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HomeMy WebLinkAboutDavid A. Segura - 2016-03-07Dept ID HR 16-002 Page 1 of 2 Meeting Date 3/7/2016 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 3/7/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Michele Warren, Director of Human Resources SUBJECT: Approve and authorize execution of an Employment Agreement with David A Segura for the position of Fire Chief Statement of Issue The City's Fire Chief retired in November, 2015 To fill this critical leadership position, a national recruitment was conducted for the position of Fire Chief Based on a thorough process to include a panel interview, Department Head meetings, and background and reference checks, the City Manager is recommending the appointment of David A Segura to the position Financial Impact Funding for this position is included in the FY 2015/16 budget Recommended Action - Approve and authorize the City Manager to execute the "Employment Agreement Between the City of Huntington Beach and David A Segura" for the position of Fire Chief Alternative Action(s)- Do not approve the appointment of David A Segura for the position of Fire Chief and direct the City Manager to re -launch a national recruitment Analysis The position of Fire Chief has been vacant since November 2015 due to the retirement of the former incumbent, thereby creating the need to fill the department head vacancy The City Manager authorized Human Resources to launch the recruitment for Fire Chief in October 2015 The City received more than 40+ applications for the position Six (6) candidates were invited to interview with a panel of seasoned leaders in Public Safety (both Fire and Police) and an experienced City Manager The panel recommended three (3) finalists The City Manager conducted follow-up interviews with each finalist, to include visitations with select members of the City's Executive (Department Head) team After full and deliberate consideration, the City Manager recommends City Council approval to appoint David A Segura to the position of Fire Chief, effective April 4, 2016 David Segura is a 32 year veteran within the fire service He has served the past 29 years in the City of Long Beach as a Firefighter, Paramedic, Captain, Battalion Chief, Assistant Chief and Deputy Chief He holds an Associates Degree from Long Beach City College, a Bachelors Degree from California State University Long Beach and is working to complete his Masters Degree in Public Administration from CSULB He is a certified EMT/Paramedic and holds other certifications Item 15. - 1 xB -320- Dept ID HR 16-002 Page 2 of 2 Meeting Date 3!7/2016 as Hazardous Material Specialist, Urban Search and Rescue Technician, and Fire Officer He is a 16 year resident of the City of Huntington Beach The contractual compensation is recommended at Non-Associated/Executive Management Pay Grade NA NA0015, Control Point + 5 75% The annual salary is $205,978 All other benefits provided are generally applicable to the former incumbent and/or non -associated employees (department heads) hired after 12/27/1997, as set forth in Huntington Beach City Council Resolution No 2014-32 Environmental Status N/A Strategic Plan Goal Enhance and maintain public safety Aftachment(s) 1 Fire Chief Recruitment Brochure 2 Resume, David A Segura 3 "Employment Agreement Between the City of Huntington Beach and David A Segura" HB -321- Item 15. - 2 A] —aEs! a y �.. ti �' I A. At;HMm=Nm= h 0 ............ Ir ^xp� p 1 A 817KI CITY of HUNTINGTON BEACH, CALIFORNIA to . he City of Huntington Beach is located on the shore of the Pacific Ocean in northwestern Orange County, 40 miles south of Los Angeles and 90 miles north of San Diego. As the fourth largest city in Orange County, with a population near 200,000 residents, Huntington Beach is known as -Surf Gity" due to its abundance of beaches, sunny, warm Mediterranean climate and casual lifestyle. Huntington Beach covers 28 square miles of land, 26 square miles of water, and is the 24th largest city in California. With nearly 10 miles of uninterrupted beach along the Pacific Ocean, the City also plays host to an annual visitor Population of over 11 million people, especially during the summer, special events and weekends. Huntington Beach has one or` the largest pleasure briers in the world and has the longest concrete pier in the State. The City's park system includes 58 public parks (with a dog park), riding stables and the largest city -owned and operated regional park in Orange County — Huntington Central Park, Also within the City's boundaries are, five (.5) recreation centers (including a senior centeei, three miles of equestrian trails, two Rolf courses, 72 tennis courts, a marina and a protected wildlife preserve. Running parallel to Pacific Coast Highway and just steps from the ocean is an eight -mile strand perfect for hiking, inline skating, jogging or a leisurely stroll. The City is centrally located to all major attractions in Orange County including the Disney Resorts, the Orange The Fire Department's FY 2015/16 operating budget is approximately 5415M with an allocation of 198 FTF positions. Personnel staff eight (8) fire stations, a regional training center, and a marine safety headquarters. Emergency response resources assigned to Fire Operations include eight (8) paramedic engines, two (2) ladder trucks, a Hazardous Materials Response Team, aType 1 Urban Search and Rescue Team, an OES engine for state-wide response, and five (5) emergency transport ambulances. The Marine Safety Division staffs numerous beach lifeguard towers emergency response vehicles, and three (31 rescue boats, which is accomplished through a combination of 15 full-time Marine Safety personnel and 150 seasonal lifeguards. In 2014, the Huntington Beach Fire Department responded to more than 17,000 emergency incidents. As part of the Fire Department's commitment to excellent service, it has a long history of regional collaboration. Currently, the Fire Department operates a joint training center for the Huntington Beach and Fountain Valley Fire Departments. The facility is also home to the Santa Ana College Fire Academy program. As part of the Metro Cities Fire Authority IPA, the City is a member of regionalfire department dispatch renter providing emergency dispatch and communications for eight (a) fire departments in Orange County. The Huntington Beach Fire Department has also partnered with the Anaheim Fire Department, through a JPA, to provide two regional Hazardous Materials Response reams that serve not only these two cities, but also seven (7) neighboring cities. - County Performing Arts Center and Repertory Theater, and the Long Beach Aquarium of the Pacific. The City is horror to the International Surfing Museum., the Surfing Walk of Fame, Balsa Chica Ecological Reserve, Huntington Harbour and the Huntington Beach Art Center. Huntington Beach draws some of the largest crowds in the world to such professional slxarting events as the U.S. Open of Surfing, Van's World Championship of Skateboarding and AVP Pro Beach Volleyball. There are 35 elementary schools, five (5) public high schools and one community college (Golden West College) located within Huntington Beach. The City has a world - class library located within the 365-acre Central Park as well as four () additional branch libraries. In addition, Orange Coast College; the University of California, Irvjpe; and California State Universities at Long Beach and Fullerton are located in close proximity. There are over 117,000 households within a five -mile radius of the Huntington Beach Civic Center. The average family, household income is $122,8.51, ranking one of the highest. in, the nation based on the top 100 largest cities in the country. The current median home value is slightly more than $667,000. EBnunded in the late 1880s, Huntington Beach was incorporated as a Charter City in 1909. 1untington each. has a City Counci110ty Manager form of government. The City Council has seven (7) members who are elected at large, on a non -partisan basis, to four-year overlapping terms. City Council rnentbers are limited to two (2) consecutive 4-year terms. There are three (3) elected department heads - the City Attorney, City Clerk and City Treasurer. The position of Mayor is filled on a rotating basis. The City of Huntington Beach is organized into 13 major departments including Police, Fire, City Manager, Community Development, Library Services, City Treasurer; City Clerk, City Attorney, Public Works, Finance, Community Services, Human Resources, and Information Services. The City has approximately 1,400 full and part-time employees and a total budget of approximately $344 Million. . he Fire Chief is responsible for the administration and operational direction of all fireprevention, emergency response, and marine safety operations. Reporting to the City Manager, the Fire Chief plans and oversees the organization and function of fire operations at eight (8) fire stations, and the Central Net Operations IPA Training Center, The Fire Chief ensures that all federal, state and local fire codes are enforced including coordination and oversight of budding, facility and oil field inspection compliance. The Fire Chief directs programs and operations related to emergency response and disaster preparedness, including, but not limited to HazMat programs, the Emergency Operations Center, and Urban Search and Rescue The Fire Department oversees Marine Safety Operations and the Fire Chief is responsible for leadership and oversight of all open water and beach safety programs, including the City's Junior Lifeguard program. Goals and Objectives for the new Fire Chief include, but are not limited to: • Maintain a state of operational readiness to meet the increasing demand for response to fire, medical, hazardous materials, urban search and rescue, and other all-risk emergency incidents. • Work with a consultant to develop a "Standards of Cover" for the department to address increased service needs. • Provide leadership and direction for a County -wide AVL Deployment Study that is currently underway in Orange County. • Provide leadership and oversight as part of a three -city Community Paramedicine.Alternate Destinatiun Pilot Study that has recently begun with Fountain Valley, Newport Beach, and Huntington Beach. • Continue the department's commitment to technology including enhancements to eP(..-R, HazMat data reporting, fire inspections, and Dian check systems. • Evaluate the need to provide a sixth fire department ambulance in the City. • Complete replacement of the fire department's 800 MI iz radio system and Mobile Data Terminals in all apparatus. 1 r7§-Jhe Huntington Beach Fire Department isdedicated to providing the highest quality, fire, marine safety and emergency medical services to protect our community. The department provides "all-risk" services and response for fire suppression., fire prevention, technical rescue, hazardous materials and disaster preparedness, marine safety, emergency medical and ambulance transport. The Huntington Beach Fire Department is one of only 132 fire. departments in the nation to hold a Class i ISO rating. The Fire Department is comprised of four (4) operational divisions: Administration, Fire Operations, Fire Prevention and Marine Safety. The purpose of the Fire Administration Division is to provide management, research, clerical, financiai, and records support for all Fire Department programs. The Fire Operations Division provides a professionally trained and well-equipped emergency force for fire, medical, rescue, and hazardous materials response. This includes coordination of all disaster preparedness and management of the City's EOC through the Fire Department's Emergency Management and Homeland Security Office. The Fire Prevention Division has responsibility for enforcing local, state, and federal codes in order to reduce the loss of life and property from preventable fires and other emergencies. The primary goal and purpose of the Marine Safety Division, which became part of the Fire Department in 2013, is to provide quality open water and beach safety through education, prevention, and emergency response. • Continue integration of Marine Safety into the fire department including review of policies and procedures. • Complete purchases and place into service a new ladder truck and a new engine as part of the fire department apparatus replacement plan. • Maintain a strong labor-management partnership, t�Vhe City is seeking a visionary Fire Chief with strong collaborative management skills. The ideal candidate JL will be a well regarded fire service professional with a solid history of progressive leadership. The Fire Chief serves as both mentor and coach in leading a skilled and talented work team. Expected to be a role -model in the profession, the ideal candidate communicates well at all organizational levels and partners with others in the furtherance of overall organizational goals and objectives. He/she promotes high standards, holds staff accountable, establishes clear performance expectations, and defined rules of engagement in shaping department culture. The Fire Chief is expected to possess flawless integrity, participate effectively in labor/management relations, and he a strong relationship builder. The ideal candidate has a deep and balanced career within the fire service in both operations and administration; one who makes sound business decisions based upon thorough research, analysis, and the exploration of varied alternative solutions. An astute financial manager, the Fire Chief effectively manages the department budget to achieve short and long term organizational strategic objectives, and maintains a proven track record of being a responsible steward of public funds. CD CJt t.A Y'n The individual selected has an adaptable, contemporary approach to department operations, is well versed in applicable uses of data to monitor, measure, and manage performance and capacity. The ideal candidate understands and is knowledgeable regarding current uses of technology and is familiar with online and social media strategies' designed to enhance community engagement. As a progressive leader, the new Fire Chief is open-minded and flexible regarding ideas, and resists being rooted in tradition for tradition's sake. The new Fire Chief will be community oriented and supportive of the department's visibility and commitment to the Huntington Beach community. Any combination of experience, training and education that provides the required knowledge and abilities is qualifying. The ideal candidate possesses a Bachelor's Degree from an accredited college or university in Fire, Public or Business Administration or a directly -related field and eight (8) years of progressively responsible fire service experience including four (4) years of Senior Command Level administrative and supervisory experience. Master's Degree is preferred. he annual salary for this position is within an established range that goes to $216,819 and will be dependent upon the qualifications and experience of the selected candidate. In addition, benefits are provided, which include: Retirement: Classic Members: California PERS; 3% at 50 safety benefit formula. Employees contribute 9% of the employee -share. New Members: California PERS; 2.7% at 57 safety benefit formula. Employees contribute 11.75%. The City does not pay into Social Security. Insurance: Health (medical/dental/vision), life, and long- term disability insurance provided by City. Employees contribute towards health insurance. IRS Section 125 medical and dependent care reimbursement plan (FSA). Leave: General leave 176 hours per year for the first five (5) years of service - in lieu of sick and vacation; 80 hours of executive leave per calendar year. Holidays: Ten (10) paid holidays.annually. Vehicle/Allowance: City -provided vehicle or $500 per month. Deferred Compensation Plans: 457 and 401(a) deferred compensation plans are available. he closing date for this recruitment is Sunday, November 15, 2015. To be considered for this opportunity, upload cover letter, resume and list of six (6) professional references using the "Apply Now" feature at www.tbcrecruiting.com. Confidential inquiries are welcomed. . R, STELLAR TALENT I&( o PREMIER SERVICE. ILI � POWERFUL RESULTS. Teri Black • 424.296.3111 Bradley Wardle • 650.450,3299 TERI BLACK & COMPANY, LLC www.tbcrecruiting.com Following the closing date, resumes will be screened in relation to the criteria articulated in this brochure. Applicants with the most relevant qualifications will immediately be granted preliminary interviews by the recruiters. Candidates deemed to be best qualified and match the City's best interests will be invited to interview in Huntington Beach in late November/early December. All candidates will be evaluated and only those qualified applicants determined to be "most qualified" will move forward in the selection process. The City Manager is desirous of making his selection before the end of the year. A thorough investigation of personal and professional history and background will be performed prior to appointment. This review includes, but is not limited to; work, education, military, internal/external investigations, criminal, civil and financial information. Prior to appointment, the selected candidate must successfully complete a required comprehensive medical examination, which may include drug screening. This is a highly confidential search process. References will not be contacted until mutual interest has been established. -_ �. � T-cam,-� �' CAL Dpvid A. Segura Professional Experience City of Long Beach, CA Fire Department Deputy Chief August 2012 — Cun ent Provide executive leadership to the Support Services Buz eau with a $10 million operating budget Manage the Tiaimng Division, Emergency Medical Seivices (EMS) Division, Fire Communications Division and the Technology Division Responsible foi the department's promotional exams, firefightei and public safety dispatcher recruitment and hning process Ovetsee newly established Office of Professional Standai ds and coot dmate local grant efforts, fleet maintenance and pi ocui ement. Key Achievements ■ Implemented Phase 1 of citywide consolidation of the Police and Fire Communication Centers Lead the consolidation piocess along with representatives from the City Manager's office, Police, Human Resources and the Technology depailments Outcomes will address operational efficiencies that work within budget constraints ■ Reformed the firefighter selection and hiring process Established an objective merit -based selection piocess and included community partners to participate in the interview piocess. Partnered with the Civil Service Department to contract with the National Testing Network foi entry-level testing Generated cost efficiencies and also provided a well -qualified and diverse pool of candidates. ■ Reinstated and redesigned the Officer Development Program to create long-term succession planning for line supervisors Modeled after the LAFD Leadership Academy ■ Partnered with the Civil Service Department to overhaul the fire department's promotional exams by recording the process This pi ocess made it feasible to sequester candidates in order to avoid information sharing ■ Served as Operations Section Chief in the Emergency Operations Center (EOC) during the SCE power outages, providing leadership foi disaster and emergency management ■ Implemented a city-wide Type 3 All -Hazard Incident Management Team tiaming program Partnered with City management and EOC management ■ Instrumental in building and maintaining pi oductive relationships between the fne department and the community. Have received formal recognition/awards from community groups including Leadership Long Beach Institute (LLBI) and the Community Hispanic Association HB -325- Item 15. - 6 David Segura Page 2 Assistant Chief Novembei 2011 —August 2012 Managed the day-to-day functions of the Opei ations Bui eau Oversaw the Operations Bureau which consisted of nine Battalion Chiefs, divided into three shifts and three districts with adaily suppression staff of 117 personnel Managed the following specialty programs- Haz Mat, USAR, Fire Boats, and Anport Administered the annual spending plan and submittals for the UASI, MMRS, SHGP, and PSGP grants Also, provided over sight and approval author ity for the Department's facility improvements and renovations for gender accommodations Key Achievements • Created and implemented an efficiency staffing model, which resulted in a daily engine and truck company reduction • Created and implemented vacation staffing model to reduce overtime costs Member of Los Angeles Area Fire Chiefs' Association (LAFCA) Operations Committee Battalion Chief January 2010 — November 2011 Managed the day-to-day operations of District 1, C-shift Managed eight fire stations, with a total of 47 personnel This included 2 fire boat stations, the USAR station and the Haz Mat station Key Achievements ■ Administered the department's Haz Mat program and the only specialty program provided with a line item budget ■ Responsible for $55,000 budget for the procurement of advanced technological equipment to enhance Haz Mat mitigation and public and firefighter safety. • Cooi dinated advanced Haz Mat/CBRNE/WMD department training classes ■ Instrumental in ensuring that the Haz Mat program was properly staffed and equipped to obtain a State Type-3 rating Captain September 2001— September 2002, January 2004 — December 2009 Supervismy duties and responsibilities Responsible for establishing LBFD's first -ever Haz Mat Station — 4 personnel staffed an engine and a Haz Mat company Also supervised a station with 6 personnel — an engine company and a BLS ambulance Supervised a station with 10 personnel — an engine and ti uck company and a paramedic rescue Item 15. - 7 HB -326- David Segura Page 3 f Key Achievements ■ Assisted in cleating, developing, and implementingLBFD's new hazardous materials emergency response progi am ■ Implemented and managed the department's USAR K-9 program ■ Sewed as a key instructor in the mitial department -wide rapid intervention/TIC and firefighter survival ti aining Administered Ambulance Operators' tiaimng classes as an academy class coordinator ■ Involved in numerous phases of firefighter and ambulance operator recruitment and hn mg Training Officer (Captain) September 2002 — January 2004 Responsible for in-service and recruit training Key Achievements ■ Served as a class coordinator responsible for managing 6 training officers and 28 recruits ■ Responsible for all recruit coaching and counseling sessions and wi itten reports Firefighter/Paramedic October 1987 — September 2001 Assumed fir efrghter/paramedic duties and responsibilities Key Achievements ■ Preceptor responsible for tiammg numerous LBFD employees and outside agency paramedics ■ Assisted the Civil Sei vice Department with firefighter recruitment Vice President, Firefighters'Association January 1992 — December 1998 Represented members fairly and effectively in i elation to wages, benefits, and woi king conditions Key Achievements ■ Played a key leadership role in negotiating multi -year contracts ■ Member of the City's insurance advisory committee comprised of employee group and City Management i epresentatives. f- - r` ■ Represented employees through the disciplinary and grievance process xB -327- Item 15. - 8 David Segura Page 4 Firefighter Apt it 1986 —October 1987 Assumed firefighter duties and i esponsibilities Key Achievements ■ Provided bilingual public instiuchon of basic fiist-aid and CPR through the American Heart Association and the Long Beach Fne Department ■ Assisted the Civil Service Department with firefighter ieciuitment City of Inglewood, CA Fire Department Firefighter/Paraniedic, Firefighter October 1983 —April 1986 California Department of Forestry (Cal Fire) Seasonal Firefighter/EMT June 1983 — September 1983 4' Education Master of Public Administration California State University, Long Beach (in pi ogress) Bachelor of Science, Occupational Studies California State University, Long Beach Hazardous Materials Specialist California Specialized Training Institute Urban Search and Rescue Technician Califorma State Fire Marshall Associate of Science, Fire Science Long Beach City College, California Fire Officer California State Fiie Marshal EMT/Paramedic Paramedic Training Institute, County of Los Angeles Item 15. - 9 HB -328- David Segura Page 5 Community Service Boaid Member (Govei nment Relations Chair) of the Consei vation Corps of Long Beach Board Member (President) of the Friends of Long Beach Fii efighters, Inc Boaid Member of the Leadei ship Long Beach Institute (2011 —12) Boys and Guls Club of Long Beach, Caieei Development Committee (2011 —12) Credentials and Certifications California State Board of Fire Services —Assistant Safety Officei, HazMat California State Board of File Services — Strike Team Leadei (Engine) Los Angeles County Paramedic Preceptoi Tiaining Basic Fiist Aid/CPR Instructoi (English and Spanish) California State Board of File Services — Fn efighter II California State Boaid of Fire Services — Fnefighter I Professional Affiliations Leadei ship Long Beach Institute Graduate/Alumni International Association of File Chiefs International Association of Firefighters Califoi nia State of Fn efighters Association California Professional Fnefighters Honors and Awards Other Elected as one of 25 LLBI alumni having most impact in the community (2014) Honoled with the Excellence in Public Safety Award by the Community Hispanic Association (2015) Fluent in Spanish Serve as LBFD spokesperson foi Spanish media as needed HB -329- Item 15. - 10 Alr--I--AC �1`_,• N.41L i E N T � � 'a� -'z ba,? L� * l a., z-.=a r.. EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAVID A. SEGURA THIS AGREEMENT is entered into this 7 day of 2W4V , 2016, between the City of Huntington Beach, a California municipal corporation, hereinafter "City," and David Segura, hereinafter "Segura" WITNESSETH The City Manager has been empowered to appoint and remove department heads; and The City, through the City Manager, desires to employ the services of Segura as the head of the Fire Department, as the Fire Chief, of the City of Huntington Beach; and The City seeks to provide certain benefits, establish certain conditions of employment, and to set working conditions of Segura; and The City intends to- (1) Secure, retain and employ the services of Segura, and (2) Segura intends to accept employment as Fire Chief of the City; NOW, THEREFORE, in consideration of the mutual covenants here contained, the parties agree as follows: SECTION 1. DUTIES. The City agrees to employ Segura as Fire Chief of the City to perform the functions and duties of that office as set forth in the Municipal Code of the City of Huntington Beach and the City Charter, and to perform other duties and functions as the City Manager shall from time to time assign. Segura shall devote his full attention and effort to the office and perform the mentioned duties and functions in a professional manner. SECTION 2. STATUS AND TERM. (a) Segura shall serve for an indefinite term of the pleasure of the City Manager and shall be considered an at -will employee of the City. 1 David Segura Employment Agreement. Item 15. - 11 HI3.330_ (b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to terminate the employment of Segura at any time, subject only to the provisions set forth in Section 6, subparagraphs (a), (b) and (c) of this Agreement, and Section 401 of the Charter of the City of Huntington Beach. (c) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Segura to resign at any rime from his position with the City, subject only to the provisions set forth in Section 6, subparagraph (d), of this Agreement. (d) Segura agrees to remain in the exclusive employ of City for an indefinite period and shall neither accept other employment or become employed by any other employer without the prior written approval of the City Manager until notice of Segura's resignation is given. The term "employed" (and derivations of that term as used in the preceding paragraph) shall include employment by another legal entity or self-employment; however, shall not be construed to include occasional teaching, writing, consulting, or military reserve service performed on Segura's time off, and with the advance approval of the City Manager. SECTION 3. SALARY AND COMPENSATION. City agrees to pay Segura for services rendered pursuant to this Agreement based upon the Non - Associated Executive Management Salary Schedule, Pay Grade NA0015, Control Point + 5.75% ($99.02/hourly/$205,978/annually) or Resolutions or Ordinances from time to time enacted that govern such compensation. SECTION 4. OTHER BENEFITS. In addition to the foregoing benefits, Segura shall also receive all such other benefits that are generally applicable to non -associated employees (Department Heads) hired after 12/27/1997, as set forth in Huntington Beach City Council Resolution No. 2014-32, entitled "A Resolution Of The City Council Of The City Of Huntington Beach Modifying Salary And Benefits For Non- 2 David Segura Employment Agreement HB -331- Item 15. - 12 Represented Employees, a copy of which is attached hereto as Exhibit "A" and incorporated by reference as fully set forth herein. The benefits provided to Segura pursuant to this Section may be modified by City from time to time, upon City Council adoption of a successor Resolution. i. Holiday Pay -In -Lieu Segura shall receive Holiday In -Lieu Pay, pursuant to Title 2, CCR 571(a). Segura shall be compensated by the City in lieu of the ten (10) listed holidays at the rate of 3.0768 hours multiplicd by employee's hourly rate, payable each and every pay period. The following are the recognized legal holidays under the Non -Associated Resolution: • New Year's Day (January 1) • Martin Luther King Jr. Day (third Monday in January) • President's Day (third Monday in February) • Memorial Day (last Monday in May) • Independenec Day (July 4) • Labor Day (first Monday in September) • Veteran's Day (November 11) • Thanksgiving Day (fourth Thursday in November) • Friday after Thanksgiving Day • Christmas Day (December 25) Any day declared by the President of the United States to be a National holiday, or by the Governor of the State of California to be a State holiday, and adopted as an employee holiday by the City Council of Huntington Beach. If Segura is required to work regular shifts on the above listed holidays as set forth in this Section, Segura shall not be entitled to time off or additional pay. The treatment of any special pay under this provision as "pensionable compensation" shall be subject to CalPERS regulations. Where there is any conflict between the City's treatment of any special pay and CalPERS, CAPERS determination shall prevail. 3 David Segura Employment Agreement Item 15. - 13 HB -332- ii. Uniform Allowance Segura shall receivc an annual uniform allowance of $1,250.00, to be paid bi-weekly, for maintenance and cleaning of uniforms. This pay shall not be considered as "pensionable compensation". iii City Vehicle/Auto Allowance As Fine Chief, Segura shall have unrestricted use, during his employment, of an automobile provided to him by the City. Said automobile shall be used by Segura for business use, with the understanding that the Fire Chief is on -call 24 hours a day, 7 days a week. The City shall be responsible for cost of liability, property damage, and comprehensive insurance for said automobile, however, the City may elect, without notice to Segura, to provide said coverage by self-insurance. The purchase, maintenance, repair and regular replacement of said automobile shall be the responsibility of the City. Notwithstanding the above provision, the Fire Chief can opt to accept an Auto Allowance as provided for in the Non -Associated Resolution. SECTION 5. ADMINISTRATIVE LEAVE. The City Manager may place Segura on Administrative Leave with full pay and benefits at any time during the term of this Agreement. SECTION 6. TERMINATION AND SEVERANCE PAY. (a) Except as provided in subsection (b), in the event the City Manager terminates the employment of Segura, and during such time that Segura is willing and able to perform his duties under this Agreement, then City shall pay to Segura a severance payment equal to salary payments which Segura would have been receiving over a twelve week period at Segura's current rate of pay in effect on the day prior to the date of termination. In addition, for the lesser of ninety (90) calendar days after the date of termination or the time Segura secures health and 4 David Segura Employment Agreement HB -333- Item 15. - 14 . medical insurance through comparable employment, the City shall maintain and pay for health, medical, disability, the continuation of retirement benefits and life insurance in such amounts and on such terms as have been received by Segura and Segura's dependents at the time of such termination; however, no other or additional benefits shall accrue during this ninety (90) calendar -day period. (b)(1) Notwithstanding subsection (a) above, the following reasons shall constitute grounds to terminate the employment of Segura without severance pay. (i) a willful breach of this agreement or the willful and repeated neglect by Segura to perform duties that he is required to perform; (ii) conviction of any criminal act relating to employment with the City; (iii) conviction of a felony. (2) Prior to the time that the City Manager terminates Segura without severance pay for any of the reasons set forth in Section (b)(1) above, and only in that case, the City Manager shall provide Segura with written notice of proposed termination which will 4 include the reason and factual basis for termination. Within ten days of such notice, Segura may request an opportunity to respond to the reasons and factual basis provided by the City Manager. If such a request to respond is made, the City Manager shall conduct a meeting, which may be informal in nature, so that Segura may respond to the notice of proposed termination. At such meeting, Segura may be represented by an attorney of his choice and present evidence or information relevant to the reasons and factual basis set forth in the notice of proposed termination Subsequently, the decision of the City Manager as to whether reasons set forth in Section (b)(1) exist or do not exist shall be final as between the parties. (c) In the event City at any time during the term of this Agreement reduces the salary of Segura from its current level, except as part of an across-the-board reduction for all Directors of City, or in the event City refuses, following written notice, to extend to Segura any non -salary 5 David segm EnTloyment Agn me t Item 15. - 15 xB -334- benefit customarily available to all Directors, or in the event Segura resigns following a suggestion, whether formal or informal, by the City Manager that he resign, then, Segura may, at his option, be deemed to be "terminated". The termination date will occur then at the date of reduction or refusal to extend or such suggestion of resignation within the meaning and context of the severance pay provision in subparagraph (a) above; provided that the option to be deemed terminated is exercised by written notice from Segura and delivered to the City Manager within ten (10) working days of notification of such reduction, refusal to extend, or suggestion of resignation. In that event, the severance payment shall be calculated from the date Segura exercises the option to be deemed terminated. R (d) In the event Segura voluntarily resigns his position, Segura shall give City written notice at least sixty (60) days prior to the last workday, unless the City Manager and Segura otherwise agree. (e) It is understood that after notice of termination in any form, Segura and the City will cooperate to provide for an orderly transition Specific responsibilities during such transition maybe specified in a wntten separation agreement. SECTION 7. DISABILITY. If Segura is totally medically, or physically disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or ill health, and has provided proof of the same from a qualified licensed medical professional, he shall be eligible for Disability Leave upon exhausting all accrued general leave and executive leave, and duty injury leave if applicable. Disability Leave shall be unpaid and shall be approved by the City Manager for a time period of up to three (3) months. The length of such time period of the Disability Leave shall be dependent upon the length of the disability as demonstrated by Segura. If Segura is unable to return to work at that time, the City shall have the option to terminate the employment of Segura., subject to the requirements imposed on City by Section 6, paragraph (a). 6 David Segura Employment Agreement la: U2 Item 15. - 16 SECTION 8. PERFORMANCE EVALUATION. The City Manager shall review and evaluate in writing the performance of Segura at least once annually, with the first performance review occurring within the initial six (6) months of employment. That review and evaluation shall be in accordance with specific criteria developed in consultation with Segura and the City Manager. Those criteria may be added to or subtracted from as the City Manager may from time to time determine, in consultation with Segura. SECTION 9. GENERAL AND EXECUTIVE LEAVE Segura shall accrue General Leave in accordance with the General Leave accrual provisions applicable to department heads of the City as contained in the Non -Associated Resolution (Exhibit "A'). Segura will be credited 80 hours of Executive Leave, and 80 hours of General Leave upon his first day of employment. Thereafter, Segura shall be credited 80 hours of Executive Leave on January 1 of each calendar year. Executive Leave must be used in the same calendar year it is credited; unused Executive Leave may not be carried forward to the next calendar year or cashed out at any time. General Leave shall be accrued in accordance with the appropriate provisions of the Non -Associate Resolution. Segura shall provide the City Manager with reasonable notice prior to taking two or more General Leave or Executive Leave days off. SECTION 10. PROFESSIONAL DEVELOPMENT. The City agrees to budget and pay for Segura's professional memberships as normally accorded to Department Heads. Segura shall also receive paid leave, plus registration, travel and reasonable expenses for short courses, workshops, conferences and seminars that are necessary for his professional development and, in the judgment of the City Manager, for the good of the City, and subject to budget limitations and to established travel policies and procedures. 7 David Segura Employment agreement Item 15. - 17 HB -336- SECTION 11. FINANCIAL DISCLOSURE. Segura shall report to the City Manager any ownership interest in real property within the County of Orange, excluding personal residence. Segura shall also complete and file annually Financial Disclosure 700 Forms. Also, Segura shall report to the City Manager any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for City or from which City intends to make a purchase. Such reporting shall be made in writing by Segura to the City Manager within ten (10) calendar days of the execution of this agrcement and further within ten (10) calendar days of acquisition of that interest in real property. Additionally, Segura shall report in writing to the City Manager any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for City or from whom City intends to make a purchase immediately upon notice of the intended work or purchase. SECTION 12. INDEMNIFICATION. The City shall defend and indemnify Segura against actions, including but not limited to any: professional liability claim or demand, or other noncriminal legal, cquitable or administrative action, ansing out of an alleged act or omission occurring in the performance of Segura's during the discharge of his duties as an employee/officer of the City, other than an action brought by the City against Segura, or an action filed against the City by Segura. The City will not defend or indemnify Segura for any act by Segura resulting in, or involving a lawsuit for punitive damages. In addition, the City shall pay the reasonable expenses for the travel, lodging, meals, and lost work time of Segura should Segura be subject to such, should an action be pending after termination of Segura. The City shall be responsible for and have authority to compromise and settle any action, with prior consultation with Segura, and pay the amount of any settlement or judgment rendered on that action. Segura shall cooperate fully with City in the settlement, compromise, preparation of the defense, or trial of any such action. 8 David Segura Employment Agreement 1113 -337- Item 15. - 18 SECTION 13. GENERAL PROVISIONS (a) The text here shall constitute the entire Agreement between the parties (b) This Agreement shall become effective commencing March 7, 2016 (c) If any provision, or any portion of any provision, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or any portion of it, shall be deemed severable, shall not be affected and shall remain in full force and effect (d) No amendment of this Agreement shall be effective unless in writing and signed by both parties IN WITNESS WHEREOF, the City has caused this Agreement to be signed and executed on its behalf by its City Manager, and Segura has signed and executed this Agreement, both in duplicate, the day and year first above written CITY "____ Fre son, City Manager APPROVED AS TO FORM Michael Gates, City Attorney 9 David Segura Employment Agreement FIRE CHIEF/SEGURA i 00/42120"�'PillIi David A Segura / SECTION 13. GENERAL PROVISIONS. (a) The text here shall constitute the entire Agreement between the parties, (b) This Agreement shall become effective commencing March 7, 2016. (c) If any provision, or any portion of any provision, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or any portion of it, shall be deemed severable, shall not be affected and shall remain in full force and effect. (d) No amendment of this Agreement shall be effective unless in writing and signed by both parties. IN WITNESS WHEREOF, the City has caused this Agreement to be signed and executed on its behalf by its City Manager, and Segura has signed and executed this Agreement, both in duplicate, the day and year first above written. CITY: Fred A. Wilson, City Manager APPROVED AS -TO FORM: Gates, City Attorney z David Segura Employment Agreement FIRE CHIEF/SEGURA: David A. Segura Item 15. - 19 HB -338- ,r- K # 1,6 /'7- /+ RESOLUTION NO. 2014- 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING SALARY AND BENEFITS FOR NON -REPRESENTED EMPLOYEES WHEREAS, the City Council of the City of Huntington Beach desires to modify salary and benefits for non -represented employees upon adoption of this resolution, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows- 1. Salaries and benefits for Non -Represented employees shall be as reflected in Exhibit A, attached hereto and incorporated by this reference. 2 Except as modified herein existing benefits shall remain in effect. 3 Any resolution in conflict herewith, whether by minute action or resolution of the City Council heretofore approved, is hereby repealed PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of July , 2014. of Human Resources HB -339- Item 15. - 20 X (IA,(r 'lq ' - NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT A - NON -ASSOCIATED EMPLOYEES PAY AND BENEFIT PROVISION...................................................................................................1 SECTIONI PAY..............................................................................................................1 A SALARY SCHEDULE ......... .. ... 1 B DIRECT DEPOSIT. 1 C ASSIGNED VEHICLE/AUTO ALLOWANCE 1 1 Department Heads 1 SECTION II - HOURS OF WORK/OVERTIME/TIME OFF.............................................1 A EXECUTIVE LEAVE.. 1 B FLEXIBLE AND ALTERNATIVE WORK SCHEDULES 1 SECTION III - HEALTH AND OTHER INSURANCE BENEFITS ................................... 2 A HEALTH INSURANCE 2 1 Medical, Dental and Vision Insurance 2 2 City and Employee Paid Health Insurance 2 3 Medical Cash Out 6 4 Section 125 Plan 6 B LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE .6 C LONG-TERM DISABILITY INSURANCE. 6 D CITY -PAID PHYSICAL EXAMINATIONS 6 E MISCELLANEOUS ... 7 F RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL RETIREE SUBSIDY PLAN 7 G POST-65 SUPPLEMENTAL MEDICARE COVERAGE 7 SECTION IV - RETIREMENT.........................................................................................8 A. BENEFITS 8 1 Self -Funded Supplemental Retirement Benefit 8 2 Medical Insurance for Retirees 8 B PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTIONS AND REPORTING .. 8 1 Miscellaneous Unit Members 8 2 Safety Unit Members 9 3 IRS Code 414(h)(2) 10 4 Pre -Retirement Optional Settlement 2 Death Benefit 10 5 Fourth Level of 1959 Survivor Benefits 10 6 VEBA Plan Requirements 10 SECTION V - LEAVE BENEFITS................................................................................12 A GENERAL LEAVE 12 1 Accrual 12 2 Eligibility and Approval 12 ' " 1" to N/A Resolution Item 15. - 21 HB -340- NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 3 Leave Benefit Entitlements 12 4 Conversion to Cash 12 B HOLIDAYS AND PAY PROVISIONS 13 C SICK LEAVE 13 1 Accrual 13 2 Credit 14 3 Usage 14 4 Payoff at Termination 14 D BEREAVEMENT LEAVE 15 E VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM 15 SECTION VI - RETIREE SUBSIDY MEDICAL PLAN..................................................15 SECTION VII - MISCELLANEOUS...............................................................................15 A COLLECTION OF PAYROLL OVERPAYMENTS. 15 B. UNIFORMS AND CALPERS REPORTING ... 16 EXHIBIT 1 - NON -ASSOCIATED SALARY SCHEDULE.............................................17 EXHIBIT 2 RETIREE MEDICAL PLAN 19 EXHIBIT 3 - 9/80 WORK SCHEDULE.......................................................................... 23 EXHIBIT 4 - VOLUNTARY CATASTROPHIC LEAVE DONATION ............................. 25 Eatubit "A" to N/A Resolution Item 15. - Z NON -ASSOCIATED EMPLOYEES PAY AND BENEFIT PROVISIONS EXHIBIT A SECTION I — PAY A Salary Schedule All current Non -Associated employees shall receive the salaries as identified in Exhibit 2 The City Council shall set the salaries of the elected executive management positions identified in Exhibit 1, at any rate within the designated salary range 3 The City Manager is authorized to set the salaries of the non -elected executive management positions identified in Exhibit 1 at any rate at or below the control point of the designated salary range The City Manager is authorized to increase the salary by any percentage not greater than 5% based upon performance at annual review and market data, however, no salary for a new employee may be set above the control point at any time without City Council approval B Direct Deposit All Non -Associated employees are required to utilize direct deposit of payroll checks C Assigned Vehicle/Auto Allowance 1 Department Heads Appointed Department Heads and the City Clerk, City Treasurer, and City Attorney shall have the option of an assigned City vehicle or an auto allowance in the amount of two hundred thirty dollars and seventy-seven cents ($230 77) per bi-weekly pay period plus reimbursement of out-of-town travel at the approved mileage rate SECTION II — HOURS OF WORK/ TIME OFF A Executive Leave Non -Associated exempt employees shall not be eligible for overtime compensation Exempt department heads shall be credited with eighty (80) hours of executive leave per calendar year B Flexible and Alternative Work Schedules 1 5/40 Work Schedule The 5/40 work schedule shall be defined as working five (5) eight (8) hour days Monday through Friday each week with a one -hour lunch during each work shift, totaling a forty (40) hours work week 2 9/80 Work Schedule The 9/80 work schedule, as outlined in Exhibit 3, shall be defined as working nine (9) days for eighty (80) hours in a two week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for eight (8) hours (Friday), with a one -hour tem 15. - 23 ' to N/A Resolunon HB -342- NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION lunch during each work shift, totaling forty (40) hours in each FLSA designated work week The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee 3 Alternative Work Schedule Non -associated employees may elect any alternative work schedule approved by the City Manager or designee SECTION III — HEALTH AND OTHER INSURANCE BENEFITS A Health Insurance 1 Medical, Dental and Vision Insurance The City shall continue to make available group medical, dental and vision benefits to all Non -Associated employees 2 City and Employee Paid Health Insurance The City and the employee shall pay for health insurance premiums for employees and qualified dependent(s) effective the first of the month following the employee's hire date The employee payroll deduction for premium contributions shall be deducted on a pre-tax basis Such deductions shall be aligned with the effective date of coverage and the ending date of coverage upon employment separation The employee's payroll deduction amount shall begin no later than the beginning of the first full pay period following the effective date of coverage and pro -rated for coverage through the end of the month in which employment was separated Ealvbit "A" to N/A Rcsolunon RB -343- Item 15. - 24 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION i. Health Plan Employee and Employer Contributions Chart for Classifications in EXHIBIT 1 2014 Health Premiums and Contributions Effective 8/1/2014 Non -Associated ` Plan ` T Tien Monthl Y "-Premiumv� J EmployerE Monthly 1 ution ployee ' �IVlonthly Contribution _ Employee Si Weekly 77 Contribution; -. 52.89 Kaiser Single 455.36 340.76 114.60 Two -Party 997.37 674.36 323.01 149.08 Family 1,311.39 870.04 441.35 203.70 Blue Shield HMO Sin le 587.00 340.76 246.24 113.65 Two-Part 1,281.00 674.36 606.64 279.99 Family 1,65T00 870.04 786.96 363.21 Blue Shield PPO Single 629.00 450.48 178.52 82.39 Two -Party 1,329.00 835.78 493.22 227.64 Family 1,647.00 1,014.31 632.69 292.01 @ ? \15``` Delta Dental PPO Single 65.00 45.02 19.98 9.22 121.40 85.91 35.49 16.38 -Two-Party Family 160.00 122.18 37.82 17.46 ' l?L�Y�\S';.. ✓ �is \2 nc `4aQY :`.z 5 v "�� mom• Delta Care HMO Single 28.88 28.88 0 0 49.10 49.10 0 0 -Two-Party Family_75.10 75.10 0 0 a. x .:„ , VSP Vision Single 25.94 0 25.94 11.97 25.94 0 25.94 11.97 -Two-Party Family 25.94 0 25.94 11.97 Medical Opt -Out: $340.76 per month (or $157.27 bi-weekly) Employee and City Contributions subject to change as a result of contract negotiations ii. "Safety Member" Health Premiums - Employer Contribution Employees that are classified as "safety member' by the California Public Employees' Retirement System (CaIPERS) may have access to the medical plans offered by CaIPERS as contracted by the City. In accordance with eligibility provisions, the Police Chief and the Fire Chief may elect to enroll in the CaIPERS health insurance program offered by the City. The City's maximum monthly employer contributions for the CaIPERS health insurance program is set forth in the chart below. The amounts listed below include tem 15. - 25 ' to N/A Resolution t:.fg -344- NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION the mandated Public Employees' Medical and Hospital Care Act (PEMHCA) contribution. 2014 Health Premiums and Contributions Effective 8/1/2014 Non -Associated - Safety .. F r .' Emp oye_"tn E e y peekly Plan ",Ti .Tier MorFthly z� ,Monthly h Premium . \\,„ ;s Contrib tion,r. Rontr6utioPERS Sin le 536.99 340.76 196.23 90.57 Two -Party 1073.98 1 674.36 399.62 1 184.44 Anthem HMO Select Family 1396.17 1 870.04 526.13 242.83 •y . a x PERS Single 592.20 340.76 251.44 116.05 Anthem HMO Two -Party 1184.40 674.36 510.04 235.40 Traditional Family 1539.72 870.04 669.68 309.08 Single 543.21 340.76 202.45 93.44 PERS Two -Party 1086.42 674.36 412.06 190.18 Blue Shield HMO Family 1412.35 870.04 542.31 250.30 �\H>. �. :; ��\A. .✓%'=--.»vfi .. . ���%%BriT��^A,}.. \�")"26'il�kdial\\�.�Tn�.. � Y w \ [.. Single 457.17 340.76 116.41 53.73 PERS Two -Party 914.34 674.36 239.98 110.76 Blue Shield NetValue Family 1188.64 870.04 318.60 147.05 .z .. y , v'1'.u.fi� '•tii +l�....�...n'Ivjm •., PERS Single 489.82 340.76 149.06 68.80 Health Net Two -Party 979.64 674.36 305.28 140.90 Family 1273.53 870.04 403.49 186.23 Salud y Mas Single 568.51 340.76 227.75 105.12 PERS Two -Party 1137.02 674.36 462.66 213.54 Health Net SmartCare Family 1478.13 870.04 608.09 280.66 Ma MP Single 521.01 340.76 180.25 83.19 PERS Two -Party 1042.02 674.36 367.66 169.69 Unitedhealthcare Family 1354.63 870.04 484.59 223.66 Single 602.79 340.76 262.03 120.94 PERS Two -Party 1205.58 674.36 531.22 245.18 Kaiser Family 1567.25 870.04 697.21 321.79 �:� . r•madJsa6�'�ax.iwf�lbs'�4iNq\. e w 'i "S,'�`u. +. _ ,ew Single 612.25 450.48 161.77 74.66 PERS Two -Party 1224.50 835.78 388.72 179.41 Choice Family 1591.85 1014.31 577.54 266.56 t Single 586.32 450.48 135.84 62,70 PERS 1172.64 835.78 336.86 155.47 Select -Two-Party Family 1524.43 1014.31 510.12 235.44 ? ,• ,,' +gam.°tX ,`"<.Y,�f" ,. a - ,ye✓ Fxa J Exhibit "A" to N/A Resolution HB -345- Item 15. - 26 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION y : Ties t , Monthly -� F P..,remium Employer Employee onthl _ Mon M y� 4 o`n i oni,Ccsntributio -.... -in loyee y Coibutton PERS Care Single 638.22 450.48 187.74 86.65 Two -Party 1276.44 835.78 440.66 203.38 Family 1659.37 1014.31 645.06 297.72 _. a ;y PORAC Sin le 1 634.00 450.48 183.52 84.70 Two -Party 1186.00 835.78 350.22 161.64 Family 1507.00 1014.31 492.69 227.40 Delta Dental PPO Single 65.00 45.02 19.98 9.22 Two -Party 121.40 85.91 35,49 16.38 Family 160.00 122.18 37.82 17.46 Delta Care HMO Single 28.88 28.88 0.00 0.00 Two -Party 49.10 49.10 0.00 0.00 Family 75.10 75.10 0.00 0.00 . "�-4�` 9E� y, .,..� 4W7.5k' �„ "K�rSj' ^y� _^$.•J.: .. Y� e4 V�MSm`-' VSP Vision Single 25.94 0.00 25.94 11.97 Two -Party 25.94 0.00 25.94 11.97 Family 25.94 0.00 25.94 11.97 Medical Opt Out Benefit-. $340.76 per month (or $157.27 bi-weekly) Employee and City Contributions subject to change as a result of contract negotiations iii. Employees shall not be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee. iv. Future Premiums The City "caps" its contributions toward monthly group medical, dental and vision plan premiums by category (EE, EE + 1, and EE + 2 or more) as outlined in sections i and ii above. The City agrees to increase the contribution toward monthly group medical by $100 per plan, per tier, effective January 1, 2015. The employee and employer contributions rates set forth in sections i and ii above shall remain in effect in 2015 and beyond unless otherwise modified by a successor Non -Associated Resolution. The City's contribution caps for dental and vision in effect as of August 1, 2014 shall not be increased. The City's contribution caps will remain in place, even if premium increases result in these additional costs being borne by the employee. tem 15. - 2 / ' to N/A Resolution NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 3 Medical Cash Out If an employee is covered by a medical program outside of a City -provided program (evidence of which must be supplied to Human Resources), the employee may elect to discontinue City medical coverage and receive the monthly value of the City's contribution to the lowest cost employee -only medical plan paid bi-weekly 4 Section 125 Plan Employees shall be eligible to participate in a City -approved Section 125 Flexible Spending Account Plan the same as all other eligible employees, as provided by IRS law This plan allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or medical expenses B Life and Accidental` Death and Dismemberment Insurance Each Non -Associated employee shall be provided with $50,000 life insurance and $50,000 accidental death and dismemberment insurance paid for by the City Each employee shall have the option, at his/her own expense, to purchase additional amounts of life insurance and accidental death and dismemberment insurance to the extent provided by the City's current providers Evidence of insurability is contingent upon total participation in additional amounts C Long -Term Disability Insurance This program provides for each incident of illness or injury, a waiting period of thirty (30) calendar days during which the Non -Associated employee may use accumulated sick leave, general leave, executive leave pay Subsequent to the thirty-(30) day waiting period, the employee will be covered by an insurance plan paid for by the City providing sixty-six and two- thirds percent (66 213%) of the first $12,500 of the employee's basic monthly earnings up to a maximum monthly benefit of $8,332 50 The maximum benefit period for disability due to injury or illness shall be to age sixty-five (65) Days and months refer to calendar days and months Benefits under the plan are integrated with sick leave, Worker's Compensation, Social Security and other non -private program benefits to which the employee may be entitled Disability is defined as "The inability to perform all of the duties of regular occupation during two years and thereafter the inability to engage in any employment or occupation, for which he/she is fitted by reason of education, training or experience " Rehabilitation benefits are provided in the event the individual, due to disability, must engage in other occupation Survivor's benefits continue the plan payment for three (3) months beyond death A copy of the plan is on file in the Human Resources Department D City -Paid Physical Examinations Non -Associated employees shall be provided, once every two years, with a City -paid physical examination comparable to the current pre -placement class physical examination or reimbursed the amount authorized for said physical examination No more than one-half of the eligible employees shall receive examinations in any one fiscal year Said exam shall be comprehensive in nature and shall include A complete medical history, physical exam and review of results by physician 2 Health testing including vision, hearing, breathing, chest x-ray and stress EKG Exhibit "A" to N/A Rcsolution HB -347- Item 15. - 28 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 3 Laboratory test including standard chemical test, blood count, HDL, urinalysis and stool test for blood. E Miscellaneous When a Non -Associated employee is on a leave of absence without pay for reason of medical disability, the City shall maintain the City -paid insurance premiums during the period the employee is in a non -pay status for the length of said leave, not to exceed twenty-four (24) months F Retiree Medical Coverage for Retirees Not Eligible for the Citv Medical Retiree Subsidy Plan Employees who retire from the City after January 1, 2004, and are granted a retirement allowance by the California Public Employees' Retirement System and are not eligible for the City's Retiree Subsidy Medical Plan may choose to participate in City -sponsored medical insurance plans until the first of the month in which they turn age sixty-five (65) The retiree shall pay the full premium for City -sponsored medical insurance for themselves and/or qualified dependents without any City subsidy Employees who retire from the City and receive a retirement allowance from the California Public Employees' Retirement System and are not eligible for the City's Retiree Subsidy Medical Plan and choose not to participate in City -sponsored medical insurance upon retirement permanently lose eligibility for this insurance However, if a retiree who is not eligible for the City's Retiree Subsidy Medical Plan chooses not to participate in City -sponsored medical insurance plans because the retiree has access to other group medical insurance, and subsequently loses eligibility for that group medical insurance, the retiree and their qualified dependents will have access to City -sponsored medical insurance plans reinstated Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or qualified dependent turns age sixty-five (65) G Post-65 Supplemental Medicare Coverage Retirees who are participating in the Retiree Subsidy Medical Plan as of January 1, 2004 and all future retirees who meet the criteria to participate in City -sponsored medical insurance, with or without the Retiree Medical Subsidy Plan, may participate in City -sponsored medical insurance plans that are supplemental to Medicare, after a contract is in place between the City and a health insurance provider A retiree or qualified dependent must choose to participate in City -sponsored medical insurance plans that are supplemental to Medicare beginning the first of the month in which the retiree or qualified dependent turns age sixty-five (65) The retiree shall pay the full premium to participate in City -sponsored medical insurance plans that are supplemental to Medicare for themselves or qualified dependents without any City su bsidy tem 15. - 29 " to N/A Resolution BB -348- NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION W1 Retirees or qualified dependents, upon turning sponsored medical insurance plans that are eligibility for this insurance Benefits age 65, who choose not to participate in City - supplemental to Medicare permanently lose SECTION IV — RETIREMENT 1 Self -Funded Supplemental Retirement Benefit In the event a Non -Associated employee member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employees' Retirement law, the City shall pay the difference between such elected option and the unmodified allowance which the member would have received for his or her life alone as provided in California Government Code sections 21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as of the date of this agreement This payment shall be made only to the member (Non - Associated employee), shall be payable by the City during the life of the member, and upon that member's death, the City's obligation shall cease Unless previously excluded by employment or resolution, eligibility for this benefit is limited to employees hired before December 27, 1997 2 Medical Insurance for Retirees a Upon retirement, whether service or disability connected, each Non Associated employee shall be entitled to cause self, spouse and dependents to participate fully in the City's group health insurance program at the equivalent of the City's group premium rate in accordance with the provisions specified by Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) Such participation shall be at employee's expense and upon terms, conditions and restrictions currently in effect b As an alternative to the benefit described in paragraph IV A 2 a above, the City will provide a financial contribution towards the cost of retiree medical premiums as described in Section VI Public Employees' Retirement System Contributions and Reporting Miscellaneous Unit Members a The City shall provide all miscellaneous employees described as "classic members by the Public Employees' Pension Reform Act of 2013 — "PEPRA" with that certain retirement program commonly known and described as the "2 5% at age 55 plan" which is based on the retirement formula as set forth in the California Public Employees' Retirement System (PERS), Section 21354 of the California Government Code b Effective at the beginning of the pay period of July 19, 2014, following City Council approval of this MOU, all miscellaneous bargaining unit "classic members" shall pay to PERS as part of the required member retirement contribution eight percent (8%) of pensionable income This provision shall not sunset at the end of this agreement E-Albit "A" to N/A Rcsolution Item 15. - 3 ( NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION c The City shall contract with PERS to have retirement benefits calculated based upon the "classic" employee's highest one year's compensation, pursuant to the provisions of Section 20042 (highest single year) d The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU e For "New' Members within the meaning of the California Public Employees' Pension Reform Act of 2013 1) New Members shall be governed by the two percent at age 62 (2% @ 62) retirement formula set forth in Government Code section 7522 20 2) Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member 3) Effective January 1, 2013, "new" members as defined by PEPRA and determined by CalPERS, shall contribute one half (50%) of the normal cost as established by CalPERS 2 Safety Unit Members a The City shall provide all safety employees described as "classic" members by the Public Employees' Pension Reform Act of 2013 — "PEPRA" with that certain retirement program commonly known and described as the "3% at age 50 plan" which is based on the retirement formula as set forth in the California Public Employees' Retirement System (PERS), Section 21362 2 of the California Government Code b Effective at the beginning of the pay period of July 19, 2014, following City Council approval of this MOU, all safety employees described as "classic" members shall pay to PERS as part of the required member retirement contribution nine percent (9%) of pensionable income This provision shall not sunset at the end of this agreement c The City shall contract with PERS to have retirement benefits calculated based upon the "classic' employee's highest one year's compensation, pursuant to the provisions of Section 20042 (highest single year) d The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU e For "New" Members within the meaning of the California Public Employees' Pension Reform Act of 2013 1) New Members shall be governed by the two and seven tenths percent at age 57 (2 7% @ 57) retirement formula set forth in Government Code section 7522 25(d) tem 15. - 31 " to N/A Rmlunon HB -350- NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 2) Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member 3) Effective January 1, 2013, "new" members as defined by PEPRA and determined by CalPERS, shall contribute one half (50%) of the normal cost, as established by CalPERS 3 IRS Code Section 414(h)(2) The City has adopted the CalPERS Resolution in accordance with IRS Code section 414(h)(2) to ensure that both the employee contribution and the City pickup of the required member contribution are made on a pre-tax basis However, ultimately, the tax status of any benefit is determined by the law 4 Pre -Retirement Optional Settlement 2 Death_ Benefit Non -Associated employees shall be covered by the Pre -Retirement Optional Settlement 2 Death Benefit as identified in Section 21548 of the California Government Code when approved by the City Council 5 Fourth Level of 1959 Survivor Benefits Non -Associated employees shall be covered by the Fourth Level of the 1959 Survivor Benefit as identified in Section 21574 of the California Government Code 6 VEBA Plan Requirements a Eligibility Defined Effective December 23, 2009, all eligible Unrepresented Management Employees with 25 years of continuous service to the City of Huntington Beach will participate in the Plan An eligible employee is an employee who works twenty (20) or more hours per week and receives benefits b Employee Contributions c Leave Payout Each eligible unrepresented management employee shall designate all leave payouts to be rolled over to his/her VEBA Plan account based on the established range upon separation from City employment d Participant Account A separate account is maintained for each contributing eligible unrepresented management employee, which documents the employee's contributions and disbursements Contributions to a VEBA plan account as well as any disbursements to cover nonreimbursed, post -tax medical care expenses are both tax free Eligible benefits subject to reimbursement by the Plan shall be limited to long-term care expenses and nonreimbursed medical premiums, co -pays, prescribed drug Exhibit "A" to N/A Resolution HB -351- Item 15. - 32 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION expenses and other medical care costs as that term is defined by the Internal Revenue Code Section 213 e Administrative Fees Any Plan administrative fees will be deducted from interest on the total Plan investments An eligible unrepresented management employee's Plan account is subject to a monthly administrative fee for expenses related to recordkeeping, claims processing, and claims reimbursement The fee will first be deducted from interest on total plan investments, and then deducted, if necessary, from the employee's individual account f Dispute Resolution This Resolution and any disputes arising under or in connection with this Resolution shall not be subject to any dispute resolution procedures in the City's Personnel Rules, nor shall this Resolution and any such dispute relating thereto be subject to the jurisdiction of the City's Personnel Board for any reason whatsoever g Indemnification All Unrepresented Management Employees agree to indemnify and hold the City of Huntington Beach harmless against any claims made of any nature and against any suit instituted against the City arising from this Resolution, including, but not limited to, claims arising from an employee's participation in VEBA or from any salary reduction initiated by the City for VEBA contributions Item 15. - 33 ' to N/A Rcsolunon f B -352- NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION SECTION V — LEAVE BENEFITS A. General Leave 1. Accrual Employees will accrue General Leave at the accrual rates outlined below. General leave may be used for any purpose, including vacation, sick leave, and personal leave. General leave for non -associated employees shall be accrued as follows: dwkxt5 ";. �. An un al General Leave AElowance " .x Blweek! General Leave , �Allowiance First through Fourth Year 176 hours 6.77 Fifth through Ninth Year 200 hours 7.69 Tenth through Fourteenth Year 224 hours 8.62 Fifteenth Year and Thereafter 256 hours 9.85 2. Eligibility and Approval General leave must be pre -approved except for illness, injury or family sickness, which may require a physician's statement for approval. General leave accrued time is to be computed from hiring date anniversary. Members shall not be permitted to take general leave in excess of actual time earned. Members shall not accrue general leave in excess of six hundred forty (640) hours. Employees may not use their general leave to advance their separation date on retirement or other separation from employment. 3. Leave Benefit Entitlements The City shall comply with all State and Federal leave benefit entitlement laws. An eligible employee on an approved leave shall be allowed to use applicable earned Sick Leave, General Leave, or Executive Leave for family or personal health issues. For more information on employee leave options contact the Human Resources Department. 4. Conversion to Cash a. Pay Off at Termination An employee shall be paid for unused general leave upon termination of employment at which time such terminating employee shall receive compensation at their current salary rate for all unused, earned general leave to which they are entitled up to and including the effective date of their termination. b. Conversion to Cash Two times during each fiscal year, each permanent employee shall have the option to convert into a cash payment or deferred compensation up to a total of one hundred -twenty (120) general leave benefit hours per fiscal year. The employee shall give payroll two (2) weeks advance notice of their decision to exercise such option. Exhibit "A" to N/A Rcsolution HB -353- Item 15. - 34 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION c One Week Minimum Vacation Requirement The City Manager may require certain positions which handle money or transfer funds to take a minimum of one week, (i e , five consecutive work days) paid vacation each calendar year d Deferred Compensation Contribution at Time of Separation The value of any unused earned leave benefits may be transferred to deferred compensation at separation (including retirement), but only during the time that the employee is actively employed with the City The latest opportunity for such transfer must be the beginning of the pay period prior to the employee's last day of employment B Holidays and Pay Provisions 1 Non -Associated employees shall receive the following legal holidays as of the first pay period following adoption of the Non -Associated Resolution paid in full per the employee's regularly scheduled work shift (1) New Year's Day (January 1) (2) Martin Luther King Day (third Monday in January) (3) Presidents Day (third Monday in February) (4) Memorial Day (last Monday in May) (5) Independence Day (July 4) (6) Labor Day (first Monday in September) (7) Veteran's Day (November 11) (8) Thanksgiving Day (fourth Thursday in November) (9) The Friday after Thanksgiving (10) Christmas Day (December 25) 2 Any day declared by the President of the United States to be a national holiday or by the Governor of the State of California to be a state holiday and adopted as an employee holiday by the City Council of the City of Huntington Beach 3 For Civic Center holiday closure purposes, holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday C Sick Leave 1 Accrual No employee shall accrue sick leave Lem 15. - 35 " ro N/A Resolution HB -354- NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION 2 Credit Employees assigned to Non -Associated shall carry forward their sick leave balance and shall no longer accrue sick leave credit 3 Usage Employees may use accrued sick leave for the same purposes for which it was used prior to December 25, 1999 Sick leave shall not be used to extend absences due to work related (industrial) injuries or Illnesses, this provision shall be added to Personnel Rule 18 10 4 Payoff at Termination a Non Associated employees with continuous service with the City since November 20, 1978, shall be entitled to the following sick leave payoff plan At involuntary termination by reason of disability, or by death, or by retirement, employees shall be compensated at their then current rate of pay for seventy-five percent (75%) of all unused sick leave accumulated as of July 1, 1972, plus fifty percent (50%) of unused sick leave accumulated subsequent to July 1, 1972, up to a maximum of seven hundred and twenty hours (720) of unused, accumulated sick leave, except as provided in paragraph V C 5 d below Upon termination for any other reason, employees shall be compensated at their then current rate of pay for fifty percent (50%) of all unused accumulated sick leave, up to a maximum of 720 hours of such accumulated sick leave b Non -Associated employees hired after November 20, 1978 shall be entitled to the following sick leave payoff plan Upon termination, all employees shall be paid, at their then current salary rate, for twenty-five percent (25%) of unused, earned sick leave to 480 hours accrued, and for thirty-five percent (35%) of all unused, earned sick leave in excess of 480 hours, but not to exceed 720 hours, except as provided in paragraph V C 2 c below c Except as provided in paragraph V C 5 d below, no Non -Associated employee shall be paid at termination for more than 720 hours of unused, accumulated sick lave However, employees may utilize accumulated sick leave on the basis of "last in, first out," meaning that sick leave accumulated in excess of the maximum for payoff may be utilized first for sick leave, as defined in Personnel Rule 18-8 d Non -Associated employees who had unused, accumulated sick leave in excess of 720 hours as of July 5, 1980, shall be compensated for such excess sick leave remaining on termination under the formulas described in paragraphs V C 5 a and b above In no event shall any employee be compensated upon termination for any accumulated sick leave in excess of the "cap" established by this paragraph (I e , 720 hours plus the amount over 720 hours existing on July 5, 1980) Employees may continue to utilize sick leave accrued after that date in excess of such "cap" on a "last in, first out" basis To the extent that any such "capped" amount of excess sick leave over 720 hours is utilized, the maximum compensable amount shall be correspondingly reduced (Example Employee had 1,000 hours accumulated Six months after July 5, 1980, employee had accumulated another 48 hours Employee Exhibit "A" to N/A ReNolution NB -355- Item 15. - 36 NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION is then sick for 120 hours Employee's maximum sick leave "cap" for compensation at termination is now reduced by 72 hours to 928 ) D Bereavement Leave Employees shall be entitled to bereavement leave not to exceed twenty-four (24) hours in each instance of death in the immediate family Immediate family is defined as father, mother, sister, brother, spouse, children, grandfather, grandmother, stepfather, stepmother, step grandfather, step grandmother, grandchildren, stepsisters, stepbrothers, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the employee is the legal guardian E Voluntary Catastrophic Leave Donation Program Under certain conditions, an employee may donate leave time to another employee in need The program is outlined in Exhibit 4 SECTION VI — RETIREE SUBSIDY MEDICAL PLAN An employee who has retired from the City shall be entitled to participate in the City - sponsored medical insurance plans in accordance with the Retiree Subsidy Medical Plan as outlined in Exhibit 2 Employees hired on or after December 1, 2009, shall not be eligible for this benefit SECTION VII — MISCELLANEOUS A Collection of Payroll Overpayments In the event that a payroll overpayment is discovered and verified, and considering all reasonable factors including the length of time that the overpayment was made and if and when the employee could have reasonably known about such overpayment, the City shall take action to collect from the employee the amount of overpayment(s) Such collection shall be processed by payroll deduction over a reasonable period of time considering the total amount of overpayment In the event the employee separates from employment during the collection period, the final amount shall be deducted from the last payroll check of the employee If applicable, the balance due from the employee shall be communicated upon employment separation if the last payroll check does not sufficiently cover the amount due the City It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error The City reserves the right to also collect compensation overpayments caused by or the result of misinterpretation of a pay provision by non -authorized personnel The interpretation of all pay provisions shall be administered by the City Manager or designee and as adopted by the City Council Unauthonzed compensation payments shall not constitute a past practice (1/03/05) Item 15. - 37 to N/A Resolution 1113 -356- NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION B Uniforms and CalPERS Reporting The City provides uniforms to active duty employees in the classifications of Police Chief and Fire Chief These employees are required to wear a standard uniform for appearance, uniformity, and public recognition purposes The City will report to the California Public Employees' Retirement System (CaiPERS) the average annual cost of uniforms as special compensation for each eligible employee in accordance with Title 2, California Code of Regulations, Section 571(a)(5) EAubit "A" to N/A Resolution HB -357- Item 15. - 38 NON -ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS EXHIBIT 1 NON -ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE EFFECTIVE JULY 19, 2014 3.75% Increase (1.75% for Police Chief ) Jobs"= N o a Description; "Pay Grade !Starting Point Control Pomt.. ; ugh v Pomt EXECUTIVE MANAGEMENT 0591 City Manager NA0591 NA NA 123.31 DEPARTMENT HEADS 0510 Assistant City Manager NA0510 82.49 91.81 102.19 0009 Director of Building & Safety NA0009 71.74 79.85 88.87 0014 Director of Community Services NA0014 71.74 79.85 88.87 0008 Director of Economic Development NA0008 71.74 79.85 88.87 0574 Director of Human Resources NA0574 71.74 79.85 88.87 0479 Director of Information Services NA0479 71.74 79.85 88.87 0007 Director of Library Services NA0007 67.23 74.82 83.29 0021 Director of Planning and Building NA0021 77.69 86.48 96.25 0010 Director of Public Works NA0010 77.69 86.48 96.25 0518 Finance Director NA0518 77.69 86.48 96.25 0015 Fire Chief NA0015 82.49 91.81 102.19 0011 Police Chief NA0011 82.49 91.81 102.19 ELECTED OFFICIALS 0016 CityAttorney NA0016 96.29 107.17 119.28 0017 Cit Clerk NA0017 67.23 74.82 83.29 ELECTED OFFICIALS PART-TIME 10018ICityTreasurer - "PART-TIME NA0018 71.74 79.85 88.87 *A"nnual Sala �N 0to�Exceed:$49,800_ . CONTRACT NONI)EPARTMENT HEAD ..- JDes option µ Iid Pay Grades ;E�^ 0593 Chief Assistant City Attorney NA0593 62.08 65.50 69.10 72.89 76.90 Item 15. - 39 ' to N/A Resoiution HB -358- NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 1 NON -ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE EFFECTIVE SEPTEMBER 27, 2014 2.0%4 Increase Job No "�DescrlptlonI Al a� � t rade Starting. Point Control Point High. Poin EXECUTIVE MANAGEMENT 0591 City Manager NA0591 NA NA 1125.77 DEPARTMENT HEADS 0510 Assistant City Manager NA0510 84.14 93.64 104.24 0009 Director of Building & Safety NA0009 73.18 81.44 90.65 0014 Director of Community Services NA0014 73.18 81.44 90.65 0008 Director of Economic Development NA0008 73.18 81.44 90.65 0574 Director of Human Resources NA0574 73.18 81.44 90.65 0479 Director of Information Services NA0479 73.18 81.44 90.65 0007 Director of Library Services NA0007 68.57 76.32 84.96 0021 Director of Planning and Buildinq NA0021 79.24 88.21 98.17 0010 Director of Public Works NA0010 79.24 88.21 98.17 0518 Finance Director NA0518 79.24 88.21 98.17 0015 Fire Chief NA0015 84.14 93.64 104.24 0011 Police Chief NA0011 84.14 93.65 104.23 ELECTED OFFICIALS 0016 City Attorney NA0016 98.22 109.32 121.67 0017 City Clerk NA0017 68.57 76.32 84.96 ELECTED OFFICIALS PART-TIME 0018 City Treasurer - 'PART-TIME NA0018 73.18 81.44 90.65 Annual Sala Not to;Exceed. $50, 96 CONTRACT NON -DEPARTMENT HEAD Jo No 1 x �� Descnption . P: Y Grade B . C D ,. E'""'°" 0593 Chief Assistant City Attorney NA0593 63.33 66.81 70.48 74.35 78.44 Exhibit "A" to N/A Resolution I-s -359- Item 15. - 4( NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 2 RETIREE MEDICAL PLAN An employee who has retired from the City shall be entitled to participate in the City sponsored medical insurance plans and the City shall contribute toward monthly premiums for coverage in an amount as specified in accordance with this Plan, provided: A. At the time of retirement the employee has a minimum of ten (10) years of continuous full time City service or is granted an industrial disability retirement; and B. At the time of retirement, the employee is employed by the City; and C. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees' Retirement System. The City's obligation to pay the monthly premium as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: On the first of the month in which a retiree or dependent reaches age 65 or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City's obligation to pay monthly premiums may be adjusted downward or eliminated. Benefit coverage at age 65 under the City's medical plans shall be governed by applicable plan document. 2. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of his/her death would be eligible to receive if he/she were retired at the time of death, shall be paid on behalf of the spouse or family for a period not to exceed twelve (12) months. D. Schedule of Benefits 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 full time service with the City of Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of his/her rehire in accordance with the City's Personnel Rules. Employees hired on or after December 1, 2009 shall not be eligible for this benefit. 2. Disability Retirees Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the premium for health insurance of $121. Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. Payment shall not exceed dollar amount, which is equal to the full cost of premium for employee only. 3. Marital Status — Married retirees eligible for benefits under the Retiree Medical Subsidy Plan may each receive the benefit earned pursuant to Section 4 — tem 15. - 41 " to N/A Resolution NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION Maximum Monthly Subsidy Payments,, whether enrolled individually as the plan enrollee or whether enrolled as a dependent on any City -sponsored medical plan. a. In the case where a retiree is married to a City employee (active or retired) who is not an unrepresented/non-associated employee or retiree, this provision shall remain applicable. b. This provision shall apply to State of California registered domestic partners the same as married spouses. 4. Maximum Monthly Subsidy Payments Payment amounts may be reduced each month as dependent eligibility ceases due to death, divorce or loss of dependent child status. However, the amount shall not be reduced if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. All retirees, including those retired as a result of disability whose number of years of service prior to retirement, exceeds ten (10) years of continuous full time service, shall be entitled to maximum monthly payment of premiums by the City for each year of completed City service as follows: Maximum Monthly Payment for Retirements After: y Years of Sernce , •• a Y� - . `Subsidy 11111RPmN - fl n^�`^Rw..:C�F 10 $121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 Exhibit "A" to N/A Resolution HB -361 _ Item 15. - 4L NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION MISCELLANEOUS PROVISIONS A Eligibility 1 The effective start-up date of the Retiree Subsidy Medical Plan for the various employee groups shall be the first of the month following retirement date 2 A retiree may change plans, add dependents, etc, during annual open enrollment The Human Resources Department shall notify covered retirees of this opportunity each year 3 Years of service computed for the Retiree Subsidy Medical Plan are actual years of completed service with the City of Huntington Beach B Benefits 1 Retiree Subsidy Medical Plan includes any medical plan offered by the City to active and/or retired unrepresented/non-associated employees and retirees 2 City Plans are the primary payer for active employees age 65 and over, with Medicare the secondary payer Retirees age 65 and over have no City Plan options and are eligible only for Medicare 3 Premium payments are to be received at least one month in advance of the coverage period C Subsidies 1 The subsidy payments will pay for a Retiree Subsidy Medical Plan b HMO c Part A of Medicare for those retirees not eligible for paid Part A 2 Subsidy payments will not pay for a Part B Medicare b Any other employee benefit plan c Any other commercially available benefit plan d Medicare supplements D Medicare 1 All persons are eligible for Medicare coverage at age 65 Those with sufficient credit quarters of Social Security will receive Part A of Medicare at no cost Those without sufficient credited quarters are still eligible for Medicare at age 65, but will have to tem 15. - 43 ' to N/A Rmluw. NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION pay for Part A of Medicare if the individual elects to take Medicare In all cases, Part B of Medicare is paid for by the participant 2 When a retiree and his/her spouse are both 65 or over, and neither is eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less 3 When a retiree at age 65 is eligible for paid Part A of Medicare and his/her spouse is not eligible for paid Part A, the spouse shall not receive subsidy When a retiree at age 65 is not eligible for paid Part A of Medicare and his/her spouse who is also age 65 is eligible for paid Part A of Medicare, the subsidy shall be for the retiree's Part A only E Cancellation 1 For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply a Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the first day of the month in which the retiree reaches age 65 If such retiree was covering dependents under the Plan, dependents will be eligible for COBRA continuation benefits effective as of the retiree's 65th birthday b Dependent coverage will be eliminated upon whichever of the following occasions comes first 1) After 36 months of COBRA continuation coverage, or 2) When the covered dependent reaches age 65 in the event such dependent reaches age 65 prior to the retiree reaching age 65 c At age 65 retirees are eligible to make application for Medicare Upon being considered "eligible to make application," whether or not application has been made for Medicare, the Retiree Subsidy Medical Plan will be eliminated 2 See provisions under "Benefits," "Subsidies," and "Medicare" for those retirees/dependents not eligible for paid Part A of Medicare 3 Retiree Subsidy Medical Plan and COBRA participants shall be notified of non- payment of premium by means of a certified letter from Employee Benefits in accordance with provisions of the Non -Associated Resolution 4 A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the Plan and shall not have reinstatement rights Exhibit "A" to N/A Re�olunon HB -363- Item 15. - 4z NON -ASSOCIATED EMPLOYEE PAY AND BENEFIT PROVISIONS EXHIBIT 3 - 9180 WORK SCHEDULE This work schedule is known as "9/80". The 9/80 work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). In the event that there is a conflict with the current rules, practices and/or procedures regarding work schedules and leave plans, then the rules listed below shall govern. 9/80 WORK SCHEDULE DEFINED The 9/80 work schedule shall be defined as working nine (9) days for eighty (80) hours in a two week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for eight (8) hours (Friday), with a one -hour lunch during each work shift, totaling forty (40) hours in each FLSA work week. The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. A. Forty (40) Hour FLSA Work Week The actual FLSA workweek is from Friday at mid -shift (p.m.) to Friday at mid -shift (a.m.). No employee working the 9/80 work schedule will be able to flex their Friday start time nor the time they take their lunch break, which will be from 12:00 p.m. to 1:00 p.m. on Fridays. All employee work shifts will start at 8:00 a.m. on their Friday worked. The start of the FLSA workweek is 12:00 noon Friday. B. Two Week Pay Period The pay period for employees starts Friday mid -shift (p.m.) and continues for fourteen (14) days until Friday mid -shift (a.m.). During this period, each week is made up of four (4) nine (9) hour work days (thirty-six (36) hours) and one (1) four (4) hour Friday and those hours equal forty (40) work hours in each work week (e.g. the Friday is split into four (4) hours for the a.m. shift, which is charged to work week one and four (4) hours for the p.m. shift, which is charged to work week two). C. A/B Schedules To continue to provide service to the public every Friday, employees are to be divided between two schedules, known as the "A" schedule and the "B" schedule, based upon the departmental needs. For identification purposes, the "A" schedule shall be known as the schedule with a day off on the Friday in the middle of the pay period, or, "off on payday", the "B" schedule shall have the first Friday (p.m.) and the last Friday (a.m.) off, or "working on payday". An example is listed below: � . mom �ooaaaaoo �a�ssam000naa0000as tem 15. - 45 " to N/A Rcsolution 1113 -364- NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION D A/B Schedule Chanqes FLSA exempt employees may change A/B schedules at the beginning of any pay period with supervisor or City Manager approval E Emergencies All employees on the 9/80 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Manager, or designee may require such service from any of said employees LEAVE BENEFITS When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9) hours of eligible leave per workday shall be charged against the employee's leave balance or eight (8) hours shall be charged if the day off is a Friday All leaves shall continue under the current accrual, eligibility, request and approval requirements 1 General Leave —As stated in the Non -Associated Resolution 2 Sick Leave —As stated in the Non -Associated Resolution 3 Executive Leave —As stated in the Non -Associated Resolution 4 Bereavement Leave —As stated in the Non -Associated Resolution 5 Holidays - As stated in the Non -Associated Resolution 6 Jury Duty — The provisions of the Personnel Rules shall continue to apply, however, if an FLSA exempt employee is called to serve on jury duty during a normal Friday off, Saturday, or Sunday, or on a City holiday, then the jury duty shall be considered the same as having occurred during the employees day off work, therefore, the employee will receive no added compensation Exhibit "A" to N/A Rc �olunon RB -365- Item 15. - 4E NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION EXHIBIT 4 - VOLUNTARY CATASTROPHIC LEAVE DONATION Guidelines 1 Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either, return to work, long-term disability, or medical retirement Permanent employees who accrue vacation, general leave or compensatory time may donate such leave to another permanent employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member The leave -sharing Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit Nothing in this program is intended to change current policy and practice for use and/or accrual of vacation, general, or sick leave 2 Definitions Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the employee or an employee's family member Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner) 3 Eligible Leave Accrued compensatory, vacation or general leave hours may be donated The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours 4 Eligibility Permanent employees who accrue vacation or general leave may donate such hours to eligible recipients Compensatory time accrued may also be donated An eligible recipient is an employee who • Accrues vacation or general leave, • Is not receiving disability benefits or Workers' Compensation payments, and • Requests donated leave 5 Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's regular salary during the employee's period of approved catastrophic leave Donations will be voluntary, confidential and irrevocable Hours donated will be converted into a dollar amount based on the hourly wage of the donor The dollar amount will then be converted into accrued hours based on the recipient's hourly wage An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval The Department Director will forward the form to Human Resources for processing Human Resources, working with the department, will send out the request for leave donations tem 15. - 47 „ to N/A Reeoluhon NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION Employees wanting to make donations will submit an Authorization for Donation to the Human Resources Division (payroll) All donation forms submitted to payroll will be date stamped and used in order received for each bi-weekly pay period Multiple donations will be rotated in order to insure even use of time from donors Any donation form submitted that is not needed will be returned to the donor 6 Other Please contact the Human Resources Department with questions regarding employee participation in this program Exhibit "A" to N/A Resolution uR - 10. Item 15. - 4� NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION Voluntary Catastrophic Leave Donation Program Leave Request Form Requestor, Please Complete According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated vacation, general leave or compensatory time. MY SIGNATURE CERTIFIES THAT: • A Leave of absence in relation to a catastrophic illness or injury has been approved by my Department; and • 1 am not receiving disability benefits or Workers' Compensation payments. ame: (Please Print or Type: Last, First, MI) i ork Phone: !Department ob Title: `Employee ID#: iRequester Signature: ; Date: Department Director Signature of Support: .Department= �. Onl'�`` ff i Length of:FM, Return,o;work HumanResod rcesDirecto ig Please submit this form to the Human Resources Department. I I s. NON -ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete fonor Name (Please Print or Type Last, First, MI) � ork Phone ]Donor Job Title ,Type of Accrued Leave Number of Hours I wish to Donate f ❑ Vacation Hours of Vacation ❑ Compensatory Time Hours of Compensatory Time ❑ General Leave Hours of General Leave I understand that this voluntary donation of leave credits, once processed, is irrevocable, but if not needed, the donation will be returned to me I also understand that this donation will remain confidential I wish to donate my accrued vacation, comp or general leave hours to the Leave Donation Program for Eligible recipient employee's name (Last, First, MI) r Signature Please submit to the Human Resources Department. Fxhibit "A" to N/A Resolution uD I tin TtPm 1 5 - 5 ( Res. No. 2014-32 STATE OF CALIFORNIA COUNTY OF ORANGE j ss: CITY OF HUNTINGTON BEACH j I, JOAN L FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven, that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on July 7, 2014 by the following vote AYES: Katapodis, Hardy, Shaw, Boardman, Sullivan, Carchio NOES: Harper ABSENT: None ABSTAIN: None . 4i�� T Ar City (Mrk and ex-officioMerk of the City Council of the City of Huntington Beach, California Item 15. - 51 xB -370-