained for the position of Hazardous
Materials Team Responder, and are specifically assigned by the Fire Chief or his designee
to the Hazardous Material Unit or backup unit, shall receive additional compensation in
the amount of one hundred fifty dollars ($150) per month effective upon adoption of this
MOU, by the City Council, increased to one hundred seventy-five ($175) per month
effective October 1, 1988 and further increased to two hundred dollars ($200) per month
effective October 1, 1989.
H. Up to seven (7) employees who have demonstrated their ability to converse in -
Spanish or Vietnamese shall receive a monthly cash payment of fifty dollars ($50). The
manner of demonstrating proficiency and the selection of which eligible employees
receive the cash payment (if more than seven (7) employees are eligible) shall be
determined in a manner to be agreed upon between the Fire Chief and the ASSOCIA-
TION. If the parties are unable to agree, then the determination shall be made by the
Education Committee described in Article 12.C.
I. All compensation paid as a result of this Article shall be reported to PERS as
salary.
0440X (06/07/88) -19-
ARTICLE 17
ASSIGNED SHIFT POLICY
Employees of equal rank shall have the option to change assigned shifts on a
man -for -man basis upon written request to and approval of the Fire Chief.
ARTICLE 18
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 is 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, Policy D.10,
as of the final filing date for the promotional examination.
B. Except for the position of Supervising Fire Controller, where only two (2)
such applicants need apply, promotional examinations shall be administered to only
qualified applicants who are members of the Huntington Beach Fire Department, as long
as a minimum of three (3) such applicants apply for each promotional examination.
C. A promotional examination list shall be certified when at least three (3)
eligible candidates pass. If less than three (3) eligible candidates pass, within ten (10)
days after the results are received, the Fire Chief must elect to accept the list or, subject
to the provisions below, conduct a new examination six (6) months thereafter. If less than
fifty percent (50 %) of the candidates pass the examination, the Fire Chief must conduct a
new examination within thirty (30) days. If fifty percent (50%) or more of the candidates
(but less than three (3) pass the examination and the Fire Chief does not accept the list,
the parties may agree to conduct a new examination prior to the expiration of the six (6)
month period and to limit the duration of any resulting eligibility list. If, after the
completion of any such new examination, there are still not three (3) certified candidates,
an open examination for the position may be given.
The Fire Chief shall continue to have the option to select for promotion from
a list of at least three (3) certified candidates. For the position of Supervising Fire
Controller, the option shall be from a list of at least two (2) qualified candidates.
D. Any challenge to any portion of the examination process must be filed within
three (3) working days of the date of the event that is the subject of the protest. In the
event any contract between CITY and a testing agency should preclude review of the
0440X (06/07/88) -20-
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. I If, during the period of this MOU, the CITY and ASSOCIATION meet and
mutually agree upon a new Promotional Examination Policy D-10, it shall be worded so as
to replace the provisions of this Article and this Article 18 shall read:
"Promotional examinations shall be held in accordance with the provisions of
Policy D-10 of the Huntington Beach Fire Department Organization Manual. Policy D-10
may be modified by mutual agreement of the parties at any time during the term of this
MOU."
ARTICLE 19
SAFETY CLOTHING AND UNIFORMS
The present uniform and clothing policies as delineated in this Article 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 Firefighter'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. Six (6) sets of daily work uniforms consisting of pants and shirts. One
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, or
equivalent, Stock shirt and Stock trousers.
2. Two (2) pair of safety shoes, Chippewa or equivalent. 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.
0440X (06/07/88) -21-
4. Six (6) white T-shirts per year. T-shirts shall be 100 o cotton, round
neck, lot No. 4007 or equivalent from J. C. Penney's.
E. The uniforms described in paragraphs D.1, 2, and 3 shall be replaced by the
CITY whenever the Fire Chief or his designated representative determines that such
replacement is necessary. Any employee who disagrees with the determination of the
Fire Chief or his representative shall have the right to appeal that determination to the
uniform advisory committee, 'as established below in paragraph K.
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 program one hundred dollars ($100) per fiscal year for the purchase of
physical fitness uniforms and physical fitness shoes, payable in the first payroll of
December.
I. During the first year of this MOU, the CITY will reimburse the
ASSOCIATION for approved physical fitness equipment in fire stations previously
purchased by ASSOCIATION in an amount not to exceed five thousand dollars ($5,000).
J. Reserve Firefighters who complete one (1) full year of satisfactory service
with the Huntington Beach Fire Department shall be reimbursed for actual expense
incurred for required uniform shoes in an amount not to exceed the cost of equivalent
shoes provided by the Department, and shall also be reimbursed for one-half (1/2) of the
cost of any medical examination required by the Fire Department as a condition of
becoming a Reserve Firefighter. The medical examination must have been conducted no
earlier than sixty (60) days prior to appointment as a Reserve Firefighter.
K. A uniform advisory committee composed of two (2) members- appointed by
the ASSOCIATION and two (2) representatives appointed by the Fire Chief, shall make
recommendations on the uniforms to be worn, the method of said uniforms will be
provided and obtained and further recommendations on safety clothing and uniforms may
be required during the term of this MOU.
L. 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 Policy 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
0440X (06/07/88) -22-
M. 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.
N. All uniforms and equipment furnished by CITY with the exception of T-shirts
shall remain the property of CITY and be returned or replaced if the employee terminates.
ARTICLE 20
TIME OFF - ASSOCIATION BUSINESS
During the term of this MOU, authorized representatives of the ASSOCIATION
shall be entitled to receive up to a total of three hundred -seventy-five (375) collective
hours without any loss of compensation per contract year to be utilized for lawful
ASSOCIATION activities.
ARTICLE 21
QUARTERS
CITY shall provide necessary kitchen, living and sleeping quarters in the several
fire stations and shall continue to provide facilities for ASSOCIATION meetings.
ARTICLE 22
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
thereof by said employee.
ARTICLE 23
PERSONNEL RULES
A. The CITY and the ASSOCIATION must meet and confer during the term of
this MOU on modifications of the Personnel Rules and/or Departmental Rules.
B. The CITY -and the ASSOCIATION agree to implement rule changes and
accordingly revise the Personnel Rules as described in Exhibit "J."
ARTICLE 24
LAYOFFS
The procedure and practice regarding layoffs in effect on July 1, 1980 shall remain
in full force and effect during the entire term of this MOU.
ARTICLE 25
PRECEDENCE
In any case in which any provision of this Memorandum of Understanding is
inconsistent with any CITY ordinance, rule, regulation, resolution, including provisions of
0440X (06/07/88) -23-
any Fire Department Manual, the provisions of this MOU shall supersede and take
precedence.
ARTICLE 26
SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this MOU or any
additions or amendments thereof, or the application thereof to any person, is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
resolution or its application to other persons. The City Council hereby declares that it
would have adopted this MOU and each section, subsection, sentence, clause, phrase or
portion, and any additions or amendments thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases or portions, or the application
thereof to any person, be declared invalid or unconstitutional.
ARTICLE 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 UNDERSTANDING
This Memorandum of Understanding shall be in effect commencing on
October 1, 1987, and ending at midnight on September 30, 1990. This MOU constitutes
the entire agreement of the parties as to the changes in wages, hours and other terms and
conditions of employment of employees covered hereunder for the term hereof.
0440X (06/07/88) -24-
` ARTICLE 30
i CITY COUNCIL APPROVAL
It is the understanding of CITY and ASSOCIATION that this Memorandum of
Understanding is of no force or effect whatsoever unless and until adopted by resolution
of the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this �j_Lkday of J u N 1988.
CITY OF HUNTING QT .�1 ACH
By �
City Ad tor
M1
ty,
for
Charles Goldstein, Negotiator
APPROVED AS TO FORM:
By
ail Hutton i2
City Attorney
HUNTINGTON BEACH
FIREMEN'S ASSOCIATION
By
By _
By
By �N-j z �
Fire Association Representative
0440X (06/07/88) -25-
i
EXHIBIT A
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE
EFFECTIVE OCTOBER 3, 1987
JOB NO.
TITLE
RNG
A
B
C
D
E
6432
Fire Controller
NE
335
2011
2122
2238
2361
2491
4432
Firefighter
NE
351
2177
2297
2423
2557
2697
2460
Supvg. Fire Controller
EX
410
2919
3080
3250
3429
3617
3430
Fire Engineer
NE
376
2467
2602
2746
2896
3056
3434
Fire Engineer Paramedic
NE
398
2753
2903
3063
3231
3409
4428
Firefighter Paramedic
NE
386
2591
2733
2884
3044
3212
4430
Fire Protection Specialist
EX
386
2591
2733
2884
3044
3212
1480
Fire Captain
EX
410-
2919
3080
3250
3429
3617
1483
Fire Captain Paramedic
EX
432
3260
3439
3628
3827
4037
1430
Deputy Fire Marshal
EX
432
3260
3439
3628
3827
4037
EFFECTIVE APRIL 2, 1988
JOB NO.
TITLE
RNG
A
B
C
D
E
6432
Fire Controller
NE
339
2051
2163
2283
2408
2539
4432
Firefighter
NE
355
2222
2345
2473
2609
2753
2460
Supvg. Fire Controller
EX
414
2978
3143
3316
3498
3690
3430
Fire Engineer
NE
380
2517
2655
2801
2955
3118
3434
Fire Engineer Paramedic
NE
402
2808
2962
3125
3297
3479
4428
Firefighter Paramedic
NE
390
2643
2789
2943
3104 -
3274
4430
Fire Protection Specialist
EX
390
2643
2789
2943
3104
3274
1480
Fire Captain
EX
414
2978
3143
3316
3498
3690
1483
Fire Captain Paramedic
EX
436
3326
3510
3702
3905
4120
1430
Deputy Fire Marshal
EX
436
3326
3510
3702
3905
4120
0440X (06/07/88)
EXHIBIT A
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE
EFFECTIVE OCTOBER 1, 1988
JOB NO.
TITLE
RNG
A
B
C
D
E
6432
Fire Controller
NE
345
2109
2226
2349
2477
2614
4432
Firefighter
NE
361
2288
2415
2548
2688
2836
2460
Supvg. Fire Controller
EX
420
3073
3241
3420
3607
3805
3430
Fire Engineer
NE
386
2591
2733
288.4
3044
3212
3434
Fire Engineer Paramedic
NE
408
2891
3051
32-19
3396
3583
4428
Firefighter Paramedic
NE
396
2725
2874
3032
3198
3375
4430
Fire Protection Specialist
EX
396
2725
2874
3032
3198
3375
1480
Fire Captain
EX
420
3073
3241
3420
3607
3805
1483
Fire Captain Paramedic
EX
442
3425
3614
3813
4023
4245
1430
Deputy Fire Marshal
EX
442
3425
3614
3813
4023
4245
EFFECTIVE APRIL 1, 1989
JOB NO.
TITLE
RNG
A
B
C
D
E
6432
Fire Controller
NE
349
2156 -
2274
2399
2531
2669
4432
Firefighter
NE
365
2335
2463
2598
2740
2891
2460
Supvg. Fire Controller
EX
424
3132
3304
3486
3678
3881
3430
Fire Engineer
NE
390
2643
2789
2943
3104
3274
3434
Fire Engineer Paramedic
NE
412
2947
3110
3281
3461
3652
4428
Firefighter Paramedic
NE
400
2780
2933
3094
3264
3444
4430
Fire Protection Specialist
EX
400
2780
2933
3094
3264
3444
1480
Fire Captain
EX
424
3132
3304
3486
3678
3881
1483
Fire Captain Paramedic
EX
446
3494
3687
3890
4103
4328
1430
Deputy Fire Marshal
EX
446
3494
3687
3890
4103
4328
0440X (06/07/88)
EXHIBIT A
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE
EFFECTIVE SEPTEMBER 30, 1989
JOB NO.
TITLE
RNG
A
B
C
D
E
6432
Fire Controller
NE
355
2222
2345
2473
2609
2753
4432
Firefighter
NE
371
2404
2536
2675
2822
2978
2460
Supvg. Fire Controller
EX
430
3226
3403
3590
3787
3995
3430
Fire Engineer
NE
396
2725
2874
3032
3198
3375
3434
Fire Engineer Paramedic
NE
418
3042
3208
3385
3571
3767
4428
Firefighter Paramedic
NE
406
2863
3021
3188
3363
3548
4430
Fire Protection Specialist
EX
406
2863
3021
3188
3363
3548
1480
Fire Captain
EX
430
3226
3403
3590
3787
3995
1483
Fire Captain Paramedic
EX
452
3602
3799
4009
4229
4462
1430
Deputy Fire Marshal
EX
452
3602
3799
4009
4229
4462
EFFECTIVE MARCH 31, 1990
JOB NO.
TITLE
RNG
A
B
C
D
E
6432
Fire Controller
NE
359
2267
2392
2524
2662
2808
4432
Firefighter
NE
375
2454
2590
2732
2883
3040
2460
Supvg. Fire Controller
EX
434
3293
3474
3664
3865
4079
3430
Fire Engineer
NE
400
2780
2933
3094
3264
3444
3434
Fire Engineer Paramedic
NE
422
3101
3271
3451
3642
3843
4428
Firefighter Paramedic
NE
410
2919
3080
3250
3429
3617
4430
Fire Protection Specialist
EX
410
2919
3080
3250
3429
3617
1480
Fire Captain
EX
434
3293
3474
3664
3865
4079
1483
Fire Captain Paramedic
EX
456
3673
3876
4089
4314
4552
1430
Deputy Fire Marshal
EX
456
3673
3876
4089
4314
4552
0440X (06/07/88)
EXHIBIT B
SUMMARY _
OF
BENEFITS
AND
SERVICES
PLAN A
HEALTH NET i
A Federally Qualified HMO
I
Please read the following information
so you will know from whom or what j
group of providers health care may be t
obtained.
EXHIBIT C
Page 1 of 2
MEDICAL PLAN FOR: CITY OF HUNTINGTON BEACH
Through An FHP Physician
Physician's Care
-----------------------------
-----------------------------
Specialist and Consultant Care
Diagnostic Laboratory Tests
And X-ray examinations.
-------------------------------
-------------------------------
Periodic Health Examination
Including laboratory tests. Plan Covers.
You pay $0 each office visit
Routine Immunizations and Injections
-------------------------------
-------------------------------
Well-Child Care
Including routine immunizations.
Physical Therapy
Eye Examinations
Outpatient Mental Health Services Plan Covers.
For evaluation, short-term treatment up to 20 visits per Member each
and crises intervention. benefit period.
YOU PAY $0 each office visit.
Family Planning Services Plan Covers.
Contraceptive counseling. Regular office copayments apply.
Sterilization procedures and initial
Plan Covers 50%
studies, diagnostic procedures and
of all costs, including hospital
services for infertility as determined
necessary by the FHP Medical Director.
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
FHP Maternity Care
Plan Covers.
Physician care of mother before, during
and 6 weeks after delivery; physician's
You Pay $0 each office visit.
hospital care of mother. Newborns are
You Pay Nothing for physician's
covered from birth if enrolled as a
hospital care. For hospital costs,
dependent.
regular hospital benefits apply.
Health Education
Plan Pays 100%. You Pay Nothing.
Includes classes, literature and audio-
visual programs for specific diseases,
preventive medicine and other health
topics.
In An FHP Hospital
Hospital Care Plan Covers 100%.
Including room and board (semiprivate, You Pay Nothing.
private room when ordered by an FHP
Physician), intensive care, coronary
care, cardiac surgery, dialysis,
radiation therapy, cathode ray scan-
ning and other inpatient hospital
charges such as operating room, drugs,
X-ray, -lab, supplies and anesthesia.
Physician's & Surgeon's Care
Blood And Blood Derivatives
Other Benefits
Skilled Nursing Facility Care
In -Area Emergency Care
By non-FHP physicians for necessary
medical services to members requiring
immediate treatment anywhere in the FHP
Service Area where or when FHP services
are not available. Follow-up care must
be rendered by an FHP Physician.
Out -Of -Area Emergency Care
By non-FHP physicians. Worldwide
emergency health coverage. Necessary
medical services to members requiring
immediate treatment while temporarily
outside the FHP Service Area.
Plan Pays 100%.
You Pay Nothing.
Plan Pays cost of administration
only.
You Pay for blood or blood
derivatives.
Plan Covers up to 30 days per
benefit period.
Plan Covers 100%
of Usual, Customary and Reasonable
Charges for emergency services
only. Notify FHP within 48 hours
to determine validity and extent of
coverage.
Plan Covers 100%
of Usual, Customary and Reasonable
Charges for emergency services
only. Notify FHP within 48 hours
to determine validity and extent of
coverage.
Local Ambulance Plan Pays 100%.
When medically indicated and authorized You Pay Nothing.
by an FHP Physician.
Home Health Care Plan Pays 100%.
Medically appropriate health services You Pay Nothing.
provided at the home of an enrollee as
prescribed or' directed by an FHP Physician.
Alcohol and Drug Addiction or Abuse
Services
Includes short-term detoxification on
an inpatient or outpatient basis, as
determined by an FHP Physician, and
related medical condition.
Plan Covers. You Pay $0 each
office visit. Regular hospital
benefits apply for hospital care.
aceccaacacacccaacaccaccccaccvc=c=c=accccccac=acsaeccccc=c====a=acc=c=ccc==c=cc==
Abortions for life -threatening Plan Covers. Regular benefits
pregnancies. apply.
Abortions. Plan Covers. Regular benefits
apply after $50 copayment.
EXHIBIT C
Page 2 of 2
Additional Benefits
Family Security Benefit
If the event of
the
Subscriber's death,
a
special medical
care
benefits plan will
be
provided for family
members covered by
FHP
on that date without
payment of premiums
until
the earliest of
the
following occurrences:
1. Remarriage of the
surviving spouse, in
which case coverage for
all family members
terminates.
2. Family member qualifies
for Medicare (there is
no continuation of
benefits for a family
member who is already
eligible for Medicare at
the time of the
Subscriber's death).
3. Family member ceases to
qualify as a family
member for any reason
other than lack of
primary support by the
Subscriber (see
Eligibility section on
page 3 of Evidence of
Coverage brochure).
4. Two years lapse from
the date of the
Subscriber's death.
In the event of the
surviving spouse's death
within the two-year
(maximum) continuation of
coverage period coverage
continued for family
member children because of
the Subscriber's death will
not be affected.
The Conversion of
Benefits provisions (see
page 7 of Evidence of
Coverage brochure) apply
to family members when
coverage provided by the
Family Security Benefit
terminates.
Supplemental
Benefits
Prescription Drugs
All FHP prescribed drugs,
including birth control
pills, on formulary at FHP
Pharmacies.
Plan Covers
You Pay $0 per
prescription unit.
CORRECTIVE APPLIAN-
CES, ARTIFICIAL AIDS
AND DURABLE MEDICAL
EQUIPMENT AS AUTHO-
RIZED BY FHP
(Hearing aids excluded
from this benefit)
PLAN COVERS IN FULL
-You pay nothing.
IN -HOSPITAL MENTAL
HEALTH SERVICES PLAN
COVERS
Physician's Services
50% of hospital costs
only; 30 days maximum
each benefit period.
EYEGLASSES
By FHP prescription
only.
PLAN COVERS
You pay $10 for stan-
dard frames, single or
bifocal clear lenses.
One pair per 12-month
benefit period.
Copayment
Maximum
Health services in this
medical plan may require a
copayment at the time of
service. These copayments
help FHP keep the cost of
the medical plan as low as
possible. However, to
ensure that these
copayments never become a
barrier to receiving care,
FHP maintains the
following policy:
When copayments
made by an individual
member total $1,000 or for
the entire family total
$2,000 during a calendar
year, then no further
copayments will be required
for the duration of that
year.
This provision applies
to the basic plan and
specifically excludes
payment for eyeglasses,
prescription drugs,
preventive dental services,
in -hospital mental health
services or other
supplementary benefits.
Members are required
to maintain receipts of
copayments and provide
these as evidence to the
FHP Claims Department
Collection . Coordinator
when the maximum
copayment is reached.
Exclusions
The following are
excluded from coverage
under this plan:
*Prescription drugs and
eyeglasses unless
herein provided.
*Contact lenses,
examination for contact
lenses and visual
training.
*Dental services except
as herein provided.
*Corrective appliances,
artificial aids and durable
medical equipment unless
herein provided, except
prosthetic devices for
mastectomy patients.
*Cosmetic surgery, unless
medically necessary.
*Custodial care,
domiciliary care, rest
cures.
*Inpatient mental health
care unless herein
provided.
*Care for conditions
which State or local law
requires be treated in a
public facility.
*Care for military service -
connected disabilities to
which a member is
legally entitled, and for
which facilities are
reasonably available to
the member.
*All services and items
incident to the improve-
ment of the functioning
of a malformed body
member or system, unless
determined by an FHP
Physician to be
medically necessary.
*Those services and items
not reasonable and
necessary for the
diagnosis or treatment
of illness or injury,
as determined by an FHP
Physician.
*Experimental medical,
surgical or other
experimental health care
procedures, unless
approved as a covered
health service by the
policy -making body of
FHP.
*All services and items
not provided or arranged
by an FHP Physician,
with the exception of in -
and out -of -area
emergency care.
*Long-term physical
therapy and
rehabilitation.
*Rehabilitation for drug
or alcohol abuse.
*Reversal of sterilization
procedures.
*Personal comfort items
such as, but not limited
to, telephone, television
and guest tray.
*Blood products (defined
as whole blood, blood
components, blood factor
replacements) and
synthetic blood products.
*Hospital take-home
drugs.
*Benefits and services not
specified as covered.
a
Page 1 0591J - 05/12/88
MEET AND CONFER
Fire Association
Tentative Agreement
Item No.
1. Salary: (Term = 36 months)
A. First Year: 3% across the board effective 10/l/87; 2% - 4/1/88. 5.5%
additional increase for Supervising Fire Controllers effective 10/l/87.
B. Second Year: 3% - 10/l/88, 2% - 4/1/89.
C. Third Year: 3% - 10/l/89, 2% - 4/l/90.
2. Insurance:
A. Reopener if medical cap exceeded in year 3.
B. Retiree Medical: Same as provided under POA tentative agreement.
C. Vision Care Plan effective 1/l/89.
3. Implement Benefit/Payroll Equalization Plan with 14 day work period.
4. Option to report annual vacation payoff as salary and increase maximum period of
reporting PERS pickup from 12 to 24 months. Allow retroactive reporting on
exception basis.
5. Speciality Pay:
A. Increase EMD pay from $65 to $120 per month effective 12/l/87.
B. HAZ-MAT pay $150/month effective upon approval of MOU; $175/month
(Year 2); and $200/month (Year 3).
6. Prohibit use of sick leave to extend industrial injury leave. Increase payoff of
unused sick leave for industrial disability retirement.
7. Employer/Employee Relations Rule Changes - Rule changes to the unit
modification procedures. MOU to guarantee no change to FA Unit.
8. Personnel Rule Changes
A. Grievance Procedure - Correct an error in the current rules whereby there is
no time period specified by which an appeal from Step 3 to Step 4 must be
filed.
B. Hearing Officers - Specify that a hearing officer may be selected by mutual
consent or from approved Personnel Commission List
Page 2 0591J - 05/12/88
MEET AND CONFER
Fire Association
Tentative Agreement
Item No.
C. Employment Lists - Add a provision for extending employment lists created
as result of an open recruitment process.
9. Medical Plan Changes - Cost Control
A. Deductibles - Increase deductibles from $125 to $150 per individual and $375
per family to $400 per family. Effective l/l/88
B. Attachment Point - Attachment point to be increased to $550.
10. Benefit Improvements:
A. Preventative Care - Incorporation of preventative care benefits into
indemnity plan with a maximum dollar limit of $200 per year for these costs.
B. Substance Abuse Treatment - Initial coverage of four days of in -patient care
for detoxification, with an annual dollar limit and a lifetime maximum dollar
benefit.
11. Dental Plan - Modify plan as outlined in 9/30/87 memorandum.
12. MOU Changes or Clarifications:
A. Use of sick leave payoff at retirement not mandatory for medical coverage.
B. Change degree requirements for education incentive pay for Fire Controllers.
C. Self funded retirement benefit: Option 2/3 per POA, MEA and MEO MOU's.
D. Eliminate Article 14, mandating higher compensation for supervisors than
required by personnel rules.
E. Article 8-D, (Holidays), eliminate section. All non -shift personnel to
continue to be compensated for holidays. Maintain 4-10 schedule.
F. Article 10, (Bereavement Leave), eliminate "per calendar year".
G. Article 21, H-2, (Physical Fitness Award), eliminate section. T-shirts to be
provided as part of uniform. City to reimburse Association for up to $5,000
for equipment purchased by Association.
H. Article 18, A-4, (Paramedic Manning), clarification. Clarify the practice of
allowing Fire Captain or Fire Engineer Paramedics in lieu of Firefighter
Paramedics.
"Page 3 0591J - 05/12/88
MEET AND CONFER
Fire Association
Tentative Agreement
Item No.
I. Standardize the holiday, sick leave, vacation, industrial injury and
bereavement leave conversion factors.
J. Add requirement that all personnel may be required to carry pagers at all
times for the purpose of quick recall to duty. OK to FLSA definitions of
restriction of movement.
K. Eligibility for Educational Incentive Pay requires permanent appointment to
classification.
L. Personnel Rules Reopener to further discuss Personnel Rule changes.
EXHIBIT E
". MEET AND CONFER Page 1 of 3
FIRE ASSOCIATION
RETIREE MEDICAL PLAN - CITY COUNTER PROPOSAL
An employee who has retired from the City, shall be entitled to participate in the
City -sponsored medical insurance plans and the City shall contribute toward monthly
premiums for coverage and in an amount as specified in accordance with this Plan,
provided:
A. At the time of retirement the employee has a minimum of ten (10) years of
service or is granted an industrial disability retirement; and
B. At the time of retirement the employee is employed by the City; and
C. Following official separation from the City the employee is granted a
retirement allowance by the California Public Employees' Retirement System.
The City's obligation to pay the monthly premium as indicated shall be modified
downward or cease during the lifetime of the retiree upon the occurrence of any one of
the following:
A. During any period the retired employee is eligible to receive or receives health
insurance coverage at the expense of another employer, the payment will be suspended.
"Another employer" as used herein means private employer or public employer or the
employer of a spouse. As a condition of being eligible to receive the premium
contribution as set forth in this plan, the City shall have the right to require any retiree
to annually certify that the retiree is not receiving or eligible to receive any such health
insurance benefits from another employer. If it is later discovered that a
misrepresentation has occurred, the retiree will be responsible for reimbursement of those
amounts inappropriately expended and the retirees' eligibility to receive further benefits
will cease.
B. On the first of the month in which a retiree or dependent reaches age 65 or on
the date the retiree or dependent can first apply and become eligible, automatically or
voluntarily, for medical coverage under Medicare (whether or not such application is
made) the City's obligation to pay monthly premiums may be adjusted downward or
eliminated. Benefit coverage at such age under City health plans shall be governed by
plan documents for such plans.
C. In the event the Federal Government or State Government mandates an
employer -funded health plan or program for retirees, or mandates that the City make
contributions toward a health plan (either private or public) for retirees, the City's
contribution rate as set forth in this plan shall first be applied to that mandatory plan. If
there is any excess, that excess may be applied toward the City medical plan as
supplemental coverage provided the retired employee pays the balance necessary for such
coverage, if any.
D. In the event of the death of any employee, whether retired or not, the amount
of the retiree medical premium benefit which the deceased employee was receiving at the
time of his/her death or would be eligible to receive if he/she were retired based on the
schedule below, shall be paid on behalf of the spouse or family for a period not to exceed
twelve (12) months.
3745j
SCHEDULE OF BENEFITS EXHIBIT E
Page 2 of 3
I. Minimum Eligibility for Benefits - With the exception of an industrial
disability retirement, eligibility for benefits begins after an employee has
completed ten (10) years of continuous service with the Huntington Beach
Police Department. Said service must be continuous unless breaks are
reinstated at the time of hire or rehire in accordance with the City's
Personnel Rules.
IL Disability Retirees - Industrial disability retirees with less than ten (10) years
of service shall receive a maximum monthly payment toward the premium for
health insurance of $40 for retirements after 10/1/87, $80 after 10/1/88 and
$121 after 10/1/89. Payments shall be in accordance with the stipulations
and conditions which exist for all other retirees. Payment shall not exceed
dollar amount which is equal to the full cost of premium for employee only.
III. All retirees including those retired as a result of disability whose number of
years of service prior to retirement exceeds ten (10), shall be entitled to
maximum monthly payment of premiums by the City as follows:
Maximum Monthly Payment
For Retirements After:
Years of Service
10/1/87
10/1/88
10/1/89
10
40
80
1 1
11
44
88
132
12
48
97
145
13
53
105
158
14
57
113
170
15
61
122
182
16
65
130
195
17
69
138
207
18
73
146
220
19
77
155
232
20
81
163
244
21
86
171
257
22
90
179
269
23
94
188
282
24
98
196
294
25
102
204
306
26
106
213
319
27
110
221
331
28
115
229
344
Note: The above payment amounts may be reduced each month as dependent eligibility
ceases. However, the amount shall not be reduced if such reduction would cause
insufficient funds needed to pay the full premium for the employee and the
remaining dependents. In the event no reduction occurs and the remaining benefit
payment is not sufficient to pay the premium amount for the employee and the
then eligible. dependents, said needed excess premium amount shall be paid by the
e mployee.
`17aSi
CITY OF HUNTINGTON BEACH
COMPARISON OF INDEMNITY PLANS
(Reflects PERS 8/1/87 Changes)
BENEFITS
PERS MEDICAL - CWTO
Inpatient hospital
100 % PP Hospitals - after
Benefits
deductible
60 % Non PPO Hospitals - after
deductible
85 R Non PPO hospitals in areas
without PPO hospitals - after
deductible
Deductible
$ 200 per person, $500 family
maximum
Maximum Out of
$2,000 (may be higher - policy
Pocket Employee
unclear)
Expense (Excludes
Deductible)
Accident Benefit
None (covered same as other
medical
expenses)
Prescription Drugs Additional deductibles as follows:
$4 deductible per prescription
for generic, $6 deductible per
prescription for non generic
Major Medical 85 % PPO doctor -after
deductible
60 % Non PPO doctor - after
deductible
80 % X-rays, lab, etc. - after
CURRENT
100 % - No deductible
$125 per person,
$375 family maximum
$400
$500
80 % after normal
($125/375) deductible
80 % after deductible
EXHIBIT E
Pa_gge 3 of 3
32491
PROPOSED CITY PLAN
EMPLOYEES RETIREES
100 % -No 80 % after
deductible deductible
$150/$400 $200/500
$550 $1,000
$500 None
(covered
same as
other
expenses)
PCS PCs
$4 -$6 $4 - $6
80 % after 80 % after
deductible deductible
i- EXHIBIT F
PREPAID
DENTAL CARE
PROGRAM
PROVIDED THROUGH
PMI
FOR
ELIGIBLE EMPLOYEES
OF
CITY OF
HUNTINGTON BEACH
MANAGEMENT EMPLOYEES
ORGANIZATION
FIREMAN'S ASSOCIATION
SUMMARY PLAN DESCRIPTION
EXHIBIT F
GROUP DENTAL PLAN
CITY OF
HUNTINGTON BEACH
Group No's:
4729-0001
Management Employees
Organization
and
4729-0003
Firemans Association
Provided by:
Delta Dental Plan of California �®
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EXHIBIT I
The proposed change to the Employer -Employee Relations Resolution is as
follows:
7.3 Personnel Director Motion of Unit Modification - The Personnel
Director may propose, during the same period for filing a Petition for Decertification,
that an established unit be modified in accordance with the following procedure:
a. The Personnel Director shall give written notice of the proposed unit
modification to all employee organizations that may be affected by the proposed
change. Said written notification shall contain the Personnel Director's rationale for
the proposed change including all information which justifies the change pursuant to the
criteria established in Section 6-5 for Appropriateness of Units. Additionally, the
Personnel Director shall provide all affected employee organizations with all
correspondence, memoranda, and other documents which relate to any input regarding
the unit modification which may have been received by the CITY or from affected -
employees and/or sent by the CITY to affected employees;
b. Following receipt of the Personnel Director's proposal for unit
modification any affected employee organization shall be afforded not less than thirty
(30) days to receive input from its members regarding the proposed change and to
formulate a written and/or oral response to the motion for unit modification to the
Personnel Commission;
C. The Personnel Commission shall conduct a noticed Public Hearing
regarding the motion for unit modification at which time all affected employee
organizations and other interested parties shall be heard. The Personnel Commission
shall make a determination regarding the proposed unit modification which
determination may include a granting of the motion, a denying of the motion, or other
appropriate orders relating to the appropriate creation of bargaining units. Following
the Personnel Commission's determination of the composition of the appropriate unit or
units, it shall give written notice of such determination to all affected employee
organizations;
d. Any party who chooses to appeal from the decision of the Personnel
Commission is entitled to appeal in accordance with the provision of Section 14-4 of
Resolution Number 3335.
0440X (06/07/88)
EXHIBIT J
The proposed changes to the Personnel Rules are as follows:
1. Rule 5-20 - Duration of Employment Lists - Employment lists shall
remain in effect for one (1) year from the date of the last examination, unless sooner
exhausted. Promotional lists and entry level employment lists may be extended prior to
expiration date by the Personnel Director when requested by the Department Head, for
additional periods but in no event shall an employment list remain in effect for more
than two (2) years. Names placed on such lists shall be merged with others already on
the list in order of scores.
2. Rule 19-5, Step 4 - City Administrator - If the grievance is not
settled under Step 3, the grievance may be presented to the City Administrator in
accordance with the following procedure: Within fifteen (15) days after the time the
decision is rendered under Step 3 above, a written statement of the grievance shall be
filed with the Personnel Director who shall act as hearing officer and shall set the
matter for hearing within fifteen (15) days thereafter and shall cause notice to be
served upon all interested parties.
The Personnel Director, or his representative, shall hear the matter
de novo and shall make recommended findings, conclusions and decision in the form of a
written report and recommendation to the City Administrator within five (5) days
following such hearing. The City Administrator may, in his discretion, receive
additional evidence or argument by setting the matter for hearing within ten (10) days
following his receipt of such report and causing notice of such hearing to be served upon
all interested parties.
Within five (5) days after receipt of report, or the hearing provided for
above, if such hearing is- set by the City Administrator, the City Administrator shall
make written decision and cause such to be served upon the -employee or employee
organization and the Personnel Director.
3. Rule 19-5(b) - Hearing - As soon as practicable thereafter, the
Personnel Director shall set the matter for hearing before a hearing officer either
selected by mutual consent of the parties or from a list provided by the Personnel
Commission. Ratification of the hearing officer selected by mutual consent of the
parties, if from a list approved by the Personnel Commission, shall not require separate
approval or ratification by the Personnel Commission. The hearing officer shall hear
the case and make recommended findings, conclusions and decision in the form of a
written report and recommendation to the Personnel Commission. In lieu of the hearing
0440X (06/07/88)
officer process, the Personnel Commission may agree to hear a case directly upon
submission of the case by mutual consent of the parties.
4. Rule 21-7 - Hearing Officers - The hearing officer provided for in
Rules 19 and 20 shall be from a list provided by the Personnel Commission or one
selected by mutual consent of the parties.
0440X (06/07/88)
16
0,
Res. No. 5898
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clark 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 July , 19 88 , by the following vote:
AYES: Councilmen:
Kelly, Green, Finley, Mays, Winchell, Bannister
NOES: Councilmen:
None
ABSENT: Councilmen:
Erskine
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
fIX"I
Iuntington
Beach
Firefighters
Association
L 19
sbivA
:ZIII�ZI�
k �- S •s
REQUES ( FOR CITY COUNCIL- ACTION
how/ Gwl�
GZti
Date January 10, 1 4�
Submitted to: Honorable Mayor and City Council Members
Submitted by: Charles W. Thompson, Cit)-Administrato
Prepared by: Daniel T. Villella for Robert J. Franz, Chief of Ad �nistrat' Servi
Subject: Memorandum of Understanding - Firemen's Associati n
Consistent with Council Policy? [AYes [ ]New Policy or Exceptio 7 ��,5, .
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
Statement of Issue: Through the meet and confer process, agreement has been reached with
the Firemen's Association for changes in their salaries, benefits and working conditions. This
agreement now is submitted for formal Council approval by adoption of a resolution approving
the Memorandum of Understanding.
Recommended Action: Adopt the attached resolution approving the Memorandum of
Understanding between the City and the Firemen's Association for a two year agreement for
changes in salaries, benefits and working conditions.
Analysis: Numerous meetings with the Council have been held to keep you aware of the issues
in the meet and confer process with the Firemen's Association. Therefore, detailed analysis of
the new Memorandum of Understanding covering the next two years is not presented in this
RCA. The Memorandum of Understanding and tentative agreement with the Association is
consistent with Council guidelines and directions to the city negotiators during the executive
sessions where the Council has been briefed on these issues. Attached is a copy of the letter
to the Firemen's Association which provided the City's last, best and final offer in the
process. The Association accepted this offer and the attached memorandum reflects the
agreed to changes.
Funding Source: General Fund budgeted accounts and the '85/86 budget.
Alternatives: Do not approve the agreement.
1878j
PIO 4/84
`A
i REQUES i' FOR CITY COUNCIL ACTION
Submitted to:
Submitted by:
Prepared by:
Date December 26, 1985
Honorable Mayor and City Council Members
Charles W. Thompson, City Administrator
Robert J. Franz, Chief of Administrative Se
Subject: Memorandum of Understanding - Firemen's
l W
Consistent with Council Policy? (x] Yes (] New Policy or Exception S" 6
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
Statement of Issue: Through the meet and confer process, agreement has been reached with
the Firemen's Association for changes in their salaries, benefits and working conditions. This
agreement now is submitted for formal Council approval by adoption of a resolution approving
the. Memorandum of Understanding.
Recommended Action: Adopt the attached resolution approving the Memorandum of
Understanding between the City and the Firemen's Association for a two year agreement for
changes in salaries, benefits and working conditions.
Analysis: Numerous meetings with the Council have been held to keep you aware of the issues
in the meet and confer process with the Firemen's Association. Therefore, detailed analysis of
the new Memorandum of Understanding covering the next two years is not presented in this
RCA. The Memorandum of Understanding and tentative agreement with the Association is
consistent with Council guidelines and directions to the city negotiators during the executive
sessions where the Council has been briefed on these issues. Attached is a copy of the letter
to the Firemen's Association which provided the City's last, best and final offer in the
process. The Association accepted this offer and the attached memorandum reflects the
agreed to changes.
Funding Source: General Fund budgeted accounts and the '85/86 budget.
Alternatives: Do not approve the agreement.
1878j
PIO 4/84
RESOLUTION NO. 5612
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH APPROVING AND IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON
BEACH FIREMEN'S ASSOCIATION
BE IT RESOLVED by the City Council of the City of Huntington
Beach that the Memorandum of Understanding between the City of
Huntington Beach and the Huntington Beach Firemen's Association,
dated December , 1985, a copy of which is attached hereto
and by this reference incorporated herein, is hereby approved,
and shall be implemented forthwith in accordance with the terms
and conditions therein. Pursuant thereto, the City Administrator
is authorized to execute such memorandum of understanding on
behalf of the city.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 21st
day of January , 1986.
ATTEST:
REVIEWED AND APPROVED:
City Administrator
ADL:ps
1/6/86
0
Mayor
APPROVED AS TO FORM:
City Attorney
INITIATED AND APPROVED:
-- J,�
of off'-Adrni�Rist rative,
Services I
MEMORANDUM OF UNDERSTANDING
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 period
October 1, 1985 to September 30, 1987, and,
All terms and conditions of this Agreement shall apply to all employees
represented by the /ASSOCIATION; and
The representatives of the CITY and the ASSOCIATION desire to reduce their
agreements to writing,
NOW, THEREFORE, this Memorandum of Understanding is made this 17tb of
January, 1986 effective as of October 1, 1985, 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 classifications:
Reserve Firefighter
Firefighter
Fire Engineer
Fire Captain
Fire Controller
Supervising Fire Controller
Firefighter Paramedic
Fire Engineer Paramedic
Fire Captain Paramedic
Fire Protection Specialist
Deputy Fire Marshal
4
TABLE OF CONTENTS
TITLE
PAGE
Table of Contents
i
Preamble
I
Article
1
Representational Unit
I
Article
2
Salary Schedules
2
Article
3
PERS Pickup
2
Article
4
Hours of Work/Overtime/Compensatory Time/Standby
3
Article
5
Insurance
6
Article
6
Dental Plan
9
Article
7
Sick Leave
9
Article
8
Holidays
9
Article
9
Vacations
10
Article
10
Bereavement Leave
I 1
Article
I 1
Court Service
1 I
Article
12
Educational Incentive Plan
12
Article
13
Retirement
13
Article
14
Compensation for Supervisors
13
Article
15
Early Relief
13
Article
16
Exchange of Schedule
14
Article
17
Administrative Appointment
14
Article
18
Minimum klanning
15
Article
19
Assigned Shift Policy
16
Article
20
Promotional Examinations
16
Article
21
Safety Clothing and Uniforms
17
Article
22
Time Off - Association Business
119
Article
23
Certification in Class
19
Article
24
Foreign Language Differential
19
Article
25
Quarters
20
Article
26
Maintenance of Insurance Benefits
20
Article
27
Reinstatement of Employees No Longer Disabled
20
Article
28
Layoffs
20
Article
29
Precedence
20
Article
30
Severability
20
Article
31
Existing Conditions of Employment
21
Article
32
Management Rights
21
Article
33
Term of Memorandum of Agreement
21
Article
34
City Council Approval
22
List of Exhibits:
"A" Salary Schedule
"Bit Employee Health Plan Document
licit Second Opinion Surgical Program
ARTICLE 2
SALARY SCHEDULES
A. Effective October 5, 1985, the base salary of each employee represented by
the Association shall be as set forth in the Salary Schedule attached hereto and
incorporated herein by this reference, as Exhibit "A." Effective October 4, 1986, the base
salary of each such employee shallbe modified as set forth in Exhibit "A."
B. Salary shall be paid on a biweekly basis. By mutual consent of CITY and
ASSOCIATION, early payment and other modifications may be made.
C. Paychecks shall be ready and available for distribution to each employee by
0700 hours on each pay day at the Joint Powers Training Center, except in the case of
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
PERS REIMBURSEMENT
A. Each employee covered by this Agreement shall continue to be reimbursed an
amount equal to 7%o of the employee's base salary as the City's payment toward the
employee's contribution to the Public Employees Retirement System.
Effective April 5, 1986, each safety employee covered by the MOU shall' be
reimbursed an amount equal to 8% of the employee's base salary as pickup of the
employee's contribution to the Public Employees Retirement System.
Effective April 4, 1987, each safety employee covered by the MOU shall be
reimbursed an amount equal to 956 of the employee's base salary as pickup of the
employee's contribution to the Public Employees Retirement System.
Those employees who are ineligible for the 9% reimbursement shall continue
to be reimbursed an amount equal to 7% of their PERS contribution.
The above PERS pickup is not base salary but is done pursuant to Section
414(h)(2) of the Internal Revenue Code. The above pickup shall be credited to the
employee's account with PERS.
Should any ruling by either the PERS or other State or Federal agency nullify
the benefit authorized above, the City and the Association agree to reopen negotiations
regarding wages and salaries.
B. Each employee, eligible for service retirement, may have his/her PERS
pickup reported as compensation for all or any part of the twelve (12) month period prior
to his/her service retirement date upon written request to the Finance Director. Such
modified reporting shall be limited to a maximum period of twelve (12) months preceding
retirement (Government Code Section 20022).
-2-
ARTICLE 4
HOURS OF WOKK, OVERTIME, COMPENSATORY TIME AND STANDBY
A. HOURS OF WORK AND PAID OVERTIME:
1. All Fire Controllers shall work the ten (10) and fourteen (14) hour shift,
40 hour average work week schedule. For each shift actually worked, Fire Controllers
shall receive as compensation for break periods worked, an additional sum equal to one
half hour's base salary, which sum shall be added to and become a part of the employee's
base salary and shall not be regarded as overtime hours worked for the computation of
overtime.
2. All shift employees shall work an average of 56 hours per week pursuant
to the current schedule of five 24-hour shifts in a 15-day period with six consecutive days
off.
3. Fire Prevention/Staff and administrative work hours are to be 40 hours
per week on a 4-d2y work week, 10 hours per day.
The maximum time allowed within the 40 hour work week schedule for
both lunch and physical fitness shall not exceed four hours within any given work week.
All physical fitness activities considered to be work activities shall be conducted on duty
within fire stations and under supervision.
4. Persons not subject to emergency duty shall work a 40 hour work week
of 8 hours per day, 5 days per week.
5. All employees covered by this Agreement shall be eligible for overtime
pay of one and one-half times their hourly compensation for all actual work performed in
excess of the employees scheduled hours in any two (2) week pay period.
6. HOURS WORKED.
a) Hours worked for employees other than Fire Controllers shall be
defined as actual time worked, approved vacation, compensatory time off, bereavement
leave, industrial injury or illness leave, with the exception of exchange of shift not being
included. Sick leave shall be excluded from the definition of "hours worked."
b) For Fire Controllers, in each pay period prior to the
implementation of the FLSA, work performed shall be defined as actual time worked,
approved vacation and/or compensatory paid leave and/or up to four hours of paid sick
leave and/or leave for industrial illness or injury.
7. COMPENSATORY TIME.
a) For all non-exempt employees, in lieu of compensation by cash
payment for overtime as provided in Article 4, Section A.5, such employees may, at their
option, and with approval of the Fire Chief, be compensated by compensatory time at a
straight time rate, on an hour for hour basis within a work period.
-3-
b) r all exempt employees, in lie of compensation by cash
' payment for overtime as provided in Article 4, Section A.S, such employees may, at their
option, and with approval of the Fire Chief, be compensated by compensatory time at a
straight time rate, on an hour for hour basis.
Compensatory time may be accumulated to a maximum of 120 hours.
Compensatory time may be taken on an hour for hour basis only with the permission of the
Fire Chief, with due consideration for the request of the employee and particular regard
for the need of the Department. Upon his/her request, any employee may elect to
convert all or a portion of compensatory time to a cash payment at time and one half.
Any such payment shall be made on the next regular payday, following the request,
provided the request is made by the end of the previous payroll period.
Compensatory time may not be received in lieu of a cash payment for
time worked during major emergencies when, in the opinion of the Fire Chief, the City
may be eligible for reimbursement from another agency for said cash payment.
At the time of any change in the Salary Schedule, any accumulated
time which has not been used or paid off, shall be paid in cash at the rate of time and one
half (1 1/2) based upon the salary schedule in effect prior to the change.
8. An employee who is required to attend a class or seminar to maintain
his/her current position shall have his/her related expenses paid by the CITY. When
attendance occurs at a time when the employee is not scheduled to work, he/she shall be
compensated on an hourly basis.
9. Manning vacancies. shall be filled rank for rank whenever possible. In
the event that a vacancy cannot be filled by voluntary overtime, persons qualified to fill
said vacancy may be utilized at the discretion of the Fire Chief to maintain adequate
manning levels.
In the event that a Firefighter Paramedic, who is scheduled to work on
a paramedic unit in order to satisfy minimum manning obligations, is absent, such vacancy
must be filled by an off duty Firefighter Paramedic working on a voluntary overtime
basis, if available, instead of transferring a Firefighter Paramedic from a truck company
and filling that vacancy by the use of an off duty firefighter on an overtime basis.
Any employee who voluntarily works overtime in a different
classification, shall be compensated at a rate of pay consistent with the classification
worked. Any employee who is ordered in to work in a lower classification, shall be
compensated at the rate attendant to his regular classification.
10. The CITY will maintain and adhere to the overtime system as set out in
"Huntington Beach Fire Department Organization Manual, Policy D-3." The overtime
system and/or "Policy D-3" may be modified by mutual agreement of the parties at any
time during the term of this Agreement.
-4-
11. An e 'oyee shall be considered to be wo• g if he is called to duty by
order initiated by the Fire Chief or his designee.
12. 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 work performed
within the meaning of Article 4.
13. Meal periods are paid as hours worked for personnel who are subject to
call for emergency duty.
14. CANCELLATION OF SCHEDULED OVERTII,AiE. Any employee who is
scheduled to work overtime in advance of the time set forth for such scheduling in "Policy
D-3," of the Huntington Beach Fire Department Organization Manual, which scheduling is
subsequently cancelled less than 72 hours in advance of the commencement of the
scheduled overtime shift, shall receive a minimum of two (2) hours pay on an hourly basis.
15. MINIMUM CALLBACK COMPENSATION. Employees who are ordered
to return to duty on other than their regularly scheduled shift shall receive a minimum of
two (2) hours compensation on an hourly basis.
16. 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.
17. REPLACEMENT CALLBACK. 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
those persons previously assigned thereto may be utilized to fill any such vacancy prior to
the use of off duty personnel on an overtime basis.
B. AT THE TIME OF THE IMPLEMENTATION OF THE FAIR LABOR
STANDARDS ACT, THE FOLLOWING SHALL APPLY:
1. Compensation for each work period shall be based upon actual hours
worked during that work period, and hours worked shall not be averaged over several work
periods unless the City and the Association mutually agree to an alternative method of
compensation for hours worked, consistent with federal law.
2. All overtime worked by non-exempt employees shall be compensated at
time and one half the employees' regular rate of pay, and shall not be compensated by
compensatory time off.
I&M
3. For Controllers, in each work perir '7 days) in which they are
scheduled to work 48 hours, hours worked shall be defined as actual time worked,
approved vacation and/or compensatory paid leave and/or up to eight hours of paid sick
leave and/or leave for industrial illness or injury.
ARTICLE 5
INSURANCE
A. The CITY shall continue to provide group medical benefits to all employees
with coverage and other benefits comparable to the group medical plan currently in effect.
B. The group medical insurance plan shall be modified to pay 100% of the usual,
customary and reasonable charges for out patient pre -admission testing and out patient
surgery.
C. Those elective surgeries listed on Exhibit "C" only will require a second
opinion from a physician who is a qualified Board Certified surgeon in the same specialty
as the original surgeon. Once such second opinion is obtained, if the individual elects to
have the surgery, the normal benefit will be paid irrespective of the content of the second
opinion. Should an employee or covered dependent elect a listed surgical procedure
without a second opinion, such employee or dependent shall receive no benefit. The listed
surgical procedures shall be considered elective, unless the attending physician certifies
that the procedure was performed on an emergency basis without reasonable time for a
second opinion. All medical costs and expenses incurred in connection with securing the
second opinion shall be paid by the Employee Health Care Plan.
D. The CITY shall continue to provide dependent health insurance effective the
first of the month following the month during which the employee completes three (3)
years of full time continuous service with the CITY.
E. Effective January 1, 1986, the CITY'S obligation to pay for health insurance
shall be limited $400 per month for full family coverage for eligible employees.
F. The CITY'S medical plan shall be modified in the following manner, effective
January 1, 1986:
1. A hospital preadmission notification to the claims administrator will be
required prior to hospital admittance for non -emergencies. If the required notification is
not given by the employee, the benefit entitlement will be subject to a $100 deductible
against the charges for hospital costs.
2. The Medical Insurance Plan shall exclude coverage of pre-existing
medical conditions of new employees and dependents, except under the following
conditions:
a. The employee or dependent is free from treatment for the
pre-existing condition for three consecutive months after the effective date of coverage
under the plan.
b. pre-existing condition of the e, 'oyee is covered after an
employee completes six months of continuous employment.
C. A pre-existing condition of any dependent who has been enrolled
in the plan is covered after the employee completes twelve (12) months of continuous
service.
3. The Medical Insurance Plan shall be modified to increase the deductible
from One Hundred ($100) to One Hundred and Twenty -Five Dollars ($125) per person; and
the maximum deductible per family shall be increased from Three Hundred ($300) to
Three Hundred and Seventy -Five Dollars ($375) per family during any period of benefit
entitlement as described in the City's Employee Health Plan.
4. Eligibility for dependent coverage shall be restricted to:
a. Spouses of employees,
b. Their unmarried children to age 19,
C. Unmarried children from age 19 to 23 if dependent on their
parents for at least half their support and living at home or enrolled as a_ full time
student; and
d. Totally disabled children, of any age who were enrolled in this plan
prior to age 23.
G.. 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 benefits program maintained by the CITY with respect to employees represented
by the ASSOCIATION, at the equivalent of the CI T Y'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 7; 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 preen. iums. At
retirement, the sick leave hours remaining shall be converted to a dollar figure, as
provided in Article 7, 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 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
-7-
the right to notify sair tired employee in the manner prF ibed above, that it intends
to cause his coverage to be terminated for non-payment oT premiums, and the further
right to terminate such coverage, if such default has not been cured within thirty (30)
days following receipt of such notice. Any retired employee electing to obtain such
medical coverage after retirement shall have 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.
H. The CITY shall provide a Life Insurance Plan for the employees covered by
this Agreement. Said plan shall be equal to that provided by Standard Insurance Company
Policy 332175-A, Optional Insurance, Section 1 B, Plan A, a copy of which is attached
hereto and incorporated herein as Exhibit D.
I. The CITY shall pay to the ASSOCIATION on behalf of each affected
employee, on a monthly basis, an amount of $34.18 per member for a Long Term
Disability Policy.
The City's sole obligation under this paragraph shall be to make payments to the
ASSOCIATION in accordance with the above schedule.
J. The City shall continue to provide each employee with coverage under the
current Accidental Death and Dismemberment Insurance plan in effect for the CITY with
a benefit of $50,000 as described in Bankers Life Policy #SR50,935-50, attached 'hereto
and incorporated herein as Exhibit E.
K. Except as provided in Section "E" of this Article, nothing in this Article shall
be deemed to restrict the CITY's right to change insurance carriers should circumstances
warrant.
L. Nothing in this Article shall be deemed to obligate the CITY to improve the
benefits outlined in this Article.
M. The CITY and the ASSOCIATION shall share in the cost of an actuarial study
conducted by a private actuary mutually agreed upon. The actuarial study shall determine
the long term costs of participation in the PERS Medical Program for employees and
retirees.
The cost of the actuarial study to the ASSOCIATION shall not exceed
$2,000. The actuarial study shall be completed July 1, 1986.
Upon completion of the actuarial study, the CITY and ASSOCIATION shall
meet and confer on the results of the actuarial study.
ff:11
ARTICLE 6
DENTAL PLAN
The CITY shall provide for each employee and his/her dependents the dental
and/or orthodonture insurance program contained in PMI Policy #CXP 203, attached
hereto and incorporated herein as Exhibit E-4.
ARTICLE 7
SICK LEAVE
A. Sick leave accrual shall be in accordance with Rule 18-9 of the City's
Personnel Rules. Twenty four (24) hour shift employees shall accrue sick leave at the rate
of one half (1/2) shift per month (3.6923 hours per pay period).
B. Upon termination, employees shall be paid (or have paid on their behalf as
provided in Article 5) 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.
C. Twenty four (24) hour shift employees shall be entitled- to charge up to three
(3) shifts per year of sick leave for family sick leave as presently defined in the City
Personnel Rules, where the attendance of the employee is required. Other employees
shall be entitled to family sick leave in accordance with Rule 18-8(d) of the City's
Personnel Rules. The Fire Chief may authorize ' an employee to charge additional sick
leave for family sick leave in the event of serious illness of an employee's dependent(s),
where warranted by the circumstances.
ARTICLE 8
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. The following are the recognized legal holidays under this IAOU:
1. New Year's Day (January 1)
2. Lincoln's Birthday
3. Washington's Birthday (third Monday in February)
4. Good Friday (3 hours)
5. Memorial Day (last Monday in May)
6. Independence Day (July 4)
7. Labor Day (first Monday in September)
8. Columbus Day
9. Veterans' Day (November 10
10. Thanksgiving Day (fourth Thursday in November)
11. Friday after Thanksgiving
12. Christmas Day (December 25)
13. Any day declared by the President of the United States to be a national
holiday, or by the Governor of the State of California to be a state
holiday, and adopted as an employee holiday by the City Council of
Huntington Beach.
WE
B. Holidays N h fall on Sunday shall be obsery :he following Monday, and
those falling on Saturday shall be observed the preceding Friday.
C. Employees designated by the Fire Chief who are required to work regular
shifts on the above holidays set forth in Article 8, Section A, shall not be entitled to time
off or overtime.
D. Any employee who does not work shift work may elect to take time off in
lieu of holiday pay, as set forth .above. In addition, such employee shall receive the
equivalent of two (2) holidays (16 hours) as annual vacation, accrued over twenty-six pay
periods.
ARTICLE 9
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.
B. VACATION ALLOWANCE. Permanent, full time employees shall accrue
annual vacations at the 40 hour week accrual rate with pay as follows:
1. For the first four (4) years of continuous service, vacation time shall be
accrued at the rate of one hundred and twelve (1 12) hours per year.
2. After four (4) years of continuous service to the completion of nine (9)
years of continuous service, vacation time shall be accrued at the rate of 128 hours per
Year.
3. After nine (9) years of continuous service to the completion of fourteen
(14) years of continuous service, vacation time shall be accrued at the rate of 144 hours
per year.
4. After fourteen (14) years of continuous service, vacation time shall be
accrued at the rate of 176 hours per year.
5. After twenty (20) years of continuous service, vacation shall be accrued
at the rate of 192 hours per year.
C. CASH PAYMENT. On two occasions during each fiscal year, each employee
shall have the option to convert into a cash payment up to a total of fifty-six (56) hours of
earned vacation benefits, provided that no more than fifty-six (56) total hours of earned
vacation benefits shall be so converted during any one fiscal year. The employee shall
give two (2) week's 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) month's of employment. No employee shall be permitted to take a vacation in
excess of actual time earned and vacation shall not be accumulated 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. Vacation accumulated in excess of 320 hours shall be
paid in cash at the straight time rate on the first payday following such accumulation.
-10-
E. HOLIDAY` OCCURRING DURING VACATION' In the event one or more
holidays as set forth in Hrticle 8, Sections A and B, falls w►Lhin a vacation period of an
employee not receiving holiday pay in accordance with Article 8, Section E, said day or
days shall not be charged against the vacation allowance as defined in this Article.
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 9-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. These slots shall be made
available by rank, one to Firefighters, one to Engineers, one to Firefighter Paramedics
and one to Captains. Thereafter, each additional employee shall be entitled to receive
time off for requested vacation leave, so long as a qualified replacement is available to
serve in his absence.
ARTICLE 10
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, step -grandfather, step -grandmother,
grand children, 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 I
COURT SERVICE
Employees who are subpoenaed to attend court to serve as witnesses in connection
with matters arising out of the course and scope of employment, 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.
-11-
ARTICLE 12
EDUCATION INCENTIVE PLAN
A. 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.
1. Any employee who has completed 3 years of service with the
Huntington Beach Fire Department and has attained the equivalent of E step Fire
Controller, Firefighter or higher rank and has attained an Associate of Arts Degree in
Fire Science, or an equivalent course of study as determined by the Education Committee
and the Fire Chief, shall receive an additional monthly payment of $100.
2. Any employee who has completed 6 years of service with the
Huntington Beach Fire Department and has attained the equivalent of E step Fire
Controller, Firefighter or higher rank, and has attained a Bachelors Degree in Fire
Administration, Public Administration, or an equivalent course of study as determined by
the Education Committee and the Fire Chief, shall receive an additional monthly payment
of $120.
3. Any employee in the classification titles of Fire Captain, Deputy Fire
1Jarshal or Fire Controller Supervisor who has completed 6 years of service with the
Huntington Beach Fire Department, and who has attained a Bachelors Degree in Fire
Administration or Public Administration or an equivalent course of study, as determined
by the Education Committee and the Fire Chief, shall receive an additional monthly
payment of $150.
B. Notwithstanding the foregoing, any employee currently receiving educational
incentive benefits in any previous approved schedule, shall continue to receive the
monthly payments entitled thereunder, in lieu of any payment available under Section "A"
of this Article, if the current payment exceeds the payment to which the employee would
be entitled under Section "A," if any.
C. An Education Committee shall be formed and shall be composed of 3
members. Of said three members, one shall be appointed by the ASSOCIATION, one
appointed by the Fire Chief and the third shall be the Personnel Director.
D. Certification to an education award and to the additional monthly
compensation shall commence on the first day of the payroll period the month after
approval by the Education Committee.
E. Degree majors in an equivalent course of study other than Fire Science, Fire
Administration, or Public Administration, shall be approved in advance by the Education
Committee.
-12-
ARTICLE 13
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 continuance option (G.C: 21263 and 21263.0 for safety employees and the
survivor option for all employees as established by the California Public Employees'
Retirement System, Section 21382 of the California Government Code.
B. The CITY shall continue the contract with PEPS under which retirement
benefits are calculated based upon the employee's highest one year's compensation,
instead of his/her highest three consecutive years compensation, pursuant to the
provisions of Section 20024.2 (highest single year).
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 shall survive the term of this Agreement.
E. During the term of this agreement, the parties shall study the feasibility of
alternative retirement programs. Nothing contained herein shall entitle the CITY to
make any unilateral change in the retirement program for current or future employees.
ARTICLE 14
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 15
EARLY RELIEF
An employee may be relieved by any other employee who is, qualified to relieve hirn
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, 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 shall not result in any additional cost to CITY.
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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".
This exchange shall not be considered when computing work performed as defined in
Article 4.
ARTICLE 17
ADMINISTRATIVE APPOINTMENT
The CITY may, from time to time, administratively appoint employees to
administrative or specialist positions. The personnel appointed to the positions of Deputy
Fire Miarshal, Fire Protection Specialist, Fire Captain Paramedic, Fire Engineer
Paramedic, and Firefighter Paramedic, shall serve at the discretion of the Fire Chief.
Persons so appointed to these positions shall permanently retain their highest
classification and anniversary date (Step merit salary increases shall coincide with the
anniversary date of the employee's permanent classification) which they held prior to
their administrative appointment.
An employee administratively appointed to these positions who subsequently is
voluntarily or involuntarily reassigned to a position within their permanent classification
with a lower rate of pay, shall receive a one step reduction in pay to initially coincide
with their reduced assignment and at each anniversary date thereafter, until their rate of
pay equals the rate of pay entitled as if they had not received the administrative
appointment.
Any administratively appointed employee to the positions of either Fire Captain
Paramedic, Fire Engineer Paramedic and Firefighter Paramedic, who has completed five
years of service in the appointed or any other appointed parallel position, may request to
return to their permanent classification, and shall within one year thereafter, be entitled
to return to his/her permanent classification. Any administratively appointed employee
to the positions of Deputy Fire I'Aarshal and Fire Protection Specialist, who has completed
four years of service in the appointed or any other appointed parallel position, may
request to return to their permanent classification, and shall within one year thereafter,
be entitled to return to his/her permanent classification. The pay rate changes associated
with the appointment or reappointment shall follow the process and procedures
established for all positions within the classified service.
Any Firefighter Paramedic who was previously a permanently classified Fire
Paramedic shall retain a vested right to not be administratively reassigned except for
disciplinary demotions or layoff.
This section shall not apply to disciplinary demotions or layoffs.
-14-
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, 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 or Firefighter Paramedic.
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) Firefighter Paramedic.
4. Paramedic units shall be manned with no less than two (2) Firefighter
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.
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. He may be utilized to fill a position for which he is qualified to serve in cases of
temporary fill-in of four (4) hours or less.
9. Employees acting in a higher classification, when properly qualified and
compensated in accordance with Article 4, shall be considered equivalent to the required
classification.
-15-
10. Eith ine firefighter or one firefighter amedic assigned to a truck
company may be utilized for special assignments for a period not to exceed four (4) hours
in any one shift.
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 paragraphs 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 irnmediate response.
G. No person shall be assigned as a Fire Engineer Paramedic or a Fire Captain
Paramedic except on a voluntary basis. Any such person removed involuntarily from that
position shall be subject to the provision of Article 17.
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 is 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, Policy D.10,
as of the final filing date for the promotional examination.
ers
B. Except fc ie position of Supervising Fire C oller, where -only two such
applicants need apply, 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 three (3) such applicants apply for each promotional examination.
C. A promotional examination list shall be certified when at least three (3)
eligible candidates pass. If less than three (3) eligible candidates pass, within 10 days
after the results are received, the Fire Chief must elect to accept the list or, subject to
the provisions below, conduct a new examination six (6). months thereafter. If less than
fifty percent (50%) of the candidates pass the examination, the Chief must conduct a new
examination within thirty (30) days. If fifty percent (50%) or more of the candidates (but
less -than three) pass the examination and the Chief does not accept the list, the parties
may agree to conduct a new examination prior to the expiration of the six month period
and to limit the duration of any resulting eligibility list. If, after the completion of any
such new examination, there are still not three (3) certified candidates, an open
examination for the position may be given.
The Fire Chief shall continue to have the option to select for promotion from
a list of at least three (3) certified candidates. For the position of Supervising Fire
Controller, the option shall be from a list of at least two (2) qualified candidates.
D. Any challenge to any portion of the examination process must be filed within
three (3) working days of the date of the event that is the subject of the protest. 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.
ARTICLE 21
SAFETY CLOTHING AND UNIFORMS
The present uniform and clothing policies as delineated in this Article, 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;
-17-
C. Any unifo with the exception of the phys' ' fitness uniform, that are
destroyed or which become unacceptable, and which were damaged by circumstances
involving the Firefighter'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. Six (6) 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, or equivalent, Stock shirt and Stock trousers;
2. Two (2), 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. 411 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. 1. CITY shall provide each employee who participates in the Fire
Department's physical fitness program one hundred dollars ($100) per fiscal year for the
purchase of physical fitness uniforms (including white T-shirts) and physical fitness shoes,
payable in the first payroll of December, provided that the white T-shirts referred to
herein, may be required to be worn as part of the daily work uniform.
2. Each employee who meets the fitness guidelines provided in Policy D-9
of the Huntington Beach Fire Organization Manual, a copy of which is attached hereto and
incorporated by reference as Exhibit H, mutually agreed upon by the parties, shall receive
at that time an additional $10 or equivalent compensation per fiscal year.
3. Reserve Firefighters who complete one full year of satisfactory service
with the Huntington Beach Fire Department shall be reimbursed for actual expense
incurred for required uniform shoes in an amount not to exceed the cost of equivalent
shoes provided by the Department, and shall also be reimbursed for one half (1 /2) of the
cost of any medical examination required by the Fire Department as a condition of
becoming a Reserve Firefighter. The medical examination must have been conducted no
earlier than sixty (60) days prior to appointment as a Reserve Firefighter.
3 �1
I. A uniforn ivisory committee composed of (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:
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
TIME OFF - ASSOCIATION BUSINESS
During the term of this agreement, authorized representatives of the Association
shall be entitled to receive up to a total of 375 collective hours without any loss of
compensation per contract year to be utilized for lawful Association activities.
ARTICLE 23
CERTIFICATION IN CLASS
A. Any employee, in a position that did not require certification as a condition
of employment, and who at any time has been or becomes certified by the State Board of
Fire Services in a classification then occupied, shall be entitled, upon request, to a cash
payment of $250. Each employee may only receive one such payment irrespective of the
number of times he is certified in any position.
B. Each time a Firefighter Paramedic working in the position is recertified as a
Paramedic, he/she shall be entitled to a cash payment of $200.
C. Upon receiving and maintaining EMT Certification, each Fire Controller shall
receive an additional $65 per month in salary.
ARTICLE 24
FOREIGN LANGUAGE DIFFERENTIAL
Up to seven employees who have demonstrated their ability to converse in Spanish
or Vietnamese shall receive a monthly cash payment of $50. The manner of demonstrat-
ing proficiency and the selection of which eligible employees receive the cash payment (if
more than seven employees are eligible) shall be determined in a manner to be agreed
-19-
upon between the Fire ief and the Association; providinc at if the parties are unable
to agree, then the determination shall be made by the Education Committee described in
Article 12, C, 2.
ARTICLE 25
QUARTERS
CITY shall continue to provide necessary kitchen, living and sleeping quarters in
the several fire stations and shall continue to provide facilities for Association meetings.
ARTICLE 26
MAINTENANCE OF INSURANCE BENEFITS
Whenever an eligible employee is absent because of illness or injury, the CITY shall
continue to provide to the employee and his dependents, all of the insurance benefits set
forth in Articles 5 and 6, for the duration of any such approved absence not to exceed
twenty-four (24) months.
ARTICLE 27
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
thereof by said employee.
ARTICLE 28
LAYOFFS
The procedure and practice regarding layoffs in effect on July 1, 1980 shall remain
in full force and effect durino the entire term of this Agreement.
ARTICLE 29
PRECEDENCE
In any case in which any provision of this Memorandum of Understanding 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 30
SE VERABILITY
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
Y4111
or more sections, subs -ions, sentences, clauses, phrases portions, or the application
' thereof to any person, be declared invalid or unconstitutional.
ARTICLE 31
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 32
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 33
TERM OF.MEMORANDUM OF UNDERSTANDING
This 'Memorandum of Understanding shall be in effect commencing on
October 1, 1985, and ending at . midnight on September 30, 1987. 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.
-21-
ARTICLE 34
CITY COUNCIL APPROVAL
It is the understanding of CITY and ASSOCIATION that this Memorandum of
Understanding is of no force or effect whatsoever unless and until adopted by resolution
of the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this 17th day of January , 1986.
By,
CITY OF HUNTINGTON BEACH
ity Admini3'tratW
BY.! ..
-I e. hi
By
C#hie:f`bf'-Adminit�ativte Services
By
Charles Goldstein, Negotiator
APPROVEEr�AS TO FORM:
r
BY
Gail Hutton
City Attorney
0440X/sd
-22-
HUNTINGTON BEACH
FIREMEN'S ASSOCIA T IOPJ
0 r� :,. C /-% 'i '
By
By
By
By
By
By
Dan (Mann
Association Representative
EXHIBIT "A"
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE
EFFECTIVE OCTOBER 5. 1985
JOB NO.
TITLE
RNG
A
B
C
D
E
6432
Fire Controller
NE
318
1844
1945
2052
2165
2285
4432
Firefighter
NE
335
2011
2122
2238
2361
2491
2460
Supvg. Fire Controller
EX
382
2541
2681
2829
2985
3149
3430
Fire Engineer
NE
360
2279
2404
2536
2675
2822
Fire Engineer Paramedic
NE
382
2541
2681
2829
2985
3149
4428
Fire Paramedic
NE
370
2392
2524
2662
2808
2962
4430
F ire Protection Specialist
EX
370
2392
2524
2662
2808
2962
1480
Fire Captain
EX
394
2697
2846
3002
3167
3340
Fire Captain Paramedic
EX
416
3009
3175
3351
3534
3728
1430
Deputy Fire Marshal
EX
416
3009
3175
3351
3534
3728
EFFECTIVE OCTOBER 4. 1986
JOB NO.
TITLE
RNG
A
B
C
D
E
6432
Fire Controller
NE
329
1952
2059
2172
2291
2418
4432
Firefighter
NE
345
2109
2226
2349
2477
2614
2460
Supvg. Fire Controller
EX
393
2681
2829
2985
3149
3323
3430
Fire Engineer
NE
370
2392
2524
2662
2808
2962
Fire Engineer Paramedic
NE
392
2669
2817
2971
3134
3305
4428
Fire Paramedic
NE
380
2517
2655
2801
2955
3118
4430
Fire Protection Specialist
EX
380
2517
2655
2801
2955
3118
1480
Fire Captain
EX
404
2636
2992
3156
3330
3513
Fire Captain Paramedic
EX
426
3163
3337
3520
3715
3919
1430
Deputy Fire Marshal
EX
426
3163
3337
3520
3715
3919
0440X
EXHIBIT B
AMENDMENT NO. 2
CITY OF HUNTINGTON BEACH
EMPLOYEE HEALTH PLAN DOCUMENT
This Amendment No. 2 to the City of Huntington Beach Employee Health Plan is
attached to and made part of the Employee Health Plan Document as it relates to all
employees in a class represented by the Firemen's Association and effective as follows:
As requested, effective January 1, 1984, the City of Huntington Beach Employee
Health Plan Document is hereby amended as to:
PART I: DEFINITIONS, Item G, p. 2, shall read:
Gl. "Second Opinion Surgery" means certain surgical procedures done
on an elective basis shall be mandated to have a Second Surgical
Opinion in order to be payable at normal plan benefits, as
specified in this Plan Document.
These surgical procedures are as listed:
Cataract Surgery
Cholecystostomy
Hernia Repair
Hysterectomy
Laminectomy
Mastectomy
Onychotomy
Prostatectomy
Cataract Surgery
Varicose Vein Ligation
Tonsillectomy & Adenoidectomy
Knee Surgery (Mienisectomy)
Hemorrhoidectomy
Dilatation and Currettage
Repair of Deviated Septum (SMR)
Spinal Fusion
PART VIII: BASIC BENEFITS, Item A.6, P. 14. shall read:
6. Outpatient, Hospital Benefits: Benefits will be provided for
100% of the usual, customary and reasonable charge for services and
supplies in connection with:
a. Surgery requiring use of operating facilities, AND THE
PHYSICIAN'S CHARGES FOR THE SURGICAL PROCEDURE.
1
b. Treatment of an accidental injury within 72 hours of the
Accident, including necessary x-rays and laboratory tests, BUT
NOT THE PHYSICIAN'S CHARGES FOR PROFESSIONAL
SERVICES.
c. Usual, Customary and Reasonable Charges for required
medical testing done on an out -patient basis prior to admission
to a hospital.
PART VIII: BASIC BENEFITS, Item C.l.d.(5), p. 15, shall read:
d. Benefits for surgical services are subject to these conditions
and limitations:
1. The services will be performed by a licensed
physician.
2. The service must be performed on or after the
Participant's. or Family Member's Effective Date
of coverage under this Document. However, if the
Member is already hospitalized prior to the
Effective Date, benefits for surgical services will
not be provided until after the Member is
discharged from that hospital.
3. If more than one surgical service is performed
during one operative session in the same operative
area, payment will be made only for the major
procedure.
4. If more than one surgical service is performed
during the same operative session in different
operative areas, maximum payment is made for the
major procedure, plus one-half the allowance for
the minor procedure which provides the next
greatest allowance. However, the total benefit for
the Primary Surgeon under these circumstances
shall not exceed 24.62 Units.
5. If an elective surgical service is performed without
a second opinion, no benefit will be paid under this
provision.
PART IX: MiAJL_. MEDICAL, Item A.4.a., p. 17, ano —em A.4.c.; and Item A.4.d.;
and Item A.4.e., p. 18, shall read:
4. Stop Loss
a. Other than Mental Disorders: When expense incurred by the
Participant or Family Member for Covered Services and
Supplies, EXCEPT FOR MENTAL DISORDERS, OUT -PATIENT
PRE -HOSPITAL ADMISSION TESTING, AND OUT -PATIENT
SURGERY, exceeds the Deductible Amount, benefits will be
provided at 80°/b of USu21, Customary and Reasonable Charges
for those Covered Services and Supplies which exceed the
Deductible Amount until total paid Major Medical benefits
during the Calendar Year reach $1,600. For the remainder of
the Calendar Year, benefits will be provided at 100% of Usual,
Customary and Reasonable Charges for Covered Services and
Supplies.
b. Mental Disorders: For psychiatric care benefits will be
provided at 50% of Usual, Customary and Reasonable Charges.
c. Out -Patient Pre -Hospital Admission Testing: For required
medial testing done on an out -patient basis prior to admission
to a hospital, benefits will be ,provided at 100°b of Usual,
Customary and Reasonable Charges.
d. Out -Patient Surgery: For surgery requiring the use of hospital
surgical facilities, surgical centers or other surgical facilities
affiliated with .an accredited hospital which satisfies the
definition of hospital under this Plan Document, AND THE
PHYSICIAN'S CHARGES FOR THE SURGICAL PROCEDURE,
benefits will be provided at 100% of Usual, Customary and
Reasonable Charges.
The Plan Document shall not be construed to be altered in any way by this
Amendment No. 2 except as explicitly set forth herein.
0440X
EXHIBIT C
TO: MEMBERS OF THE HUNTINGTON BEACH FIREMEN'S ASSOCIATION
RE: SECOND OPINION SURGICAL PROGRAM
Certain surgical procedures done on an elective basis shall be mandated to have a second
surgical opinion in order to qualify as being fully covered under the City of Huntington
Beach Employee Health Care Plan. The surgical procedures which would require a second
opinion if done on an elective basis, are listed below:
i. PROSTATECTOMY - excision of part of all of the prostate gland.
2. HYSTERECTOMY - removal of the uterus (womb).
3. ONYCHOTOMY - surgical removal of the nail of a toe or finger.
4. KNEE SURGERY (MENISECTOMY) - removal of meniscus cartilage of the
knee.
5. REPAIR OF DEVIATED SEPTUM (SMR) - sub -mucous resection - plastic
surgical procedure to straighten nose.
6. TONSILLECTOMiY and ADENOIDECTOMY - surgical removal of tonsils
and/or adenoids.
7. LAMINECTOMY - surgery on spinal cord through the vertebral arch.
8. HEMORRHOIDECTOMY - surgical excision of hemorrhoids (piles).
9. DILATATION AND CURETTAGE - expansion of cervix and scraping of
uterine cavity.
10. MASTECTOMY - surgical removal of the breast.
11. CATARACT SURGERY - excision of diseased lens of the eye.
12. VARICOSE VEIN LIGATION - removal of varicose vein.
13. CHOLECYSTOSTOMIY - cutting into and draining of the gallbladder through
abdominal wall.
14. HERNIA REPAIR - repair of an inguinal femoral or umbical hernia.
15. SPINAL FUSION - surgical fusion of two or more vertebrae.
The second opinion will be rendered by a physical who is:
1. A qualified Board Certified surgeon in the same speciality as the original
surgeon.
It J ' �., 2. Of good star iding in the Orange County Medical community.
3. A member of the Orange Count y'Foundation for Medical Care.
The second opinion surgical panel members will also agree that the patient will be
referred back to the original physician, whether the second opinion surgeon agrees or
disagrees with the original physician's assessment.
The Foundation for Medical Care of Orange County has panel physicians in all major cities
of Orange County. The patient will be given a list of three second opinion panel
suraeons. They will be expected to select one of the panel physicians and be examined to
determine the medical necessity of the proposed procedure.
The second surgical opinion fee will be paid by the Employee Health Care Plan (average
range $75 to°$150 with a written report).
0440X
Res. No. 5612
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNT INGTON BEACH )
1, ALICIA MI. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 21st day
of January
, 19 86 , by the following vote:
AYES: Councilmen:
Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk '
of the City Council of the City
of Huntington Beach, California
Huntington
Beach
Flb
irefighters
Association
1983
— 1985
600070
E
REQUE"P FOR CITY COUNCIL'ACTION
1 Date
12/27/83
APPROVED BY
QCIL
Submitted to:
MAYOR AND CITY COUNCIL
Submitted by:
Charles W. Thompson, City Administrator
Prepared by:
Robert J. Franz, Chief, Administrative Services
CITY CL$xK
Subject:
Resolution of the.City of Huntington Beach Imp
nting a Memorandum
of Understanding between the City of Huntington
Beach and the Hunt-
ington Beach Fireman's Association.
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: A(-,
Statement of Issue: The City of Huntington Beach and the Huntington Beach Fire --
manes Association have met and conferred as prescribed by law and have reduced their
agreements to Memorandum of Understanding for a term commencing October 11 1983
and expiring September 30, 1985. .
Recommendation:. City Council adopt attached Resolution implementing the Memoran-
dum of Understanding between the City and the Huntington Beach Fireman's Associa-
tion.
Analysis: Terms of Memorandum of Understanding include: A two year agreement
commencing October 1, 1983 and expiring September 30, 1985.
Salary: Effective 10/8/83 4.5% for all classifications $259,183
Effective 10/6/84 5.0% for all classifications $310,000
Align the vacation accrual cycle to similar cycle used for other employees.
Cap LTD insurance costs for two years at $34.18 per employe.
Cap health insurance premiums up to $350.00 per month or dollar premium in
effect on January 1985 whichever is greater.
Add: Cost containment language to medical insurance plan.
Increase vacation allowance one (1) shift for employees completing 20 years of
service.
Funding Source: General fund.
Alternative Actions: Continue meet and confer process.
;:attachments: Resolution implementing Memorandum of Understanding between the City .
and the Huntington Beach Fireman's Association.
PIO 4/81
RESOLUTION NO. 5344
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH APPROVING AND IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON
BEACH FIREMEN'S ASSOCIATION
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY
RESOLVE AS FOLLOWS:
The Memorandum of Understanding between the City of
Huntington Beach and the Huntington Beach Firemen's
Association, effective October 1, 1983, 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, and the City Administrator is authorized to
execute the agreement on behalf of the city.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 3rd
day of January , 1984.
ATTEST:
City Clerk
APPROVED:
ity Administrator
r
APPROVED AS TO FORM:
2L- t:� 44� —
/L-LclLF-y City Attorney Ky
APPROVED:
Fire ief
1.
r ' 1 T
TABLE OF CONTENTS
TITLE
Table of Contents
Preamble
Article
1
Representational Unit
Article
2
Salary Schedules
Article
3
PERS Pickup
Article
4
Hours of Work/Overtime/Compensatory
Article
5
Insurance
Article
6
Dental Plan
Article
7
Sick Leave
Article
8
Holidays
Article
9
Vacations
Article
10
Bereavement Leave
Article
11
Court Service
Article
12
Educational Incentive Plan
Article
13
Retirement
Article
14
Compensation for Supervisors
Article
15
Early Relief
Article
16
Exchange of Schedule
Article
17
Administrative Appointment
Article
18
Minimum Manning
Article
19
Assigned Shift Policy
Article
20
Promotional Examinations
Article
21
Safety Clothing and Uniforms
Article
22
Time Off - Association Business
.Article
23
Certification in Class
:Article
24
Foreign Language Differential
.Article
25
Quarters
Article
26
Maintenance of Insurance Benefits
Article
27
Reinstatement of Employees No Longer
Article
28
Layoffs
Article
29
Precedence
Article
30
Severability
Article
31
Existing Conditions of Employment
Article
32
Management Rights
Article
33
Term of Memorandum of Agreement
Article ,
34
City Council Approval
List of Exhibits:
"A" Salary Schedule
"B" Employee Health Plan Document
"C" Second Opinion Surgical Program
Time/Standby
Disabled
PAGE
i
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1
2
2
2
6
8
8
8
9
10
11
11
14
14
15
15
15
15
17
17
18
20
20
20
21
21
21
21
21
22
22
22
22
23
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25
28
05810
MEMORANDUM OF UNDERSTANDING
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 period
October 1, 1983 to September 30, 1985,
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 Understanding is made to become
effective October 1, 1983, 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 Protection Specialist
Reserve Firefighter Fire Captain
Firefighter Deputy Fire Marshal
Supervising Fire Controller Fire Engineer Paramedic
Fire Engineer Fire Captain Paramedic
Fire Paramedic
-1-
ARTICLE 2
SALARY SCHEDULES
A. Effective October 8, 1983, the base salary of each employee represented by
the Association shall be as set forth in the Salary Schedule attached hereto, as Exhibit
"A". Effective October 6, 1984, the base salary of each such employee shall be modified
as set forth in Exhibit "A".
B. Salary 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
0700 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
PERS PICKUP
Each employee covered by this Agreement shall continue to be reimbursed an
-.. amount equal to 7% of the employee's base salary as pickup of the employee's
contribution to the Public Employees Retirement System.
The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2)
of `the Internal Revenue Code. The above pickup shall be credited to the employee's
account with PERS.
Should any ruling by either the PERS or other State or Federal agency nullify the
benefit authorized above, the City and the Association agree to reopen negotiations
regarding wages and salaries.
ARTICLE 4
HOURS OF WORK, OVERTIME, COMPENSATORY TIME AND STANDBY
A. HOURS OF WORK AND PAID OVERTIME
1. 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. For each shift actually worked, Fire Controllers shall
receive as compensation for break periods worked, an additional sum equal to one half
hour's base salary, which sum shall be added to and become a part of the employee's base
salary and shall not be regarded as overtime hours worked for the computation of
overtime.
-2-
2. All shift employees shall work an average of 56 hours per week pursuant
to the current schedule of five 24-hour shifts in a 15-day period with six consecutive days
off.
3. Persons assigned to perform fire prevention and/or staff duties shall
work an average of 42 hours per week on a 10 hour day in accordance with their present
schedule or any other schedule or work week mutually agreed upon by the Fire Chief and
the employee.
4. Persons not subject to emergency duty shall work a 40 hour work week
of 8 hours per day 5 days per week.
5. Fire Controllers shall receive premium pay at one and one half (1 1/2)
times their normal rate for all work performed in excess of eighty (80) hours in any two
(2) week pay periods.
6. All sworn employees covered by this Agreement shall be eligible for
overtime pay of one and one-half times their hourly compensation for all work performed
in excess of the employees scheduled hours in any two (2) week pay period.
7. For Fire Controllers, in each pay period, work performed shall be
defined as actual time worked, approved vacation and/or compensatory paid leave and/or
up to four hours of paid sick leave and/or leave for industrial illness or injury. For all
other employees, work performed shall be defined as actual time worked and/or approved
leaves for vacation, bereavement, industrial injury or illness, compensatory time off,
and/or compensatory paid leave. Employees will be paid straight time for all work
performed up to the scheduled hours in said pay period.
8. An employee who is required to attend a class or seminar to maintain
his/her current position shall have his/her related expenses paid by the City. Except in
the case of paramedics, if such attendance occurs at a time when the employee is not
scheduled to work, he/she shall receive additional compensation of eight hours per day at
straight time. Local Orange County attendance shall only be compensated on an hourly
basis.
9. Manning vacancies shall be filled rank for rank whenever possible. In
the event that a vacancy cannot be filled by voluntary overtime, persons qualified to fill
said vacancy may be utilized at the discretion of the Fire .Chief to maintain adequate
manning levels.
In the event that a Fire Paramedic who is scheduled 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 a voluntary 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. Any employee who voluntarily works
-3-
t
overtime in a different classification shall be compensated at a rate of pay consistent
with the classification worked. Any employee who is ordered in to work a lower
classification, shall be compensated at the rate attendant to his regular classification.
10. The CITY will maintain and adhere to the overtime system as set out in
"Huntington Beach Fire Department Organization Manual, Policy D-3," published as
revised concurrently with this Agreement, a copy of which is attached hereto and
incorporated herein as Exhibit "B". The overtime system and/or "Policy D-3" may be
modified by mutual agreement of the parties at any time during the term of this
Agreement.
11. An employee shall be considered to be working if he is called to duty by
order initiated by the Fire Chief or his designee.
12. 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 work performed
within the meaning of Article 4.
13. Meal periods are paid as hours worked for personnel who are subject to
call for emergency duty.
B. COMPENSATORY TIME. For all employees other than Fire Controllers and
shift employees, in lieu of compensation by cash payment for overtime as provided in
Article 4, Section A, such employees may, at their option, and with approval of the Fire
Chief, be compensated by compensatory time at a straight time rate on an hour for hour
basis.
In any pay period where a Fire Controller or shift employee is eligible to receive a
cash payment for overtime at time and one half (1 1/2) as provided in Section "A" of this
article, such employee may elect to receive compensatory time at straight time in lieu of
a cash payment at time and one half (1 1/2). Compensatory time may be accumulated to
a maximum of 120 hours. Compensatory time may be taken on an hour for hour basis only
with the permission of the Fire Chief with due consideration for the request of the
employee and particular regard for the need of the Department. Upon his/her
request, any employee may elect to convert all or a portion of compensatory time to a
cash payment at time and one half. Any such payment shall be made on the next regular
payday following the request, provided the request is made by the end of the previous
payroll period.
Compensatory time may not be received in lieu of a cash payment for time worked
during major emergencies when, in the opinion of the Fire Chief, the City may be eligible
for reimbursement from another agency for said cash payment.
-4-
At the time of any change in the Salary Schedule, any accumulated time which has
not been used or paid off, shall be paid in cash at the rate of time and one half (1 1/2)
based upon the salary schedule in effect prior to the change.
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 ifor such scheduling in "Policy D-3," attached as Exhibit "B" hereto, which scheduling
is subsequently cancelled, less than 72 hours in advance of the commencement of the
scheduled overtime shift, 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 include approved vacation and compensatory time 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. 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
those persons previously assigned thereto may be utilized to fill any such vacancy prior to
the use of off duty personnel on an overtime basis.
-5-
ARTICLE 5
INSURANCE
A. The CITY shall continue to provide group medical benefits to all employees
with coverage and other benefits comparable to the group medical plan currently in effect.
B. Effective January 1, 1984, the group medical insurance plan shall be modified
to pay 100% of the usual, customary and reasonable charges for out patient pre -admission
testing and out patient surgery.
C. Effective January 1, 1984, those elective surgeries listed on Exhibit "C" only
will require a second opinion from a physician who is a qualified Board Certified surgeon
in the same specialty as the original surgeon. Once such second opinion is obtained, if the
individual elects to have the surgery, the normal benefit will be paid irrespective of the
content of the second opinion. Should an employee or covered dependent elect a listed
surgical procedure without a second opinion, such employee or dependent shall receive no
benefit. The listed surgical procedures shall be considered elective unless the attending
physician certifies that the procedure was performed on an emergency basis without
reasonable time for a second opinion. All medical costs and expenses incurred in
connection with securing the second opinion shall be paid by the Employee Health Care
Plan.
D. The CITY shall continue to provide dependent health insurance effective the
first of the month following the month during which the employee completes three (3)
years of full time continuous service with the CITY.
,E. Effective January 1, 1985, the CITY'S obligation to pay for health insurance
shall be limited to the higher of: ,
1. $350 per month for full family coverage for eligible employees, OR
2. The maximum premium or rate for full family coverage under any plan
maintained by the CITY for full family coverage.
F. 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 benefits program maintained by the CITY with respect to employees represented
by the ASSOCIATION at the equivalent of 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 7; 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 7, and an estimate shall be provided by the City to the retired
QM
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 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
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.
G. The CITY shall provide a Life Insurance Plan for the employees covered by
this Agreement. Said plan shall be equal to that provided by Standard Insurance Company
Policy 332175-A, Optional Insurance, Section 1B, Plan A, a copy of which is attached
hereto and incorporated herein as Exhibit E-1.
H. Effective November 1, 1983 the City shall pay to the Association on behalf of
each affected employee, on a monthly basis, an amount of $34.18 per member for a Long
Term Disability Policy.
The City's sole obligation under this paragraph shall be to make payments to the
Association in accordance with the above schedule.
I. The City shall continue to provide each employee with coverage under the
current Accidental Death and Dismemberment Insurance plan in effect for the CITY with
a benefit of $50,000 as described in Bankers Life Policy #SR50,935-50 attached hereto
and incorporated herein as Exhibit E-3.
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J. Except as provided in Section "E" of this Article, nothing in this Article shall
be deemed to restrict the CITY's right to change insurance carriers should circumstances
warrant.
K. Nothing in this Article shall be deemed to obligate the CITY to improve the
benefits outlined in this Article.
ARTICLE 6
DENTAL PLAN
The CITY shall provide for each employee and his/her dependents the dental
and/or orthodonture insurance program contained in PMI Policy #CXP 203, attached
hereto and incorporated herein as Exhibit E-4.
ARTICLE 7
SICK LEAVE
A. Upon termination, employees shall be paid (or have paid on their behalf as
provided in Article 5) 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.
B. Twenty four (24) hour shift employees shall be entitled to charge up to three
(3) shifts per year of sick leave for family sick leave as presently defined in the City
Personnel Rules where the attendance of the employee is required. The Fire Chief may
authorize an employee to charge additional sick leave for family sick leave in the event of
serious illness of an employee's dependent(s) where warranted by the circumstances.
ARTICLE 8
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. The following are recognized legal holidays:
1. New Year's Day (January 1)
2. Washington's Birthday (third Monday in February)
3. Memorial Day (last Monday in May)
4. Independence Day (July 4)
5. Labor Day (first Monday in September)
6. Veterans' Day (November 11)
7. Thanksgiving Day (fourth Thursday in November)
8. Friday after Thanksgiving
9. Christmas Day (December 25)
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B. In the event that a holiday, other than the holidays set forth in Article 8,
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 8, Section A, shall not be entitled to time
off or overtime.
E. Any employee who does not work shift work may elect to take time off in
lieu of holiday pay as set forth above. In addition, such employee shall receive the
equivalent of two (2) holidays (16 hours) as annual vacation accrued over twenty-six pay
periods.
ARTICLE 9
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.
B. VACATION ALLOWANCE. Permanent, full time employees shall accrue
annual vacations at the 40 hour week accrual rate with pay as follows:
1. For the first four (4) years of continuous service, vacation time shall be
accrued at the rate of one hundred and nine (109) hours per year.
2. After four (4) years of continuous service to the completion of nine (9)
years of continuous service, vacation time shall be accrued at the rate of 125 hours per
year.
3. After nine (9) years of continuous service to the completion of fourteen
(14) years of continuous service, vacation time shall be accrued at the rate of 141 hours
per year.
4. After fourteen (14) years of continuous service, vacation time shall be
accrued at the rate of 173 hours per year.
5. After twenty (20) years of continuous service, vacation shall be accrued
at the rate of 189 hours per year.
C. CASH PAYMENT. On two occasions during each fiscal year, each employee
shall have the option to convert into a cash payment up to a total of fifty-six (56) hours of
earned vacation benefits, provided that no more than fifty-six (56) total hours of earned
vacation benefits shall be so converted during any one fiscal year. The employee shall
give two (2) week's 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) month's of employment. No employee shall be permitted to take a vacation in
excess of actual time earned and vacation shall not be accumulated 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. Vacation accumulated in excess of 320 hours shall be
paid in cash at the straight time rate on the first payday following such accumulation.
E. HOLIDAYS OCCURRING DURING VACATION. In the event one or more
holidays as set forth in Article 8, Sections A and B, falls within a vacation period of an
employee not receiving holiday pay in accordance with Article 8, Section E, said day or
days shall not be charged against the vacation allowance as defined in this Article.
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 9-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. These slots shall be made
available by rank, one to Firemen, one to Engineers, one to Paramedics and one to
Captains. Thereafter each additional employee shall be entitled to receive time off for
requested vacation leave so long as a qualified replacement is available to serve in his
absence.
ARTICLE 10
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
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family. Immediate family is defined as father, mother, sister, brother, spouse, children,
grandfather, grandmother, stepfather, stepmother, step -grandfather, step -grandmother,
grand children, 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 11
COURT SERVICE
Employees who are subpoenaed to attend court to serve as witnesses in connection
with matters arising out of the course and scope of employment, 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 12
EDUCATION INCENTIVE PLAN
A. Except as provided below, employees shall be compensated by the City for
education incentive as follows:
1. Any employee, except Fire Controllers, who has completed 3 years of
service with the Huntington Beach Fire Department and has attained an Associate of Arts
Degree in Fire Science or an equivalent course of study as determined by the education
committee and the Fire Chief shall receive an additional monthly payment of $80.00.
2. Any employee in the classification titles of Fire Captain and Deputy
Fire Marshal who has completed six (6) years of service with the Huntington Beach Fire
Department and who has attained a Bachelors Degree in Fire Administration or Public
Administration (or an equivalent course of study as determined by the education
committee and the Fire Chief) shall receive an additional monthly payment of $130.00.
B. Notwithstanding the foregoing, any employee currently receiving educational
incentive benefits in accordance with the schedule set forth below shall continue to
receive the monthly payments entitled there under in lieu of any payment available under
Section A of this Article if the current payment exceeds the payment to which the
employee would be entitled under Section "A" if any.
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Education
HBFD
Incentive
Completed
Year of
Monthly
Level
Units
Tenure
Amount
I
Cert. in Fire
1
50
Science or
30 Units or
Firefighter III
Certification
II
60 Units or
2
$ 70
Fire Officer
Certification
III
90 Units (or
3
$ 90
AA Fire Science)
or Chief Fire
Officer
Certification
IV
120 Units or
5
$ 110
Chief Fire Officer
Certification
V
BA or BS
6
$ 120
Degree or Chief
Fire Officer
Certification
Continuing
Education
Maintenance Units
6
3
3
3
0
C. 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:
I. 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 the third shall be the Personnel Coordinator.
3. Certification to an education incentive level and to the additional
monthly compensation therefor shall commence on the first day of the payroll period the
month after approval by the Fire Chief and the Education Committee.
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4. 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.
5. 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.
6. 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 whoelects 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.
7. "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.
8. 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.
9. Maintenance courses shall be related to job or general education
requirements for degree objective as approved by educational institution for degree
program.
D. 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.
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E. All employees not eligible for an Educational Incentive Benefit under one of
the above plans shall be entitled to receive full reimbursement for books and tuition
expended in connection with approved courses as defined in paragraph C of this Article.
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 C of this Article.
ARTICLE 13
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 continuance option (G.C. 21263 and 21263.1) for safety employees and the
survivor option for all employees as established by the California Public Employees'
Retirement System, Section 21382 of the California Government Code.
B. The CITY shall continue the 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 (highest single year).
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 shall survive the term of this Agreement.
E. During the term of this agreement, the parties shall study the feasibility of
alternative retirement programs. Nothing contained herein shall entitle the City to make
any unilateral change in the retirement program for current or future employees.
ARTICLE 14
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.
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ARTICLE 15
EARLY RELIEF
An employee maybe 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, 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 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." This exchange shall not be
considered when computing work performed as defined in Article 4.
ARTICLE 17
ADMINISTRATIVE APPOINTMENT
An employee administratively ap
pointed to the position of Deputy Fire Marshal or
Fire Protection Specialist who has satisfactorily completed eighteen consecutive months
of service in such positions and subsequently is involuntarily reassigned to a classification
with a lower rate of pay shall continue to receive the rate of pay last achieved in the
higher classification until the rate of pay for his reassigned classification equals or
exceeds that of his former classification.
This Section shall not apply to voluntary transfers, disciplinary demotions or
layoffs.
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, 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 manned by at least one (1) Fire Captain and one (1) Fire Engineer.
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(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.
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 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. He may be utilized to fill a position for which he is qualified to serve in cases of
temporary fill-in of four (4) hours or less.
9. Employees acting in a higher classification, when properly qualified and
compensated in accordance with Article 4, shall be considered equivalent to the required
classification.
10. Either one firefighter or one paramedic assigned to a truck company
may be utilized for special assignments for a period not to exceed four (4) hours in any
one shift.
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.
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E. For the purpose of this Article, a salvage unit shall be any vehicle other than
those delineated in paragraphs 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.
G. No person shall be assigned as a Fire Engineer Paramedic or a Fire Captain
Paramedic except on a voluntary basis. Any such person removed involuntarily from that
position shall be subject to the provision of Article 17.
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 is 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, Policy D.10, a
copy of the relevant provision thereof is attached hereto as Exhibit "G," as of the final
filing date for the promotional examination.
B. Except for the position of Supervising Fire Controller where only two such
applicants need apply, 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 three (3) such applicants apply for each promotional examination.
C. A promotional examination list shall be certified when at least three (3)
eligible candidates pass. If less than three (3) eligible candidates pass, within 10 days
after the results are received, the Fire Chief must elect to accept the list or, subject to
the provisions below, conduct a new examination six (6) months thereafter. If less than
fifty percent (50%) of the candidates pass the examination, the Chief must conduct a new
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examination within thirty (30) days. If fifty percent (50%) or more of the candidates (but
_- less than three) pass the examination and the Chief does not accept the list, the parties
may agree to conduct a new examination prior to the expiration of the six month period
and to limit the duration of any resulting eligibility list. If, after the completion of any
such new examination, there are still not three (3) certified candidates, an open
examination for the position may be given.
The Fire Chief shall continue to have the option to select for promotion from
a list of at least three (3) certified candidates. For the position of Supervising Fire
Controller, the option shall be from a list of at least two (2) qualified candidates.
D. Any challenge to any portion of the examination process must be filed within
three (3) working days of the date of the event that is the subject of the protest. 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.
ARTICLE 21
SAFETY CLOTHING AND UNIFORMS
The present uniform and clothing policies as delineated in this Article, 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 Firefighter'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. Six (6) 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, or equivalent, Stock shirt and Stock trousers;
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2. Two (2) 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 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. 1. CITY shall provide each employee who participates in the Fire
Department's physical fitness program one hundred dollars ($100) per fiscal year for the
purchase of physical fitness uniforms (including white T-shirts) and physical fitness shoes,
payable in the first payroll of December provided that the white T-shirts referred to
herein may be required to be worn as part of the daily work uniform.
2. Each employee who meets the fitness guidelines provided in Policy D-9
of the Huntington Beach Fire Organization Manual, a copy of which is attached hereto and
incorporated by reference as Exhibit H, mutually agreed upon by the parties, shall receive
at that time an additional $10 or equivalent compensation per fiscal year.
3. Reserve Firefighters who complete one full year of satisfactory service
with the Huntington Beach Fire Department shall be reimbursed for actual expense
incurred for required uniform shoes in an amount not to exceed the cost of equivalent
shoes provided by the Department and shall also be reimbursed for one half (1/2) of the
cost of any medical examination required by the Fire Department as a condition of
becoming a Reserve Firefighter. The medical examination must have been conducted no
earlier than sixty (60) days prior to appointment as a Reserve Firefighter.
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.
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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
TIME OFF - ASSOCIATION BUSINESS
During the term of this agreement, authorized representatives of the Association
shall be entitled to receive up to a total of 375 collective hours without any loss of
compensation per contract year to be utilized for lawful Association activities.
ARTICLE 23
CERTIFICATION IN CLASS
A. Any employee, in a position that did not require certification as a condition
of employment and who at any time has been or becomes certified by the State Board of
Fire Services in a classification then occupied shall be entitled, upon request, to a cash
payment of $250. Each employee may only receive one such payment irrespective of the
number of times he is certified in any position.
B. Each time a Fire Paramedic working in the classification is recertified as a
Paramedic, he/she shall be entitled to a cash payment of $200.
ARTICLE 24
FOREIGN LANGUAGE DIFFERENTIAL
Up to seven employees who have demonstrated their ability to converse in Spanish
or Vietnamese shall receive a monthly cash payment of $50. The manner of
demonstrating proficiency and the, selection of which eligible employees receive the cash
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payment (if more than seven employees are eligible) shall be determined in a manner to be
agreed upon between the Fire Chief and the Association; providing that if the parties are
unable to agree, then the determination shall be made by the Education Committee
described in Article 12, C, 2.
ARTICLE 25
QUARTERS
CITY shall continue to provide necessary kitchen, living and sleeping quarters in
the several fire stations and shall continue to provide facilities for Association meetings.
ARTICLE 26
MAINTENANCE OF INSURANCE BENEFITS
Whenever an eligible employee is absent because of illness or injury, the CITY shall
continue to provide to the employee and his dependents all of the insurance benefits set
forth in Articles 5 and 6 for the duration of any such approved absence not to exceed
twenty-four (24) months.
ARTICLE 27
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 28
LAYOFFS
. The procedure and practice regarding layoffs in effect on July 1, 1980 shall remain
in full force and effect during the entire term of this Agreement.
ARTICLE 29
PRECEDENCE
In any case in which any provision of this Memorandum of Understanding 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.
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ARTICLE 30
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 31
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 32
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 33
TERM OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall be in effect commencing on
October 1, 1983, and ending at midnight on September 30, 1985. 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.
-2 2-
ARTICLE 34
CITY COUNCIL APPROVAL
It is the understanding of CITY and ASSOCIATION that this Memorandum of
Understanding 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
By
City Administrator
HUNTINGTON BEACH FIREMEN'S
ASSOCIATION
By
Fire Chief
By By
City Negotiator
By
APPROVED AS TO FORM:
By jjq.,:Lp�
1-3 43 City Attorney
-23-
EXHIBIT "A"
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE
EFFECTIVE OCTOBER 8. 1983
JOB NO.
TITLE
RNG
A
B
C
D
E
6432
Fire Controller
NE
297
1664
1756
1853
1995
2063
4432
Firefighter
NE
315
1815
1915
2021
2132
2250
2460
Supvg. Fire Controller
EX
361
2288
2415
2548
2688
2836
3430
Fire Engineer
NE
340
2059
2172
2291
2418
2551
Fire Engineer Paramedic
NE
362
2300
2427
2560
2701
2850
4428
Fire Paramedic
NE
350
2165
2285
2411
2543
2683
4430
Fire Protection Specialist
NE
350
2165
2285
2411
2543
2683
1480
Fire Captain
EX
374
2442
2576
2718
2867
3025
Fire Captain Paramedic
EX
396
2725
2874
3032
3198
3375
1430
Deputy Fire Marshal
EX
396
2725
2874
3032
3198
3375
EFFECTIVE OCTOBER 6,
1984
JOB NO.
TITLE
RNG
A
B
C
D
E
6432
Fire Controller
NE
307
1749
1844
1947
2054
2167
4432
Firefighter
NE
325
1912
2018
2129
2246
2369
2460
Supvg. Fire Controller
EX
371
2404
2536
2675
2822
2978
3430
Fire Engineer
NE
350
2165
2285
2411
2543
2683
Fire Engineer Paramedic
NE
372
2416
2550
2690
2837
2993
4428
Fire Paramedic
NE
360
2279
2404
2536
2675
2822
4430
Fire Protection Specialist
NE
360
2279
2404
2536
2675
2822
1480
Fire Captain
EX
384
2567
2707
2857
3014
3181
Fire Captain Paramedic
EX
406
2863
3021
3188
3363
3548
1430
Deputy Fire Marshal
EX
406
2863
302f
3188
3363
3548
-24-
EXHIBIT B
AMENDMENT NO. 2
CITY OF HUNTINGTON BEACH
EMPLOYEE HEALTH PLAN DOCUMENT
This Amendment No. 2 to the City of Huntington Beach Employee Health Plan is
attached to and made part of the Employee Health Plan Document as it relates to all
employees in a class represented by the Firemen's Association and effective as follows:
As requested, effective January 1, 1984, the City of Huntington Beach Employee
Health Plan Document is hereby amended as to:
PART I: DEFINITIONS, Item Q, p. 2, shall read:
Q. "Second Opinion Surgery" means certain surgical procedures done
on an elective basis shall be mandated to have a Second Surgical
Opinion in order to be payable at normal plan benefits, as
specified in this Plan Document.
These surgical procedures are as listed:
Cataract Surgery
Cholecystostomy
Hernia Repair
Hysterectomy
Laminectomy
Mastectomy
Onychotomy
Prostatectomy
Cataract Surgery
Varicose Vein Ligation
Tonsillectomy & Adenoidectomy
Knee Surgery (Menisectomy)
Hemorrhoidectomy
Dilatation and Currettage
Repair of Deviated Septum (SMR)
Spinal Fusion
PART VIII: BASIC BENEFITS, Item A.6, P. 14, shall read:
6. Outpatient, Hospital Benefits: Benefits will be provided for
100% of the usual, customary and reasonable charge for services and
supplies in connection with:
-25-
a. Surgery requiring use of operating facilities, AND THE
PHYSICIAN'S CHARGES FOR THE SURGICAL PROCEDURE.
b. Treatment of an accidental injury within 72 hours of the
Accident, including necessary x-rays and laboratory tests, BUT
NOT THE PHYSICIAN'S CHARGES FOR PROFESSIONAL
SERVICES.
c. Usual, Customary and Reasonable Charges for required
medical testing done on an out -patient basis prior to admission
to a hospital.
PART VIII: BASIC BENEFITS, Item C.l.d.(5), p. 15, shall read:
d. Benefits
for surgical services are subject to these conditions
and limitations:
1.
The services will be performed by a licensed
physician.
2.
The service must be performed on or after the
Participant's or Family Member's Effective Date
of coverage under this Document. However, if the
=
Member is already hospitalized prior to the
Effective Date, benefits for surgical services will
not be provided until after the Member is
discharged from that hospital.
3.
If more than one surgical service is performed
during one operative session in the same operative
area, payment will be made only for the major
procedure.
4.
If more than one surgical service is performed
during the same operative session in different
operative areas, maximum payment is made for the
major procedure, plus one-half the allowance for
the minor procedure which provides the next
greatest allowance. However, the total benefit for
the Primary Surgeon under these circumstances
shall not exceed 24.62 Units.
5.
If an elective surgical service is performed without
a second opinion, no benefit will be paid under this
provision.
6'd:M
PART IX: MAJOR MEDICAL, Item A.4.a., p. 17, and Item A.4.c.; and Item A.4.d.;
and Item A.4.e., p. 18, shall read:
4. Stop Loss
a. Other than Mental Disorders: When expense incurred by the
Participant or Family Member for Covered Services and
Supplies, EXCEPT FOR MENTAL DISORDERS,
OUT -PATIENT PRE -HOSPITAL ADMISSION TESTING, AND
OUT -PATIENT SURGERY, exceeds the Deductible Amount,
benefits will be provided at 80% of Usual, Customary and
Reasonable Charges for those Covered Services and Supplies
which exceed the Deductible Amount until total paid Major
Medical benefits during the Calendar Year reach $1,600.
For the remainder of the Calendar Year, benefits will be
provided at 100% of Usual, Customary and Reasonable
Charges for Covered Services and Supplies.
b. Mental Disorders: For psychiatric care benefits will be
provided at 50% of Usual, Customary and Reasonable
Charges.
C. Out -Patient Pre -Hospital Admission Testing: For required
medial testing done on an out -patient basis prior to
admission to a hospital, benefits will be provided at 100% of
Usual, Customary and Reasonable Charges.
d. Out -Patient Surgery: For surgery requiring the use of
hospital surgical facilities, surgical centers or other surgical
facilities affiliated with an accredited hospital which
satisfies the definition of hospital under this Plan
Document, AND THE PHYSICIAN'S CHARGES FOR THE
SURGICAL PROCEDURE, benefits will be provided at 100%
of Usual, Customary and Reasonable Charges.
-27-
EXHIBIT C
TO: MEMBERS OF THE HUNTINGTON BEACH FIREMEN'S ASSOCIATION
RE: SECOND OPINION SURGICAL PROGRAM
Certain surgical procedures done on an elective basis shall be mandated to have a second
surgical opinion in order to qualify as being fully covered under the City of Huntington
Beach Employee Health Care Plan. The surgical procedures which would require a second
opinion if done on an elective basis, are listed below:
1. PROSTATECTOMY - excision of part of all of the prostate gland.
2. HYSTERECTOMY - removal of the uterus (womb).
3. ONYCHOTOMY - surgical removal of the nail of a toe or finger.
4. KNEE SURGERY (MENISECTOMY) - removal of meniscus cartilage of the
knee.
5. REPAIR OF DEVIATED SEPTUM (SMR) - sub -mucous resection - plastic
surgical procedure to straighten nose.
6. TONSILLECTOMY and ADENOIDECTOMY - surgical removal of tonsils
and/or adenoids.
7. LAMINECTOMY - surgery on spinal cord through the vertebral arch.
8. HEMORRHOIDECTOMY - surgical excision of hemorrhoids (piles).
9. DILATATION AND CURETTAGE - expansion of cervix and scraping of
uterine cavity.
10. MASTECTOMY - surgical removal of the breast.
11. CATARACT SURGERY - excision of diseased lens of the eye.
12. VARICOSE VEIN LIGATION - removal of varicose vein.
13. CHOLECYSTOSTOMY - cutting into and draining of the gallbladder through
abdominal wall.
14. HERNIA REPAIR - repair of an inguinal femoral or umbical hernia.
15. SPINAL FUSION - surgical fusion of two or more vertebrae.
-28-
The second opinion will be rendered by a physical who is:
1. A qualified Board Certified surgeon in the same speciality as the original
surgeon.
2. Of good standing in the Orange County Medical community.
3. A member of the Orange County Foundation for Medical Care.
The second opinion surgical panel members will also agree that the patient will be
referred back to the original physician, whether the second opinion surgeon agrees or
disagrees with the original physician's assessment.
The Foundation for Medical Care of Orange County has panel physicians in all major cities
of Orange County. The patient will be given a list of three second opinion panel
surgeons. They will be expected to select one of the panel physicians and be examined to
determine the medical necessity of the proposed procedure.
The second surgical opinion fee will be paid by the Employee Health Care Plan (average
range $75 to $150 with a written report).
05180
-29-
i
.7 ' . , Res. No. 5344
STATE 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 3rd day
of January , 19 84 , by the following vote:
AYES: Councilmen:
Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey, Mandic
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
LAW OrFICES
GOLDSTEIN & KENNEDY
ALLAN S. MORTON 1880 CENTURY PARK. EAST, SUITE 1018
OF COUNSEL
CENTURY CITY
LOS ANGELES, CALIFORNIA 90067
(213) 679-1401 ANC) 553-4746
December 18, 1985
Mr. Dar. Mann
c/o Huntinaton Beach Firemen's
Association
P. (—I, ii;lY nciz
Huntington Beach, CA 92648
Re: T,ast, Best and Final Offer Nude by the City of
Huntington Beach to the Huntington Beach
Firemen's Association.
Dear. Mr. Mann:
F"he following contract proposals .are pre=ert-ed To
the vu^tingtcn Beach Firemen's t'.ssoclation As tine jA%zz. 5t
and final offer of the City of Huntington Beach.
1, Tern of Agreement
M and —am o .;nderstand-r,g 'M"`U'
"he feria cf she ��e>,varar........ ;_.� ;
shall be from October 1, 1985 through September 30,
2. Salary increases
Effective October 5, 1985, the City shall provide
each er,:loyee covered by the MOU with a 5% base salary
increase and shall also provide each fire cortrollcr wit-h an
additional 0.5% base salary increase.
Effective October 4, 1986, the City shall provide
each employee covered by the MOU with a 5% base salary
inrroaea and shall also provide each fire controller with an
additional 0.5% base salary increase.
3. PERS Pickup by the City
Effective April 1, 1986, each employee covered by
the ',GU shall be reimbursed an amount equal to 8% of the
employee's part of his/her PERS contribution.
Effective April 1, 1987, each employee covered by
the MOU shall be reimbursed an amount equal to 9% of the
member's part of his/her PERS contribution.
Mr. Dan Mann
December 18, 1985
Page -2-
The above PERS pickup is not base salary but is
done pursuant to Section 414 (h) (2) of the Internal Revenue
Code. Those employees who are ineligible for the 9% reim-
bursement shall continue to be reimbursed an amount equal to
7% of their PERS contribution.
Each employee, eligible for service retirement, may
have his/her PERS pickup reported as compensation for all or
any part of the twelve (12) month period prior to his/her
service retirement date upon written request to the Finance
Director. Such modified reporting shall be limited to a
maximum period of twelve (12) months preceding retirement.
4. EMT Certification for Fire Controllers
Upon receiving EMT Certification, each fire con-
troller shall receive an additional $65.00 per month in
salary.
5. Fair Labor Standards Act
a. Compensation for each work period shall be
based upon actual hours worked during that
work period and hours worked shall not be
averaged over several work periods.
b. "Hours Worked" shall be defined as actual time
worked, approved vacation, compensatory time
off, bereavement leave, industrial injury or
illness leave, with the exception of exchange
of shift not being included. Sick leave shall
be excluded from the definition of "hours
worked."
C. All overtime worked by non-exempt employees
shall be compensated at time and one half the
employees' regular rate of pay and shall not
be compensated by compensatory time off.
6. Fire Prevention/Staff Hours
The current work schedule for Fire Prevention/Staff
shall be changed from 42 hours per week (average) to 40 hours
per week, with the same "net" productive hours of work.
Mr. Dan Mann
December 18, 1985
Page -3-
Specific language to implement this schedule shall be agreed
upon by the City and the Association.
7. LongTerm Disability Insurance
The City shall become the policyholder of Lonq Term
Disability Insurance for Association members and shall
provide the same benefits which Association members are
currently receiving.
8. Actuarial Study of PERS Medical Program
The City and the Association_ shall share in the
cost of an actuarial, study conducted by a private actuary
mutually agreed upon. The actuarial study shall determine
the long term costs of participation in the PEPS Medical
Program for employees and retirees.
The cost of the actuarial study to the Association
shall not exceed $2,000. The actuarial study shall be
completed July 1, 1.986.
Upon completion of the actuarial study, the City
and Association shall meet and confer on the results of the
actuarial study.
9. Medical Insurance
The following changes to the City's current Medical
Insurance policy shall be made:
a. increase maximum City contribution from $350
to $400 per month.
b. Hospital pre -admission notification shall be
required.
C. Increase deductibles to $125.00 for single
employee coverage and $375.00 for family
coverage from $100.00/$300.00.
d. 3-6-12 formula for pre-existing conditions.
e. Other minor changes which have been previously
proposed by the City and discussed.
Mr. Dan Mann
December 18, 1985
Page -4-
10. Educational Incentive Plan.
The current educational incentive plan (Article
12), shall be modified by omitting the unit program -(Section
"B") and implementing in its place a degree program with
additional monthly payments up to $120 for non -officers and
$150 for officers. Fire controllers shall be eligible to
participate in the Educational Incentive Plan. (See attached
"Educational Incentive Plan")
11. Administrative Appointments
The modified "I'" rating for administrative
appointed positions as set forth in the attached Article 17
and exhibit shall be implemented.
This offer is presented as the City of Huntington
Beach's last, best, and final offer. All other language of
the previous MOLT which has not been modified by this offer
shall become the language of the new MOII for the period
October 1, 1985 through September 30, 1987. Please have the
Firemen's Association members vote on the City's proposals.
Should the membership accept the final offer, we will proceed
to draft the Memorandum of Understanding and make all changes
necessary subject to your approval.
The Citv remains desirous to finally conclude
negotiations, enter into an agreement with the Firemen's
Association, and make retroactive payments as soon as
possible. Please inform the undersigned as soon as a
decision has been reached by the membership.
S pxely,
CHARLES H. GOLDSTEIN
CHG:dce
Enclosures
cc: Air. Robert Franz
Charles W. Thompson
Huntington
Beach
Firefighters
Association
- 1983
6001070
'REQUE,- i OR'CITY COUNCr%_ / -'TION
§ubmitted to:
Submitted by:
Prepared by:
Subject:
Date 12/1/82
CITY COUNCIL
CHARLES W. THOMPSM
._Donald J. Lewis, Assistant Director Personnel . O
Memorandum of Understanding between.the City of Huntington Beach
and'the Huntington Beach Firemen's Association.
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: O�Ci
Statement of Issue:
Recommendation:
Analysis:.
Funding Source:
'Ib adopt by Resolution the Memorandum of Understanding between the
City and the Huntington Beach Firemen's Association.
Adopt Resolution implementing subject MOU for tern of October 1, 1982
through September 30, 1983.
Memorandum of Understanding jointly agreed to by both parties and
covering the new contract term from October 1, 1982 through
September 301.1983.
Cost of Resolution:
Salaries-
Educ. & Cert.
General Fund
Alternative Action:
1982-83 FY (9 mos)
$271,000
5,000
276,000
Contract term (12 mos)
$ 361,000
6,000
367,000
Reject.Meimrandum of Understanding and reopen.meet and confer process.
P10 e/R1
r
RESOLUTION NO.
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
The Huntington Beach City Council does hereby resolve as follows:
The Memorandum of /agreement between the City of Huntington Beach and the
Huntington Beach .Firemen's Assocation effective October 1, 1982, 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 Huntington Beach City Council at a regular
meeting thereof held on the day of 11982.
ATTEST:
City Clerk
REVIEWED AND APPROVED:
City Administrator
:de
11/23/82
Mayor
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
Fire Chief
t' 02 Fitz IF
RESOLUTION NO. 5202
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
The Huntington Beach City Council does hereby resolve as follows:
The Memorandum of Agreement between the City of Huntington Beach and the
Huntington Beach Firemen's Assocation effective October 1, 1982, 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 Huntington Beach City Council at a regular
meeting thereof held on the 6th day of December , 1982.
Mayor
ATTEST: APPROVED AS TO FORM:
16
City Clerk
REVIEWED AND APPROVED:
j
City Administrator
:de
11/23/82
NOW./ A06600J -
APPROVED AS TO CONTENT:
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 period
October 1, 1982 to September 30, 1983,
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
October 1, 1982, 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
Reserve Firefighter
Firefighter
Supervising Fire Controller
Fire Engineer
Fire Paramedic
Fire Protection Specialist
Fire Captain
Deputy Fire Marshal
ARTICLE ?
SALARY SCHEDULES
A. Effective October 1, 1982, the base salary of each employee represented by
the Association shall be as set forth in the Salary Schedule attached hereto, as Exhibit "A".
B. Effective April 1, 1983 this agreement shall be reopened for the limited
purpose of negotiating the base salary of Supervising Fire Controllers and Fire
Controllers, if a comparison of the top step of the base salary of those classifications with
the top step of base salary paid to comparable employees in Orange County Fire
Departments reflects that the base salaries of Supervising Fire Controller and/or Fire
Controller stand in a lower position in the County than that occupied at the time of the
execution of this agreement. The current comparison survey reflecting that the salaries
of those classifications stand in third position in the County is attached hereto as Exhibit
A-1 and incorporated by reference.
C. Salary shall be paid on a biweekly basis. By mutual consent of CITY and
ASSOCIATION, early payment and other modifications can be made.
D. Paychecks shall be ready and available for distribution to each employee by
0700 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
PERS PICKUP
Each employee covered by this Agreement shall continue to be reimbursed an
amount equal to 7% of the employee's base salary as pickup of the employee's contribution
to the Public Employees Retirement System.
The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2)
of the Internal Revenue Code. The above pickup shall be credited to the employee's
account with PERS.
Should any ruling by either the PERS or other State or Federal agency nullify the
benefit authorized above, the City and the Association agree to reopen negotiation
regarding wages and salaries.
ARTICLE 4
HOURS OF WORK, OVERTIME, COMPENSATORY TIME AND STANDBY
A. Hours of Work and Paid Overtime
1. 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. For each shift actually worked, Fire Controllers shall
2.
receive as compensation for break periods worked, an additional sum equal to one half
hour's base salary, which sum shall be added to and become a part of the employee's base
salary and shall not be regarded as overtime hours worked for the computation of
overtime.
2. All shift employees shall work an average of 56 hours per week pursuant
to the current schedule of five 24-hour shifts in a 15-day period with six consecutive days
off.
3. Persons assigned to perform fire prevention and/or staff duties shall
work an average of 42 hours per week on a 10 hour day in accordance with their present
schedule or any other schedule or work week mutually agreed upon by the Fire Chief and
the employee.
4. Persons not subject to emergency duty shall work a 40 hour work week
of 8 hours per day 5 days per week.
5. Fire Controllers shall receive premium pay at one and one half (11/2)
times their normal rate for all work performed in excess of eighty (80) hours in any two
(2) week pay periods.
6. All sworn employees covered by this Agreement shall be eligible for
overtime pay of one and one-half times their hourly compensation for all work performed
in excess of the employees scheduled hours in any two (2) week pay period.
7. For Fire Controllers, in each pay period, work performed shall be
defined as actual time worked, approved vacation and/or compensatory paid leave and/or
up to four hours of paid sick leave and/or leave for industrial illness or injury. For all
other employees, work performed shall be defined as actual time worked and/or approved
vacation and/or compensatory paid leave. Employees will be paid straight time for all
work performed up to the scheduled hours in said pay period.
8. An employee who is required to attend a class or seminar to maintain
his/her current position shall have his/her related expenses paid by the City. If such
attendance occurs at a time when the employee is not scheduled to work, he/she shall
receive additional compensation of eight hours per day at straight time. Local Orange
County attendance shall only be compensated on an hourly basis.
9. Manning vacancies shall be filled rank for rank whenever possible. In
the event that a vacancy cannot be filled by voluntary overtime, persons qualified to fill
said vacancy may be utilized at the discretion of the Fire Chief to maintain adequate
manning levels.
In the event that a Fire Paramedic who is scheduled 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 a voluntary overtime basis, if
3.
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. Any employee who
voluntarily works overtime in a different classification shall be compensated at a rate of
pay consistent with the classification worked. Any employee who is ordered in to work a
lower classification, shall be compensated at the rate attendant to his regular
classification.
10. The CITY will maintain and adhere to the overtime system as set out in
"Huntington Beach Fire Department Organization Manual, Policy D-3," published as
revised concurrently with this Agreement, a copy of which is attached hereto and
incorporated herein as Exhibit "B". The overtime system and/or "Policy D-3" may be
modified by mutual agreement of the parties at any time during the term of this
Agreement.
11. An employee shall be considered to be working if he is called to duty by
order initiated by the Fire Chief or his designee.
12. 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 work performed
within the meaning of Article 4.
13. Meal periods are paid as hours worked for personnel who are subject to
call for emergency duty.
B. COMPENSATORY TIME. For all employees other than Fire Controllers and
shift employees, in lieu of compensation by cash payment for overtime as provided in
Article 4, Section A, such employees may, at their option, and with approval of the Fire
Chief, be compensated by compensatory time at a straight time rate on an hour for hour
basis.
In any pay period where a Fire Controller or shift employee is eligible to receive a
cash payment for overtime at time and one half (11/2) as provided in Section "A" of this
article, such employee may elect to receive compensatory time at straight time in lieu of
a cash payment at time and one half (1 1/2). Compensatory time may be accumulated to a
maximum of 120 hours. Compensatory time may be taken on an hour for hour basis only
with the permission of the Fire Chief with due consideration for the request of the
W
employee and particular regard for the need of the Department. Upon his/her request,
any employee may elect to convert all or a portion of compensatory time to a cash
payment at time and one half. Any such payment shall be made on the next regular
payday following the request, provided the request is made by the end of the previous
payroll period.
At the time of any change in the Salary Schedule, any accumulated time which has
not been used or paid off, shall be paid in cash at the rate of time and one half (11/2)
based upon the salary schedule in effect prior to the change.
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, less than 72 hours in advance of the commencement of the
scheduled overtime shift, 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 include approved vacation and compensatory time 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. 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
5.
those persons previously assigned thereto may be utilized to fill any such vacancy prior to
the use of off duty personnel on an overtime basis.
ARTICLE 5
INSURANCE
A. The CITY shall continue to provide group medical benefits to employees with
coverage and other benefits equal to the Blue Cross Group Medical Plan Number 40100A,
a copy of which is attached hereto and incorporated herein as Exhibit "C."
. B. The CITY shall provide for dependent health benefits 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 benefits 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 7;
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 7, 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 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
W
default has not been cured within thirty (30) days following receipt of such notice. Any
retired employee electing to obtain such medical coverage after retirement shall have 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 a Life Insurance Plan for the employees covered by
this Agreement. Said plan shall be equal to that provided by Standard Insurance Company
Policy 332175-A, Optional Insurance, Section 1B, Plan A, a copy of which is attached
hereto and incorporated herein as Exhibit E-1.
E. Effective October 1, 19B2 the City shall pay to the Association on behalf of
each affected employee, on a monthly basis, an amount equal to the present premium for
the long term disability policy #297549-B presently maintained by the California State
Firemen's Association through the Standard life of Oregon Insurance Company, a copy of
which is attached hereto and incorporated herein as Exhibit E-2.
The City's sole obligation under this paragraph shall be to make payments to the
Association in accordance with the above schedule.
F. The City shall continue to provide each employee with coverage under the
current Accidental Death and Dismemberment Insurance plan in effect for the CITY with
a benefit of $50,000 as described in Bankers Life Policy #SR50,935-50 attached hereto
and incorporated herein as Exhibit E-3.
G. Except as provided in Section "E" of this Article, nothing in this Article shall
be deemed to restrict the CITY's right to change insurance carriers should circumstances
warrant.
H. Nothing in this Article shall be deemed to obligate the CITY to improve the
benefits outlined in this Article.
ARTICLE 6
DENTAL PLAN
The CITY shall provide for each employee and his/her dependents the dental
and/or orthodonture insurance program contained in PMI Policy #CXP 203, attached
hereto and incorported herein as Exhibit E-4.
7.
ARTICLE 7
SICK LEAVE
A. Upon termination, employees shall be paid (or have paid on their behalf as
provided in Article 5) 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.
B. Twenty four (24) hour shift employees shall be entitled to charge up to 3
shifts per year of sick leave for family sick leave as presently defined in the City
Personnel Rules where the attendence of the employee is required. The Fire Chief may
authorize an employee to charge additional sick leave for family sick leave in the event of
serious illness of an employee's dependent(s) where warranted by the circumstances.
ARTICLE 8
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. The following are recognized legal holidays:
1. New Year's Day (January 1)
2. Washington's Birthday (third Monday in February)
3. Memorial Day (last Monday in May)
4. Independence Day (July 4)
5. Labor Day (first Monday in September)
6. Veterans' Day (November 11)
7. Thanksgiving Day (fourth Thursday in November)
8. Friday after Thanksgiving
9. Christmas Day (December 25)
B. In the event that a holiday, other than the holidays set forth in Article 8,
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 8, Section A, shall not be entitled to time
off or overtime.
a
E. Any employee who does not work shift work may elect to take time off in
lieu of holiday pay as set forth above. In addition, such employee shall receive the
equivalent of two (2) holidays (16 hours) as annual vacation accrued over twenty-six pay
periods.
ARTICLE 9
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.
B. VACATION ALLOWANCE. Permanent, full time employees shall accrue
annual vacations at the 40 hour week accrual rate with pay as follows:
1. For the first five (5) years of continuous service, vacation time shall be
accrued at the rate of one hundred and nine (109) 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 125 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 141 hours
per year.
4. After fifteen (15) years of continuous service, vacation time shall be
accrued at the rate of 173 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 fifty-six (56) hours of earned
vacation benefits, provided that no more than fifty-six (56) 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 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 S, Sections A and B, falls within a vacation period of an
a
employee, not receiving holiday pay in accordance with Article 8, Section E, said day or
days shall not be charged against the vacation allowance as defined in this Article, 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 9-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. These slots shall be made
available by rank, one to Firemen, one to Engineers, one to Paramedics and one to
Captains. Thereafter each additional employee shall be entitled to receive time off for
requested vacation leave so long as a qualified replacement is available to serve in his
absence.
ARTICLE 10
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,
grand children, 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.
10.
ARTICLE 11
COURT SERVICE
Employees who are subpoenaed to attend court to serve as witnesses in connection
with matters arising out of the course and scope of employment, 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 12
EDUCATION INCENTIVE PLAN
A. Except as provided below, effective October 1,1982, employees shall be
compensated by the City for education incentive as follows:
1. Any employee, except Fire Controllers, who has completed 3 years of
service with the Huntington Beach Fire Department and has attained an Associate of Arts
Degree in Fire Science or an equivalent course of study as determined by the education
committee and the Fire Chief shall receive an additional monthly payment of $80.00.
2. Any employee in the classification titles of Fire Captain and Deputy
Fire Marshal who has completed six (6) years of service with the Huntington Beach Fire
Department and who has attained a Bachelors Degree in Fire Administration or Public
Administration (or an equivalent course of study as determined by the education
committee and the Fire Chief) shall receive an additional monthly payment of $130.00.
B. Notwithstanding the foregoing, any employee currently receiving educational
incentive benefits in accordance with the schedule set forth below shall continue to
receive the monthly payments entitled there under in lieu of any payment available under
Section A of this Article if the current payment exceeds the payment to which the
employee would be entitled under Section "A" if any.
11.
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 or
Firefighter III
Certification
II
60 Units or
2
$ 70
3
Fire Officer
Certification
III
90 Units (or
3
$ 90
3
AA Fire Science)
or Chief Fire
Officer
Certification
IV
120 Units or
5
$ 110
3
Chief Fire Officer
Certification
V
BA or BS
6
$ 120
0
Degree or Chief
Fire Officer
Certification
C. 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 the third shall be the Personnel Coordinator.
3. Certification to an education incentive level and to the additional
monthly compensation therefor shall commence on the first day of the payroll period the
month after approval by the Fire Chief and the Education Committee.
12.
4. 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.
5. 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.
6. 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.
7. "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.
8. 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.
13.
9. Maintenance courses shall be related to job or general education
requirements for degree objective as approved by educational institution for degree
program.
D. 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.
E. All employees not eligible for an Educational Incentive Benefit under one of
the above plans shall be entitled to receive full reimbursement for books and tuition
expended in connection with approved courses as defined in paragraph C of this Article.
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 C of this Article.
ARTICLE 13
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 (Z) continuance option (G.C. 21263, 21263.1, 21264) 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, (highest single year).
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 shall survive the term of this Agreement.
14.
E. During the term of this agreement, the parties shall study the feasibility of
alternative retirement programs. Nothing contained herein shall entitle the City to make
any unilateral change in the retirement program for current or future employees.
ARTICLE 14
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 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, 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 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." This exchange shall not be
considered when computing work performed as defined in Article 4.
ARTICLE 17
ADMINISTRATIVE APPOINTMENT
An employee administratively appointed to the position of Deputy Fire Marshal or
Fire Protection Specialist who has satisfactorily completed eighteen consecutive months
of service in such positions and subsequently is involuntarily reassigned to a classification
with a lower rate of pay shall continue to receive the rate of pay last achieved in the
higher classification until the rate of pay for his reassigned classification equals or
exceeds that of his former classification.
15.
This Section shall not apply to voluntary transfers, disciplinary demotions or
layoffs.
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, 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 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.
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 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.
16.
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. He 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 4, 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 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
17.
event any examination is 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 unless the "Assessment Center" method is
used. 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
three (3) working days of the date of the event that is the subject of the protest. 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.
F. The Fire Chief may alter the duration of any promotional list for any
authorized position as authorized in the present Fire Department Policy Manual.
ARTICLE 21
SAFETY CLOTHING AND UNIFORMS
The present uniform and clothing policies as delineated in this Article, 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. Six (6) 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, or equivalent, 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 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.
19.
H. 1. CITY shall provide each employee who participates in the Fire
Department's physical fitness program one hundred dollars ($100) per fiscal year for the
purchase of physical fitness uniforms (including white T-shirts) and physical fitness shoes,
payable in the first payroll of December provided that the white T-shirts referred to
herein may be required to be worn as part of the daily work uniform.
2. Each employee who meets the fitness guidelines provided in Policy D-9
of the Huntington Beach Fire Organization Manual, a copy of which is attached hereto and
incorporated by reference as Exhibit H, mutually agreed upon by the parties, shall receive
at that time an additional $10 or equivalent compensation per fiscal year.
3. Reserve Firefighters who complete one full year of satisfactory service
with the Huntington Beach Fire Department shall be reimbursed for actual expense
incurred for required uniform shoes in an amount not to exceed the cost of equivalent
shoes provided by the Department and shall also be reimbursed for one half (1/2) of the
cost of any medical examination required by the Fire Department as a condition of
becoming a Reserve Firefighter. The medical examination must have been conducted no
earlier than sixty (60) days prior to appointment as a Reserve Firefighter.
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:
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.
20.
ARTICLE 22
TIME OFF - ASSOCIATION BUSINESS
During the term of this agreement, authorized representatives of the Association
shall be entitled to receive up to a total of 375 collective hours without any loss of
compensation per contract year to be utilized for lawful Association activities.
ARTICLE 23
CERTIFICATION IN CLASS
A. Any employee, in a position that did not require certification as a condition
of employment and who at any time has been or becomes certified by the State Board of
Fire Services in a classification then occupied shall be entitled, upon request, to a cash
payment of $250. Each employee may only receive one such payment irrespective of the
number of times he is certified in any position.
B. Effective October 1,1982, each time a Fire Paramedic working in that
classification is recertified as a Paramedic, he/she shall be entitled to a cash payment of
$200.
ARTICLE 24
FOREIGN LANGUAGE DIFFERENTIAL
Up to seven employees who have demonstrated their ability to converse in Spanish
or Vietnamese shall receive a monthly cash payment of $50. The manner of
demonstrating proficiency and the selection of which eligible employees receive the cash
payment (if more than seven employees are eligible) shall be determined in a manner to be
agreed upon between the Fire Chief and the Association; providing that if the parties are
unable to agree, then the determination shall be made by the -Education Committee
described in Article 12, C, 2.
ARTICLE 25
QUARTERS
CITY shall continue to provide necessary kitchen, living and sleeping quarters in
the several fire stations and shall continue to provide facilities for Association meetings.
ARTICLE 26
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.
21.
M
ARTICLE 27
LAYOFFS
The procedure and practice regarding layoffs in effect on July 1, 1980 shall remain
in full force and effect during the entire term of this Agreement.
ARTICLE 28
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 29
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 30
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 31
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
22.
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 32
TERM OF MEMORANDUM OF AGREEMENT
This Memorandum of Agreement shall be in effect commencing on October 1, 1982,
and ending at midnight on September 30, 1983. 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.
ARTICLE 33
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:
CITY OF TINGT B C FIREMEN'S ASSOCIATION
By By
ity Administrator
By
City Negotiator
APPROVED AS TO FORM:
_1 , I F24A
Cify- Attorney
so
By
By
•
a
JOB NO.
4434
6432
4432
2460
3430
4428
4430
1480
1430
EXHIBIT "A"
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE
EFFECTIVE OCTOBER 1, 1982
TITLE
Fire Reserve
Fire Controller
Firefighter
Supvg. Fire Controller
Fire Engineer
Fire Paramedic
Fire Protection Specialist
Fire Captain
Deputy Fire Marshal
RNG
A
B
C
D
E
NE
3.35 per
hr
NE
283
1546
1631
1721
1817
1917
NE
306
1742
1837
1938
2044
2156
EX
347
2134
2252
2375
2505
2642
NE
331
1971
2080
2194
2316
2442
NE
341
2070
2184
2304
2430
2564
NE
341
2070
2184
2304
2430
2564
EX
365
2335
2463
2598
2740
2891
EX
375
2454
2590
2732
2883
3040
2828B/042A
Res. No. 5202
STATE 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 6th day
of December 19 82 , by the following vote:
AYES: Councilmen:
Thomas, MacAllister, Mandic, Finley, Bailey, Kelly
NOES: Councilmen:
None
ABSENT: Councilmen:
Pattinson
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
9. Maintenance courses shall be related to
job or general education
J
requirements for degree objective as approved by educational institution for degree
program.
D. 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.
E. All employees not eligible for an Educational, Incentive Benefit under one of
the above plans shall be entitled to receive full reimbursement for books and tuition
expended in connection with approved courses as defined in paragraph C of this Article.
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 C of this Article.
ARTICLE 13
RETIREMENT
A. The CITY shall provide all safety employees with that certain retirement
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
(PERS), Sections 20952.5 and 21252.01 of the California Government Code, including the
one-half (1) continuance option (G.C. 21263, 21263.1, 21264) 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, (highest single year).
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 shall survive the term of this Agreement.
14.
H. 1. CITY shall provide each employee who participates in the Fire
Department's physical fitness program one hundred dollars ($100) per fiscal year for the
purchase. of physical fitness uniforms (including white T-shirts) and physical fitness shoes,
payable in the first payroll of . December provided that the white T-shirts referred to
herein may be required to be worn as part of the daily work uniform.
2. Each employee who meets the fitness guidelines provided in Policy D-9
of the Huntington Beach Fire Organization Manual, a copy of which is attached hereto and
incorporated by reference as Exhibit H, mutually agreed upon by the parties, shall receive
at that time an additional $10 or equivalent compensation per fiscal year.
3. Reserve Firefighters who complete one full year of satisfactory service
with the Huntington Beach .Fire Department shall be reimbursed for actual expense
incurred for required uniform shoes in an amount not to exceed the cost of equivalent
shoes provided by the Department and shall also be reimbursed for one half (1/2) of the
cost of any medical examination required by the Fire Department as a condition of
becoming a Reserve Firefighter. The medical examination must have been conducted no
earlier than sixty (60) days prior to appointment as a Reserve Firefighter.
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:
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.
�.1
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 32
TERM OF MEMORANDUM OF AGREEMENT
This Memorandum of Agreement shall be in effect commencing on October 1, 1982,
and ending at midnight on September 30, 1983. 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.
ARTICLE 33
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:
CITY OF NTINGT0" BE/�CH
City Administrator
By
Fire Chief
City Negotiator
APPROVED AS TO FORM:
By —
City Attorney�C�
FIREMEN'S ASSOCIATION
By >46-(J
is
By
i
EXF)IBIT "A"
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE
EFFECTIVE. OCTOBER 1, 1982
JOB NO.
TITLE
RNG
A
B
C
D
E
4434
Fire Reserve
NE
262
3.35 'per
hr
6432
Fire Controller
NE
283
1546
1631
1721
1817
1917
4432
Firefighter
NE
306
1742
1837
1938
2044
2156
2460
Supvg. Fire Controller
EX
347
2134
2252
2375 .
2505
2642
3430,
Fire, Engineer
NE
331
1971
2080
2194
2316
2442
4428.
Fire Paramedic
NE
341
2070
2184
2304
2430
2564
4430
Fire Protection Specialist
NE
341
2070
2184
2304
2430
2564
1480
Fire Captain.
t7X
365
2335
2463
2598
2740
2891
1430
Deputy Fire Marshal
EX
375
2454
2590
2732
2883
3040
2828B/042A
Huntington
Beach
Firefighters
Association
1981
— 1982
600070
RESOLUTION NO. 5046
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
the _Hunt ington Beach City Council does hereby resolve as follows:
The Memorandum of Agreement between the City of Huntington Beach and the
Huntington Beach Firemen's Assocat ion effective. October 10, 1981., a copy of -which is
attached ' hereto and by reference made a part hereof, is hereby adopted and ordered
implemented in accorddnce'with the terms and conditions thereof.
PASSED AND ADOPTED by the Huntington Beach City Council at a regular adjourned
meeting thereof held on the 26th day of October , 1981.
Ik-
J cGG
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk
.REVIEWED AND APPROVED:
ity Administrator
RCS/de
10/15/81
City Attorney 1�eo.. .
APPROVED AS TO CONTENT:
ire Chief
j A14
�1!jr!G�
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, 1981-1982; 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
October 10, 1981, and. it is agreed as follows:
ARTICLE 1
REPRESENTATIONAL UNIT
It is recognized that the Huntington Beach Firemen's' Association is .the employee
organisation 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
Fite Apprentice
Firefighter.
Supervising Fire Controller
Fire Engineer.
Fire Paramedic
Fire Protection Specialist
Fife Captain.
Deputy Fire Marshal
ARTICLE 2
SALARY -SCHEDULES
A. Effective October 10, 1981, the base salary of each employee represented by
the Association shall be as set forth in the Salary Schedule attached hereto, as Exhibit "A".
B. Salary 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
PERS PICKUP.
A. Each employee covered by this Agreement shall continue to be reimbursed an
amount equal to 7% of the employee's.base salary. as pickup of the employee's contribution
to the Public Employees Retirement System.
The above PERS pickup is.not base salary but is done pursuant to Section 414(h)(2) of
the Internal -Revenue Code. The above pickup shall be credited to the employee's account
With PERS.
Should any ruling .by either the PERS or other State or Federal • agency nullify the
benefit authorized above, the City and the Association agree to reopen 'negotiation
regarding wages and salaries.
ARTICLE 4
HOURS OF WORK, OVERTIME, COMPENSATORY TIME AND STANDBY
A. Hours of Work and Paid Overtime
1. 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
(11) times their normal .rate for all work performed in excess of eighty (80) hours in any
two (2) week pay period.
2. All shift employees shall work an average of 56' hours per week pursuant
to the current schedule of five 24-h6ur shifts in a 15-day period with six consecutive days
off.
2.
3. Persons assigned to perform fire, prevention and/or staff duties shall work
an average of 42 hours per week on a 10 hour day in accordance with their present
schedule or any other schedule or work week mutually agreed upon by the Fire Chief and
the employee.
4. Persons not subject to emergency duty shall work a 40 hour work week of
8 hours per day 5 days per week.
5. All sworn employees covered by this Agreement , shall be eligible for
overtime pay of one and one-half times their hourly compensation for all work performed
in excess of the employees scheduled hours in any two (2) week pay period.
6. Work .performed shall constitute actual 'time� worked and/or _approved
vacation and/or compensatory paid leave.. Employees will be paid straight time for all
work performed up to the scheduled hours in said pay period. No other time off shall be
construed as work performed for purposes of this Article.
7. Manning vacancies shall be filled rank for 'rank whenever. possible. In the
event that.a vacancy cannot be filled by voluntary overtime, persons qualified to. fill said
vacancy may be utilized at the discretion of the Fire Chief to maintain adequate manning
Levels. .
In the event . that a 'Fire Paramedic. who is scheduled to , work on a
paramedic unit in orderto satisfy'. minimum manning obligations is. absent, 'such vacancy
must be filled by an off duty Fire Paramedic working on a voluntary 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. Any employee who
voluntarily works overtime in a different classification shall,be compensated at a rate of
pay consistent with the classification worked. Any employee who is ordered in to work a
lower , classification, shall be compensated at the . rate . attendant ao his regular
classification.
6. The CITY will maintain and adhere to the overtime system as set out in
"Huntington Beach Fire -Department Organization Manual, Policy D-3,! published as
revised concurrently with:. this Agreement, a ,copy of which is attached hereto and
incorporated herein as Exhibit '!B": The overtime system -and/or "Policy D-'3" may be
modified by 'mutual agreement of the parties at any time during the term of this
Agreement.
9. An employee .shall be considered to be working if he is called to duty by
order initiated by the Fire Chief or his designee.
3.
10. 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 work performed
within the meaning of Article 4.
11. Meal periods are paid as hours worked for personnel who are, subject to
call for emergency duty.
B. COMPENSATORY TIME. In lieu of compensation by cash payment for overtime
as provided, in Article 4, Section A, employees may, at their option, and with I 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 I 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 anycompensatory 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, less than.. 72 hours in advance of the commencement of the
scheduled overtime shift, 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 eispsed, 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 p"ay for actual hours worked, whichever is greater.
Actual hours worked shall include approved vacation and compensatory tune 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.
4.
F. REPLACEMENT CALLBACK. 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
those persons previously assigned thereto may be utilized to fill any such vacancy prior to
the use of off duty personnel on an overtime basis.
ARTICLE 5
INSURANCE
A. Except as provided below, the CITY shall continue to. provide group, medical
benefits to employees with coverage .and other benefits equal to the Blue Cross Group
Medical Plan ' Number 40100A in effect as of November 1, 1079, a copy of which is
attached hereto and incorporated herein as Exhibit "C." Effective November .1, 1981 said
henefits shall be amended in the following respects:
1. The lifetime maximum benefit payment shall be increased from $300,000
to $1,000,000.
2. The "in., hospital" coverage for mental and nervous condition shall be
reduced from 100% to 50%.
3. The 'but patient" coverge for mental and nervous condition of $10 per
visit shall be eliminated.
4. The California Psychological Health Plan as contained in Exhibit 11011 shall
be implemented.
5. The current RVS schedule shall be replaced by the 1974 RVS schedule.
Effective January 1,1982 the preventative dental benefit plan shall be deleted from the
Family Health,Program.
B. The CITY shall provide for dependent health. benefits 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
by entitled to cause himself and his dependents to participate fully in, the group medical
benefits program maintained by the CITY with respect to employees represented by the
5.
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 7;
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 7, 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 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 tonotify 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' riot been cured within thirty (30) days following receipt of such notice. Any
retired employee electing to obtain such medical 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 a Life Insurance Plan for the employees covered by this
6.
Agreement. Said plan shall be equal to that provided by Standard Insurance Company
Policy 332175-A, Optional Insurance, Section 1B, Plan A, a copy of which is attached
hereto and incorporated herein as Exhibit E-1.
E. Effective November 1, 1981 the City shall pay to the Association on behalf of
each affected employee, on 'a monthly basis, an amount equal to the present premium for
the long term disability policy #297549-B presently maintained by the California State
Firemen's Association through the Standard life of Oregon Insurance Company, a copy of
which is attached hereto and incorporated herein as Exhibit E-2.
The City's sole obligation under this paragraph shall be to make payments to the
Association with the above schedule.
F. Effective November 1, 1981, .the City shall provide each employee with
coverage under the current Accidental Death and Dismemberment Insurance plan in
effect for the CITY with a benefit of $50,000 as described in Bankers Life Policy
#SR50,935-50 attached hereto and incorporated herein as Exhibit E-3.
G. -Nothing in this Article shall be deemed to restrict the CITY's right to change
insurance carriers should circumstances warrant.
H. Nothing in this Article shall be deemed to obligate the CITY to improve the
benefits outlined in this Article.
ARTICLE 6
DENTAL PLAN
The CITY shall provide for each employee and his/her dependents the dental
and/or orthodonture insurance program contained in PMI 'Policy #CXP 203, attached
hereto and incorported herein as Exhibit E74.
ARTICLE 7
SICK LEAVE
A.. Upon termination, employees shall be paid (or have paid on their behalf as
provided in Article 5) 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.
B. Effective October 10,1981, 24 hour shift employees shall be entitled to charge
up to 3 shifts per year of sick leave for family sick leave as presently defined in the City
Personnel Rules where the attendence of the employee is required.
7.
ARTICLE 8
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. The following are recognized legal holidays:
(1) New Year's Day (January 1)
(2) Washington's Birthday (third Monday in February)
(3) Memorial Day (last Monday in May)
(4) Independence Day (July 4)
(5) Labor Day (first Monday in September)
(6) Veterans' Day (November 11)
(7) Thanksgiving Day (fourth Thursday in November)
(8) Friday after Thanksgiving
(9) Christmas Day (December 25)
B. In the event that a holiday, other than the holidays set forth in Article 8,
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 8, Section A, shall not be entitled to time
off or overtime.
E. Any employee who does not work shift work may elect to take time off in
lieu of holiday pay as set forth above. In addition, such employee shall receive the
equivalent of two (2) holidays (16 hours) as annual vacation accrued over twenty-six pay
periods.
ARTICLE 9
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.
0
B. VACATION ALLOWANCE. Permanent, full time employees shall accrue
annual vacations at the 40 hour week accrual rate 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 fifty-six (56) 'hours of earned
vacation benefits, provided that no more than fifty-six (56) total hours if 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 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 8, Sections A and B, falls within a vacation period of an
employee; not receiving holiday pay in accordance with Article 8, Section E, said day or
days shall not be charged against the vacation allowance as defined in this Article, 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.
9.
G. VACATION PAY UPON TERMINATION. Except as provided in Article 9-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. These slots shall be made
available by rank, one to Firemen, one to Engineers, one to Paramedics and one to
Captains. Thereafter each additional employee shall be entitled to receive time off for
requested vacation leave so long as a qualified replacement is available to serve in his
absence.
ARTICLE 10
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, step grandfather,
stepg rand mother,, 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 11
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 12
EDUCATION INCENTIVE PLAN
A. Except as provided below in Article 12-D, employees shall be comp"ehsated by
CITY for an education incentive as follows:
10.
Education
Incentive Completed
Level Units
I Cert. in Fire
Science or
30 Units or
Firefighter III
Certification
lI 60 Units or
Fire Officer
Certification
-III 90 Units (or
AA Fire Science)
or Chief Fire
Officer
Certification
IV 120 Units or
Chief Fire Officer
Certification
V BA or BS
Degree or Chief
Fire Officer
Certification
HBFD
Continuing
Year of
Monthly
Education
Tenure
Amount
Maintenance Units
1
50
6
2 $ 70 3
3 $ 90 3
5 $ 110 3
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 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 an the first day of the month after
approval by the Fire Chief and the Education Committee.
11.
(4) Special courses, seminars and programs which have been approved it)
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.
(5) 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.
(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:
12.
(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 (1/3) 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; provided, however; that each such employee ,shall be entitled to receive full
reirbursement for books and tuition expended in connection with approved courses as
defined in paragraph B of this Article. 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..
ARTICLE 13
RETIREMENT
A. The CITY shall provide all safety employees with that certain retirement
prograin 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
13.
(PERS), Sections 20952.5 and 21252.01 of the California Government Code, including the
one-half () continuance option (G.C. 21263, 21263.1, 21264) 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, (highest single year).
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 shall survive the term of this Agreement.
ARTICLE 14
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 hiin
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 15
EARLY RELIEF
An employeemay 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, the employee's
supervisor inay revoke the early relief. It is understood and -agreed that the early relief
provided by the terms of this Article 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"
14.
attached hereto and incorporated herein as Exhibit "F." This exchange shall not be
considered when computing work performed as defined in Article 4.
ARTICLE 17
ADMINISTRATIVE APPOINTMENT
An employee administratively appointed to the position of Deputy Fire Marshal or
Fire Protection Specialist who has satisfactorily completed eighteen consecutive months
of service in such positions and subsequently is involuntarily reassigned to a classification
with a lower rate of pay shall continue to receive the rate of pay last achieved in the
higher classification until the rate of pay for his reassigned classification equals or
exceeds that of his former classification.
This Section shall not apply to voluntary transfers, disciplinary demotions or
layoffs.
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, 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 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.
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.
15.
6. There shall be at least two (2) qualified Fire Controllers on duty at all
t i rues.
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. He 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 4, 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 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.
16.
ARTICLE 19
ASSIGNED SHIFT POLICY
Employees of equal rank shall have the option to exchange assigned shifts an a
rnan-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 is 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 unless the "Assessment Center" method is
used. 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
three (3) working days of the date of the event that is the subject of the protest. 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
17.
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.
F. The Fire Chief may alter the duration of any promotional list for any
authorized position as authorized in the present Fire Department Policy Manual.
ARTICLE 21
SAFETY CLOTHING AND UNIFORMS
The present uniform and clothing policies as delineated in this Article, 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. Six (6) 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, or equivalent, Stock shirt and Stock trousers;
2. ' One (1) pair of safety shoes, Chippewa or equivalent; provided,
however, that non -swam 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
18.
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 of December provided that the white T-shirts referred to herein may be required
to be worn as part of the daily work uniform. Each employee who meets the fitness
standards established by the State Board of Fire Service or equivalent standards provided
in Policy D-9 of the Huntington Beach Fire Organization Manual, a copy of which is
attached hereto and incorporated by reference as Exhibit H, mutually agreed upon by the
parties, shall receive at that time an additional $50 per fiscal year.
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:
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.
19.
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
irnmediately 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, 1980 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
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
W
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 commencing on
October 10,1981, and ending at midnight on September 30,1982. 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.
21.
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: October 26,1981
CITY OF WING TON BEACH
APPROVED'fC -,
.Jti
. Nich as Counter III
abor elations Counsel
City Administrator
13 61 J/ P
(�� ham/
Fire Chief
FIREMEN'S ASStCIATION
/I -
By
By
By-------- --
APPROVED AS TO FORM:
City Attorney
�lf
22.
EXHIBtf A
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SL)JEDULE
EFFECTIVE OCTOBER 10, 1981
XB NO.
TITLE
RNG
A
B
C
D
E
4434
Fire Apprentice
NE
221
1309
1380
1456
6432
Fire Controller
NE
273
1477
1558
1643
1733
1829
4432
Firefighter
NE
292
1624
1714
1808
1907
2011
2460
Supvg. Fire Controller
EX
337
2030
2141
2259
2383
2515
3430
Fire Engineer.
NE
317
1836
1936
2042
2155
2272
3432
Fire Engineer Relief
NE
302
1707
1801
1900
2004
2115
4428
Fire Paramedic
NE
327
1933
2038
2151
2269
2394 `
4430
Fire Protection Specialist
_NE
327
1933
2038
2151
2269
2394
1480
Fire Captain
•F-X
351
2177
2297
2423
2557
2697
1482
Fire Captain Relief
EX
327
1933
2038
2151
2269
2394
1430
Deputy Fire Marshal
EX
361
2288
2415
2548
268&.
2836
Fire Controller: Pay levels based on 40 hour weeks, e.g., "E" step hourly rate is
$10.55. Overtime at time and one half payable for hours in excess
of 80 in a two -week pay period.
7409E/6Uld
No. 5046
STATE OF CALIFORNIA )
(AUNTY 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 adjourned meeting thereof held on the 26th day
of October , 19 81 , by the following vote:
AYES: Councilmen:
MacAllister, Pattinson, Finley, Baileys Mandic, Kelly
NOES: Councilmen:
{ Thomas
ABSENT: Councilmen:
City Clerk and ex-officio Clerk
of the City Council of the City
of'Huntington Beach, California
Huntington
Beach
Firefighters
Association
1980
— 1981
6001070
0
V
RESOLUTION NO. 4910
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
The Huntington Beach City Council does hereby resolve as follows:
The Memorandum of Agreement between the City of Huntington Beach and the
Huntington Beach Firemen's Assocation effective July I, 1980, 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 Huntington Beach City Council at a regular
meeting thereof held on theday of 1980.
ff
ATTEST: APPROVED AS TO FORM:
REVIEWED AND APPROVED:
i Administrator
(J�a /4'0
INITIATED AND APPROVED:
",— A --
Director of Personn and
Labor Relations
RCS/de
8/1/80
4
s No. 4910
STATE OF CALIFORNIA )
COUNTY OF ORANGE
K 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 4th day
of August 19 80 , by the following vote:
AYES: Councilmen:
Pattinson, Thomas, Finley, Bailey, Mandic, Kelly
NOES: Councilmen:
None
ABSENT: Councilmen:
MacAllister
az��u , �- `C'
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
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, 1980-1981; 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 I, 1980, 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
ARTICLE 2
SALARY SCHEDULES
A. Effective July 5, 1980, the base salary of each employee represented by the
Association shall be as set forth in the Salary Schedule attached hereto, as Exhibit "A".
B. Effective January 3, 1981, the base salary of each employee represented by
the Association shall be as set forth in the Salary attached as Exhibit "A".
C. Salary shall be paid on a biweekly basis. By mutual consent of CITY and
ASSOCIATION, early payment and other modifications can be made.
D. 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
PERS PICKUP
A. Effective July 5, 1980, each employee covered by this Agreement shall be
reimbursed on amount equal to 5% of the employee's base salary as pickup of the
employee's contribution to the Public Employees Retirement System.
B. Effective January 3, 1981, each employee covered by this Agreement shall be
reimbursed 7% of the employee's base salary as pickup of the employee's contribution to
the Public Employees Retirement System.
The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of
the Internal Revenue Code.
For retirement purposes, the above pickup shall be considered as compensation and
the appropriate PERS deductions shall be made from the above pickup in name of the
individual employee. The above pickup shall be credited to the employee's account with
PERS.
Should any ruling by either the PERS or other State or Federal agency nullify the
benefit authorized above, the City and the Association agree to reopen negotiation
regarding wages and salaries.
ARTICLE 4
HOURS OF WORK, OVERTIME, COMPENSATORY TIME AND STANDBY
A. Hours of Work and Paid Overtime
I. All Fire Controllers shall continue to work the ten (10) and- fourteen (14)
2.
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
( 19z) times their normal rate for all work performed in excess of said scheduled hours in
any two (2) week pay period.
2. Until January 3, 1981, work schedules and entitlement to overtime pay
for all sworn firefighting personnel covered by this agreement shall be governed by the
provisions of the previous agreement between the parties (adopted by Resolution #4775).
3. Effective January 3, 1981, all shift employees shall work an average of
56 hours per week pursuant to a schedule of five 24-hour shifts in a 15-day period with
six consecutive days off. Such schedule shall match in sequence the schedule currently in
effect in the City of Westminster. A future change in the Westminster schedule shall not
be cause for a change in this agreed to schedule.
4. Persons assigned to perform fire prevention and/or staff duties shall
work an average of 42 hours per week on a 10 hour day in accordance with their present
schedule.
5. Persons not subject to emergency duty shall work a 40 hour work week of
8 hours per day 5 days per week.
6. Effective January 3, 1981, all sworn employees covered by this
Agreement shall be eligible for overtime pay of one and one-half times their hourly
compensation for all work performed in excess of the employees scheduled hours in any
two (2) week pay period.
7. Effective January 3, 1981, work performed shall constitute actual time
worked and/or approved vacation and/or compensatory paid leave. Employees will be
paid straight time for all work performed up to the scheduled hours in said pay period.
No other time off shall be construed as work performed for purposes of this Article.
8. Manning vacancies shall be filled rank for rank whenever possible. In the
event that a vacancy cannot be filled by voluntary overtime, persons qualified to fill said
vacancy may be utilized at the discretion of the Fire Chief to maintain adequate
manning levels.
In the event that a Fire Paramedic who is scheduled 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 a voluntary 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. Any employee who
voluntarily works overtime in a different classification shall be compensated
3
at a rate of pay consistent with the classification worked. Any employee who is ordered
in to work a lower classification, shall be compensated at the rate attendant to his
regular classification.
9. The CITY will maintain and adhere to the overtime system as set out in
"Huntington Beach Fire Department Organization Manual, Policy D-3," published as
revised concurrently with this Agreement, a copy of which is attached hereto and
incorporated herein as Exhibit "B". The overtime system and/or "Policy D-3" may be
modified by mutual agreement of the parties at any time during the term of this
Agreement.
10. An employee shall be considered to be working if he is called to duty by
order initiated by the Fire Chief or his designee.
11. 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 work performed
within the meaning of Article 4.
12. Meal periods are paid as hours worked for personnel who are subject to
call for emergency duty.
B. COMPENSATORY TIME. In lieu of compensation by cash payment for
overtime as provided in Article 4, 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 "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,
4.
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 include approved vacation and compensatory time 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. 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
those persons previously assigned thereto may be utilized to fill any such vacancy prior
to the use of off duty personnel on an overtime basis.
ARTICLE 5
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 40100A
in effect as of November 1, 1979, a copy of which is attached hereto and incorporated
herein as Exhibit "C."
B. 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 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 7;
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,
5.
as provided in Article 7, 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 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 shaWbe made available during the term of this Agreement at
no increased cost to the CITY.
D. The City shall continue to provide for each employee at City cost, the $1,000
Life Insurance Plan provided pursuant to the previous agreement between the parties.
Effective January 3, 1981, the CITY shall provide a Life Insurance Plan for the
employees covered by this Agreement. Said plan shall be equal to that provided by
Standard Insurance Company Policy 332175-A, Optional Insurance, Section 113, Plan A.
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."
6.
F. Effective January 3, 1981, the City shall provide each employee with coverage
under the current Accidental Death and Dismemberment Insurance plan in effect for the
CITY.
G. Nothing in this Article shall be deemed to restrict the CITY's right to change
insurance carriers should circumstances warrant.
H. Nothing in this Article shall be deemed to obligate the CITY to improve the
benefits outlined in this Article.
ARTICLE 6
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.
ARTICLE 7
SICK LEAVE
Upon termination, employees shall be paid (or have paid on their behalf as
provided in Article 5) 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 8
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) Washington's Birthday (third Monday in February)
(3) Memorial Day (last Monday in May)
(4) Independence Day (July 4)
(5) Labor Day (first Monday in September)
(6) Veterans' Day (last Monday in October)
(7) Thanksgiving Day (fourth Thursday in November)
(8) Friday after Thanksgiving
(9) Christmas Day (December 25)
B. In the event that a holiday, other than the holidays set forth in Article 8,
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.
7.
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 8, 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 8, Section A.
ARTICLE 9
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.
B. VACATION ALLOWANCE. Permanent, full time employees shall accrue
annual vacations at the 40 hour week accrual rate 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 fifty-six (56) hours of earned
vacation benefits, provided that no more than fifty-six (56) 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
320 hours. Vacations shall be taken only with permission of the Fire Chief who
91
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 8, Sections A and B, falls within a vacation period of an
employee, not receiving holiday pay in accordance with Article 8, Section E, said day or
days shall not be charged against the vacation allowance as defined in this Article, 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 9-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. These slots shall be made
available by rank, one to Firemen, one to Engineers, one to Paramedics and one to
Captains. Thereafter each additional employee shall be entitled to receive time off for
requested vacation leave so long as a qualified replacement is available to serve in his
absence.
ARTICLE 10
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.
ir2
ARTICLE I
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 12
EDUCATION INCENTIVE PLAN
A. Except as provided below in Article 12-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
�— Cert. in Fire 1
Science or
30 Units or
Firefighter III
Certification
II 60 Units or 2 $ 70 3
Fire Officer
Certification
III 90 Units (or 3 $ 90 3
AA Fire Science)
or Chief Fire
Officer
Certification
IV 120 Units or 5 $ 110 3
Chief Fire Officer
Certification
V BA or BS 6 $ 120 0
Degree or Chief
Fire Officer
Certification
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
10.
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.
(5) 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.
(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) 11Satisfactory 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.
(I I) 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 (1/3) 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 I, 1979 shall not be eligible for the benefits described in paragraph A of this
Article; 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. 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
12.
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.
ARTICLE 13
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 (1h) continuance option (G.C. 21263, 21263.1, 21264) 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, (highest single year).
C. All "non -safety" employees represented by the ASSOCIATION shall receive
the some 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 shall survive the term of this Agreement.
ARTICLE 14
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 toa 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 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
13.
relief Article, 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 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." This exchange shall not be
considered when computing work performed as defined in Article 4.
ARTICLE 17
ADMINISTRATIVE APPOINTMENT
An employee administratively appointed to the position of Deputy Fire Marshal or
Fire Protection Specialist who has satisfactorily completed eighteen consecutive months
of service in such positions and subsequently is involuntarily reassigned to a classification
with a lower rate of pay shall continue to receive the rate of pay last achieved in the
higher classification until the rate of pay for his reassigned classification equals or
exceeds that of his former classification.
This Section shall not apply to voluntary transfers, disciplinary demotions or
layoffs.
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, 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 either two (2) Firefighters or one (1) Firefighter and
one (1) Fire Paramedic.
14.
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.
6. There shall be at least two (2) qualified Fire Controllers on duty at all
t imes.
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. He 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 4, 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 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.
15.
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 is 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 unless the "Assessment Center" method
is used. 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
three (3) working days of the date of the event that is the subject of the protest. 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
16.
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.
F. The Fire Chief may alter the duration of any promotional list for any
authorized position as authorized in the present Fire Department Policy Manual.
ARTICLE 21
SAFETY CLOTHING AND UNIFORMS
The present uniform and clothing policies as delineated in this Article, 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:
I. 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, or equivalent, 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.
17.
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 of December 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-I. 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 (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 I, 1980 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
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.
19.
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, 1980, and ending at midnight on June 30, 1981. 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.
20.
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: Z916
APPROVED AS TO ORM:
J. Nicholas Counter III
Labor Relations Counsel
APPROVED AS TO FORM:
SILVER AND KREISLER
By
Stephen H. Silver
Counsel for ASSOCIATION
CITY OF HUNTINGTON BEACH
By,we
' y dministrator
�r
e ie
HUNTINGTON BEACH
FIREMEN'S ASSOCIATION
W., 04 � W--
AM
By o
APPROVED AS TO FORM:
GAIL HUTTON, City Attorney
By:
City aAt�rey
21.
EXHIBIT "A"
FIRE ASSOCIATION SALARY SCHEDULE
EFFECTIVE JULY I. 1980
TITLE
RNG
A
B
C
D
E
Fire Apprentice
NE
205
1 172
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
EFFECTIVE JANUARY 3,
1981
TITLE
RNG
A
B
C
D
E
Fire Apprentice
NE
209
11 %
1262
1331
Fire Controller
NE
273
1477
1558
1643
1733
1829
Firefighter
NE
273
1477
1558
1643
1733
1829
Supvg. Fire Controller
NE
319
1855
1957
2064
2177
2297
Fire Engineer
NE
298
1674
1766
1863
1966
2073
Fire Engineer Relief
NE
284
1557
1641
1732
1827
1927
Fire Paramedic
NE
309
1766
1863
1966
2073
2187
Fire Protection Specialist
NE
309
1766
1863
1966
2073
2187
Fire Captain
NE
332
1981
2090
2205
2326
2454
Fire Captain Relief
NE
309
1766
1863
1966
.2073
2187
Deputy Fire Marshal
NE
343
2089
2205
2323
2454
2588
22.