HomeMy WebLinkAboutHBFA - Firefighters Association - 2000-11-20svc
CITY OF HUNTINGTON BEACH
i
MEETING DATE: October 6, 2003 DEPARTMENT ID NUMBER: AS-03-40
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ® Denied
City Clerk's Signatu06
Council Meeting Date: October 6, 2003
Department ID Number: AS-03-40
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION o
� n
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL N o--�i-<c�''-s
cri r— l
SUBMITTED BY: RAY SILVER, City AdministratoraAR D D'' G
PREPARED BY: CLAY MARTIN, Director of Administrative Services C-
:_I-
SUBJECT: ADOPT RESOLUTIONS APPROVING SIDE LETTERS TO
MEMORANDA OF UNDERSTANDING BETWEEN THE CITY AND
THE . POLICE OFFICERS'" ASSOCIATION, : THE. PIR_.E
ASSOCIATION; AND THE MARINE SAFETY OFFICERS'
ASSOCIATION
�� s .►�o . a o0�3-`-1 � �-00�-`1``� � � 00 3-`l S
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
The Fair Labor Standards Act requires that a written agreement be in place to allow
compensatory time to be given in lieu of paid overtime. This provision is included in the
Memoranda of Understanding (MOU) between the City and the various employee
associations. The MOUs with the Police Officers Association, (POA) the Huntington Beach
Fire Association (HBF-A) and the Marine Safety Officers' Association (MSOA) expire on
September 30, 2003. This side letter would extend the agreement to provide compensatory
time in lieu of paid overtime until new MOUs are in effect.
Funding Source:
The ability to provide compensatory time results in the reduction of paid overtime.
Recommended Action:
Motion to:
1. Adopt Resolution No.a , a resolution of the City Council of Huntington Beach
amending the Memoranda of Understanding between the City of Huntington Beach and
the Huntington Beach Police Officers' Association regarding compensatory time.
P:\RCA\comp time side letters.doc 9/22/2003 1:17 PM
REQUEST FOR ACTION
MEETING DATE: October 6, 2003 DEPARTMENT ID NUMBER: AS-03-40
2. Adopt Resolution No-�DU3 A a resolution of the City Council of Huntington Beach
amending' the Memoranda of Understanding between the City of. Huntington ,Beach and
the Huntington Beach Firefghters' Association regarding compensatory time.
3. Adopt Resolution No a003 ` 5 a resolution of the City. Council of Huntington Beach
amending the Memoranda of Understanding between the City of Huntington Beach and
the Huntington Beach Marine Safety Officers' Association regarding compensatory time.
Alternative Action(s):
Allow the MOUs to expire; therefore ending the agreement, resulting in a cash out" of all
current compensatory time accrued and eliminating the ability to provide compensatory time
until new MOUs are in effect.
Analysis:
The City is currently in negotiations for new MOUs with the POA, the HBFA and the _MSOA.
The adoption of this resolution will ensure the ability to continue to provide employees
compensatory time in lieu of paid overtime until new MOUs are in effect.
Attachment(s):
City Clerk's
1.
Resolution for POA, including Side Letter as Exhibit A a)601 .'13
2.
Resoldtion_f6r HBFA., ri6idding Side- Leiter as Exhibit A a oo 3-1 A
3.
Resolution for MSOA, including Side letter as Exhibit A aoo3-`A S
RCA Author: Sharon Hennegen
PARCA\comp time side letters.doc 7- 9/22/20031:17 PM
ATTACHMENT #2
RESOLUTION NO. Q 003-'] L�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH
AND HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
REGARDING COMPENSATORY TIME
WHEREAS, the City Council of the City of Huntington Beach desires to modify benefits
for employees represented by the Huntington Beach Firefighters' Association, regarding
compensatory time,
NOW, THEREFORE, the City Council of the City of Huntington Beach resolves as
follows:
l . The Side Letter of Agreement, with effective date of C)Cz. / , 2003, to
Memorandum of Understanding (M.O.U.) Between the City of Huntington Beach and the
Huntington Beach Firefighters' Association, a copy of which is attached hereto and by reference
made a part hereof, is hereby approved and ordered implemented in accordance with the terms
and conditions thereof.
2. The City. Administrator is authorized to execute this Side Letter on behalf of the
City.
3. The Side Letter shall be effective for the term of the current M.O.U. adopted by
Resolution No..2Aoo -`71 and such additional term as referenced in the Side Letter.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the Jp7l* day of 6e7jDbaZ- , 2003.
4�
City Clerk /%%st
REVIEWED AND APPROVED:
�a
City Adritf strator
Mayor
APPROVED AS TO FORM:
-^City Attorney
MATED AND AtKR VED:
Fire Chief
03reso/side letter-03/9/8/03
3
Res. No. 2003-74
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH ') -
I, CONNIE BROCKWAY, 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 an regular meeting thereof held on the Cth
day of October, 2003 by the following vote:
AYES:
Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES:
None
ABSENT:
Sullivan
ABSTAIN:
None
City Clerk and ex-offi o Clerk of the
City Council of the City of
Huntington Beach, California
Side Letter of Agreement - Compensatory Time
Between the City of Huntington Beach and the
Huntington Beach Firefighters' Association
Effective Date: October 1, 2003-
This is to memorialize an agreement between the City of Huntington Beach (City) and the
Huntington Beach Firefighters' Association (HBFA) to reflect agreed upon changes to
compensatory time off.
The City and the HBFA agree that the provisions of Article VII(D)(2)(b) (Compensatory Time)
will remain in effect from October 1, 2003 until such time as the parties agree to a new
Memorandum of Understanding. It is the intent of the parties that this side letter satisfy the
requirements of the Fair Labor Standards Act, which provides that compensatory time may be
made available to employees if an agreement to do so exists.
Date: �V , 2003
Date: l 2003
Approved as to form:
nni er t4cGrath
By: I V1 Wvr 6 1 ` V yv / J
William P. Workman
Assistant City Admini ator
By:
Huntir4ton Beach Firefighters' Association
•
Huntington Beach Firefighters Association
(January 12, 2004 Council Meeting)
My name is Donald Boland (B-O-L-A-N-D) and I am a member of the Huntington
Beach Firefighters Association.
"We share your concerns regarding the future uncertainties
connected with health insurance premiums and coverage. We recognize
that you, like we, are sensitive to the risks involved under each of the
potential courses of action that are available. None of us has a crystal
ball and each of us is trying to pursue an approach that will produce the
least drastic long-term consequences.
Where we disagree is over the issue of which party should make
the decision as to which is the least risky or most beneficial course of
action. Under your current approach, the employees bear the
consequences of the decision (those consequences being higher premium
increases than would have been the case under an alternative approach)`
yet the City gets to make the decision. We strongly believe that\
whichever party suffers the consequences of the decision should be the
one who makes the decision as to which approach to pursue.
e
As far as we are concerned, the Firefighters' Association is willing
to let you have your choice as to which role the City should play. If the
City wishes to reserve the right to choose which course of action should
be pursued, then it should assume the risk by agreeing to pay all increased
premiums. On the other hand, if the City does not wish to assume that
risk then the employee organizations should be the ones who determine
their own fate and decide which course of action to pursue. In other 114
words, if the City wants to put the burden on the employees to be liable 9
for any premium increases through the imposition of caps on the City's 90
contribution level, the employees should be the ones who get to decide
which course of action is likely to produce the least amount of increased
premiums." \
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CITY OF HUNTINGTON BEACH
MEETING DATE: December 16, 2002 DEPARTMENT ID NUMBER: AS-02-055
Council/Agency Meeting Held: /4z Z-
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
'' 7
City Clerk's S nature
Council Meeting Date: December 16, 2002
Department ID Number: AS-02-055
SUBMITTED TO:
SUBMITTED BY:
PREPARED BY:
SUBJECT:
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
HONORABLE MAYOR AND CITY COUNCIL
RAY SILVER, CITY ADMINISTRATORP71wi'
��s ii/vao, /3 I
WILLIAM P. WORKMAN, ASSISTANT CITY ADMINISTRATOR\1
CLAY MARTIN, DIRECTOR OF ADMINISTRATIVE SERVICES
ADOPT RESOLUTION APPROVING SIDE LETTER
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
Fstatement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
As required by the 2000-2003 Huntington Beach Firefighters' Association Memorandum of
Understanding the city and Firefighters' Association have come to a side letter of agreement
regarding health insurance for calendar 2003.
Funding- Source:
Funding is included in the Fiscal Year 2002/2003 Budget. The total annual cost to implement
the Side Letter of Agreement with the Huntington Beach Firefighters' Association is
approximately $183,000.
Recommended Action:
Adopt Resolution No. a0,9a,./-3 a resolution of the City Council of Huntington Beach
amending the Memorandum of Understanding between the City and the Huntington Beach
Firefighters' Association by adopting the side letter of agreement.
Alternative Action(s):
Reject the resolution and maintain the current health insurance premiums caps.
H:\RCA's\hbfa side letter.doc 12/5/2002 8:49 AM
REQUEST FOR ACTION
MEETING DATE: December 16, 2002 DEPARTMENT ID NUMBER: AS-02-055
Analysis:
Representatives of the city and the Huntington Beach Firefighters' Association (HBFA) have
completed the meet and confer process on a side letter of agreement for health benefits for
the 2003 calendar year.
Effective January 4, 2002 employees will share in the cost for 2003 medical, dental, and
vision increases. Depending on the category of coverage selected by each employee in the
medical, dental, and vision plans, employees will be contributing through a pre-tax payroll
deduction between approximately $160.00 and $890.00 per year to offset the cost of 2003
health insurance increases.
Year 2003 Premiums
The city "caps" its contributions for 2003 premiums at the level set forth in the chart
below:
Monthly City
City Plan
HMO
Dental
Dental
Vision
.Paid Premium
(PPO)
(PMI)
EE
$336.05
$236.31
$42.88
$23.00
$17.58
EE + 1
664.53
517.79
81.82
39.11
17.58
EE + 2'or more '
813.62
682.46
116.36
59.81
17.58
Employee bi-weekly payroll deduction contributions for 2003 premiums are set forth in
the chart below:
Bi 1Nee6dy
Dental
Dental
Employee Paid
City Plan
HMO
(PPO)
(PMI)
Vision
Premium
EE
$12.00
$5.95
$1.89
$0.00
$0.23
EE + 1
23.72
13.05
3.66
0.00
0.23
EE + 2` or more
29.04
17.20
5.12
0.00
0.23
Attachment(s):
RCA Author: William McReynolds
H:\RCA's\hbfa side letter.doc -3'- 12/5/2002 8:49 AM
RESOLUTION NO. 2002-131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH
FIREFIGHTERS' ASSOCIATION BY ADOPTING THE SIDE LETTER OF
AGREEMENT AND AUTHORIZING THE CITY -ADMINISTRATOR
TO EXECUTE THE SIDE LETTER OF AGREEMENT
WHEREAS, on December 20, 2000, the City Council of Huntington Beach adopted
Resolution No. 2000-113 for the purpose of adopting the 2001/03 Memorandum of Understanding
(MOU) between the City and the Huntington Beach Firefighters' Association (HBFA);
Subsequent to the adoption of the MOU, the City of Huntington Beach and the HBFA
agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of
Agreement between the City of Huntington Beach and the HBFA ("Side Letter of Agreement")
attached hereto as Exhibit A and incorporated herein by this reference.
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Huntington Beach as follows:
l . That the Side. Letter of Agreement is approved and adopted.
2. That the Side Letter of Agreement amends the MOU between the City of Huntington
Beach and the HBFA.
3. That the City Administrator is authorized to execute the Side Letter of Agreement.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 16th day of December , 2002.
ATTEST:
City lerl
REVIEWED AND APPROVED:
City Admi strator
Mayor
APPROVED AS TO FORM:
jity Attorney l s
INITIATE \ PPROVED:
Director o ministra ' e Services
01 reso/mou-hbpma/ 12/5/02 I
EXHIBIT A
Amendment to Memorandum -of -Understanding between the
City of Huntington Beach and the Huntington Beach Firefightees Association
Effective Date: January 4, 2003
Pursuant to the mreopener" set forth in Article 1/1ll.A.4.d of the
Memorandum -of -Understanding (MOU) between the City of Huntington Beach
and the Huntington Beach Firefighter's Association covering the period from
October 1, 2000 through September 30, 2003, the parties have met and
conferred in good faith and agreed upon the following amendment to that MOU.
Unless the parties agree otherwise, this amendment is to be incorporated
into any future MOU between the City of Huntington Beach and the
Huntington Beach Firefighter's Association.
As a result of this amendment, Article VIII A.4.d. and A.7. shall now read:
ARTICLE Vill HEALTH AND OTHER INSURANCE BENEFITS
A. Health
4. Eligibility Criteria and Cost:
d. Year 2003 Premiums
The city caps" its contributions for 2003 premiums at the level
set forth in the chart below:
Monthly City
Paid Premium
City Plan
HMO
Dental
(PPO)
Dental
(PMI)
Vision
EE
$ 336.05
$ 236.31
$ 42.88
$ 23.00
$ 17.58
EE + 1
664.53
517.79
81.82
39.11
17.58
EE+2ormorel
813.62
682.46
116.36
59.81
17.58
Employee bi-weekly payroll deduction contributions for 2003
premiums are set forth in the chart below:
Bi-eekiy
Employee Paid
Pren'ium
City Plan
HMO
Dental
(PPO)
Dental
(PMl)
Vision
EE
$ 12.00
$ 5.95
$ 1.89
$ 0.00
$ 0.23
EE + 1
23.72
13.05
3.66
0.00
0.23
EE + 2 or more
29.04
17.20
5.12
0.00
0.23
Future Premiums
The city "caps" its contributions toward monthly group
medical, dental and vision plan premiums, by category (EE,
EE + 1, and EE + 2 or more) and plan, at the year 2003
level.
Until the City Council approves a successor Memorandum -
of -Understanding, the city's 2003 contribution caps will
remain in place in 2004 and beyond, even if premium
increases result in these additional costs being borne by the
employee.
7. Section 125 Plan
Employees may begin utilizing this plan, which allows employees to
use pre-tax salary to pay for regular childcare, adult dependent care
andlor medical expenses.
C X M h i 4- 'A „ & A >to a o da -!j 1
IN WITNESS WHEREOF, the parties hereto have executed this
amendment to the Memorandum -of -Understanding this day of December,
2002_
HUNTINGTON BEACH
CITY OF HUNTINGT N B CH FIREFIGHTER'S ASSOCIATION
William P. Workman rick C. Fee, HBFA President
Assistant City Administrator
Clay Marti obert L. Glenn, HBFA Vice -President
Director of Administrative Services
APPROVED AS TO FORD:
J nnifer M. NkGrath
ity Attorney
Res. No. 2002-131
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 an regular meeting thereof held on the 16tn
day of December, 2002 by the following vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio C rk of the
City Council of the City of
Huntington Beach, California_
RCA ROUTING SHEET
INITIATING DEPARTMENT: ADMINISTRATIVE SERVICES
SUBJECT: ADOPT RESOLUTION APPROVING SIDE LETTER TO
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY AND THE HUNTINGTON BEACH FIREFIGHTERS'
ASSOCIATION
COUNCIL MEETING DATE: December 16, 2002
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Attached
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attome
Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement Unbud et, over $5,000
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
EXPLANATION FOR RETURN OF ITEM:
RCA Author: William McReynolds
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Condi ionally Approved U Denied
te,' y CYOVEL ignatureL"T..-.
Council Meeting Date: NovemLr 20, 2000
Department ID Number 'AS 00-042,.
CITY OF HUNTINGTON BEACH
REQUEST''FOR COUNCIL ACTION
s ..
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ='
gym,
SUBMITTED BY: RAY SILVER, City Administrator 0?4r.#,0
PREPARED BY: CLAY MARTIN, Acting Director of Administrative Services
SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND
THE HUNTINGTON BEACH FIREFIGHTERS' ASSO?,CIATMON
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: The City and the Huntington Beach Firefighters' Association have
completed the meet and confer process with agreement on a new Memorandum of
Understanding (MOU) covering October 1, 2000 through September 30, 2003.
Funding Source: General Fund, $97,172. Approved as part of 2000/02 budget.
Recommended Action:
�U
1. Approve Resolution No. 113 adopting a Memorandum of Understanding
between the City of Huntington Beach and the Huntington Beach Firefighters'
Association (HBFA).
2. Authorize the appropriation of $97,172 to pay the increased salary and benefit
costs for 2000/01.
Alternative Action(s): Refer back to meet and confer process to modify the proposed
Memorandum of Understanding with the Huntington Beach Firefighters Association.
Analysis: The representatives of the City and Firefighters Association conducted numerous
meet and confer meetings in 2000 to reach agreement on a new MOU. On October 26, 2000
the City and HBFA mutually agreed to the adoption of a new Memorandum of Understanding
(MOU).
This is a three (3) year agreement to expire September 30, 2003. It includes an approximate
eleven percent (11 %) salary increase September 30, 2000; a three percent (3%) salary
increase on September 29, 2001; a two percent (2%) salary increase on March 30, 2002; a
two percent (2%) salary increase on September 28, 2002; and a three percent (3%) salary
increase on March 29, 2003.
REQUEST FOR COUNCIL ACTION
MEETING DATE: November 20, 2000 DEPARTMENT ID NUMBER: AS 00-042
The September 2000 salary increase was included in the fiscal year 2000/02 budget. The
City agreed to increase the City contribution to medical, dental and vision to cover any
increase costs during the first two years of the MOU. The association agreed to specific cost
containments in the year 2001, with the ' elimination of the two-tier medical for new
employees. The City agreed to provide the "3% @ 50" retirement plan in June of 2001; while
the association agreed to pay for future City retirement costs up to a maximum of 2.25% from
the PERS salary reimbursement.
The City and Association agreed to language changes regarding long-term disability plan,
preventive medical care, fifteen (15) day FLSA work period, uniform policy, leave benefits
and personnel rule changes. A summary of the agreement is attached.
Attachment(s): List attachment(s) below.
Summary of Tentative Agreement
2. Resolution /jo •
Exhibit — Memorandum of Understanding between the City of
Huntington Beach and the Huntington Beach Firefighters'
Association, October 1, 2000 through September 30, 2003.
3. I Fiscal Impact Statement
4. HBFA MOU Legislative Draft
RCA Author: William H. Osness
00-03 HBFA MOU -2- 11/15/00 9:36 AM
1
CITY OF HUNTINGTON BEACH
SUMMARY THREE YEAR AGREEMENT
WITH HUNTINGTON BEACH FIREFIGHTERS
_., ASSOCIATION
1. TERM OF CONTRACT
October 1, 2000 to September 30, 2003
2. SALARY
Current Salary Levels
Position
Firefighter
Firefighter/Paramedic
Fire Engineer
Fire Captain
Deputy Fire Marshal
Monthly E-Step Rate
$4,079
$4,759
$4,759
$5, 364
$5, 988
Fire Protection Specialist $4,978
First Year — (October 1, 2000)
Position
Firefighter
Firefighter/Paramedic
Fire Engineer
Fire Captain
Deputy Fire Marshal
Monthly E-Step Rate
$4,529
$5, 286
$5,286
$5,959
$6, 651
Fire Protection Specialist $5,529
October, 2001
Percentage Increase
11.05%
11.07%
11.07%
11.09%
11.07%
11.07%
The City will provide a 3% salary increase to the above classifications.
April, 2002
The City will provide a 2% salary increase to the above classifications.
October, 2002
The City will provide a 2% salary increase to the above classifications.
April, 2003
The City will provide a 3% salary increase to the above classifications.
3. HEALTH
Annual Increase
$5,400
$6, 324
$6,324
$7,140
$7,956
$6,612
The City proposes to increase City contributions to the City's Medical, Dental, and Vision
plans to cover added cost for FY 00/01 and FY 01/02 and eliminate two -tiering of medical
plan and the association agrees to the following:
Page 1
• Health Net HMO
2 of the 3 following Cost Containments in the City Plan:
1. Deductible increase from $150 to $200 per individual and
$450 to $500 per family.
2. Out of Network co -payment reduced from 70% to 60%
3. Out of Pocket maximum increased from $1,000 to $1,500 per individual
and $2,000 to $3,500 per family.
If projected plan costs exceed 10% :for: 2003, the City will meet and confer on plan costs -
and cost containments prior to August 1, 2002 at Association's request.
4. RETIREMENT
City will provide .the "3% @ 50" benefit on June 30, 2001 and the Huntington Beach
Firefighters Association agrees to pay one-half of the cost, a maximum of 2.25% of PERS
salary, when the City incurs a cost.
5. PHYSICAL FITNESS
City will increase contribution to physical fitness from $100 per fiscal year to $150 per fiscal
year, eligibility after 90 days of participation in physical fitness program.
6. LONG TERM DISABILITY PLAN
The Huntington Beach Firefighters Association agrees to a City audit of its Association -
administered LTD plan, and the City's payment for LTD premiums shall not exceed $38 per
month per employee.
7. MEDICAL CASH -OUT
Allows an employee who is covered by a medical program outside of the City -provided
program (evidence of which must be supplied to Administrative Services Department,
Benefits and Payroll Division) to elect to drop City medical coverage and receive two
hundred dollars ($200) per month to deposit into their deferred compensation account or
any other pre-tax program offered by the City.
8. IRS SECTION 125 PROGRAM
Effective January 2001 employees may begin utilizing an IRS section 125 Program, where
employees may use pre-tax dollars to pay for annual dependent care and/or medical
expenses.
9. HEALTH PLAN — PREVENTIVE CARE
To Employee Health Plan Document, Part IX — Basic Benefits, new Paragraph G —
Preventive Medical Care shall be revised to provide up to $200 per person every year for
preventive medical care and eliminate first year well -baby exams and infant/adult
immunizations from $200 maximum.
10. LEVEL PAY
Article VIII. F.1 shall be revised to reflect a 15-day FLSA work period.
Page 2
11. FLEET MANAGEMENT PROGRAM
The Huntington Beach Firefighters Association agrees to the policies contained in the City's
Fleet Management Program as regards employees using City vehicles or assigned a City
vehicle.
12. SIDE LETTER
Previously agreed -upon side -letter on Fire Engineer qualifications, dated March 1, 2000
shall be incorporated into this MOU..
13. ARTICLE VI — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT
Delete appeal to Uniform Advisory Committee.
14. ARTICLE X — LEAVE BENEFITS
Language changes to account for conversion from a 56-hour work week to a 40-hour work
week.
15. PERSONNEL RULES
As reflected in Article XI — City Rules of the MOU, the City and Association agree to modifications
and/or revisions regarding Personnel Rules on: Order of Certification, Cause for Discipline,
Temporary Employees, Pay Adjustments and Disciplinary Procedure.
Page 3
ATTACHMENT #2
RESOLUTION NO. 2000-113
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING AND
IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE HUNTINGTON BEACH FIREFIGHTERS ASSOCIATION
AND
THE CITY OF HUNTINGTON BEACH FOR
OCTOBER 1, 2000, TO SEPTEMBER 30, 2003
The City Council of the City of Huntington Beach does resolve as follows:
The Memorandum of Understanding between the City of Huntington Beach and the
Huntington Beach Firefighters Association, a copy of which is attached hereto as Exhibit "A"
and by reference made a part hereof, is hereby approved and ordered implemented in accordance
with the terms and conditions thereof, and the City Administrator is authorized to execute this
Agreement. Such Memorandum of Understanding shall be effective for the term October 1, 2000,
to September 30, 2003.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at
a regular meeting thereof held on the 20th
ATTEST: /
owl
City Clerk 12—�
REVIEWED AND APPROVED:
City Ad inistrator
day of November 2000.
J, .I
ter`._ s
APPROVED AS TO FORM:
City Attorney - 13
INITIATE AND APPROVED:
- q___
Director Or dministrativeee ices
adl/00reso/Fire MOU
RLS 2000-1093 - 11-13-00
Res. No. 2000-113
Fire MOU
TABLE OF CONTENTS Res. No. 2000-113
ARTICLE I - REPRESENTATIONAL UNIT/CLASSIFICATIONS..................................................................................... I
ARTICLE II — EXISTING CONDITIONS OF EMPLOYMENT..........................................................................
ARTICLE III - SEVERABILITY............................................................................................................................................... 2
ARTICLEIV — SALARY SCHEDULES................................................................................................................................... 2
ARTICLEV — SPECIAL PAY.................................................................................................................................................... 2
A.
EDUCATION...........................................................................................................................................................................2
1.
Incentive Plan................................................................................................................................................................... 2
a. Level .............................................................................................................................................................................................2
b. Level II...............................................................................................2
............................................................................................
C. Degree Majors................................................................................................................................................................................ 3
d. Education Committee..................................................................................................................................................................... 3
e. Effective Date................................................................................................................................................................................. 3
f. Previous Benefits............................................................................................................................................................................ 3
B.
ACTING ASSIGNMENTS.......................................................................................................................................................... 3
C.
ADMINISTRATIVE APPOINTMENTS.........................................................................................................................................3
1.
Administrative Appointments........................................................................................................................................... 3
2.
Pay Upon Completion ofAdministrative Appointment....................................................................................................4
D.
PAY UPON COMPLETION OF PARAMEDIC DUTIES..................................................................................................................4
E.
SPECIAL CERTIFICATION/SKILL PAY...................................................................................................................................... 5
1.
State Board of Fire Service Certification......................................................................................................................... 5
2.
Paramedic Recertification................................................................................................................................................ 5
3.
Firefighter Tiller Certification......................................................................................................................................... 5
a. Tiller Certification.......................................................................................................................................................................... 5
b. Class B Driver License................................................................................................................................................................... 5
C. Light Air Unit................................:............................................................. ................................................................................... 5
4.
Hazardous Materials Team Responder............................................................................................................................ 5
5.
Bilingual Skill................................................................................................................................................................... 5
6.
Fire Protection Specialist................................................................................................................................................. 5
F.
HOLIDAY PAY-IN-LIEU..........................................................................................................................................................6
G.
REPORTABLE TO PERS.......................................................................................................................................................... 6
ARTICLE VI — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT............................................................................6
A. UNIFORMS PROVIDED BY CITY..............................................................................................................................................6
B. UNIFORM ALLOWANCE/FITNESS............................................................................................................................................6
C. UNIFORM CARE AND REPLACEMENT..................................................................................................................................... 7
D. UNIFORM POLICIES AND ADVISORY COMMITTEE...................................................................................................................7
E. REPORTABLE TO PERS.......................................................................................................................................................... 7
ARTICLE VII — HOURS OF WORK/OVERTIME................................................................................................................. is
A.
WORK SCHEDULE.................................................................................................................................................................. 8
B.
HOURS OF WORK - DEFINED.................................................................................................................................................. 8
C.
LEVEL PAY PLAN...................................................................................................................................................................9
D.
OVERTIME/COMPENSATORY TIME......................................................................................................................................
10
LPaid Overtime................................................................................................................................................................
10
2. Compensatory Time........................................................................................................................................................
10
a. Non-Exempt.................................................................................................................................................................................
10
b. Staff Personnel..............................................................................................................................................................................
10
C. Compensatory Time Paid Off.......................................................................................................................................................
11
3. Callhack.........................................................................................................................................................................11
4. Mandatory Standby........................................................................................................................................................11
5. Pagers............................................................................................................................................................................11
6. Required Training Attendance.......................................................................................................................................
11
036286.01 -i- 11/13/00 5:14 PM
—Fire MOU
TABLE OF CONTENTS Res. No.2000-113
7.
Cancellation of Overtime...............................................................................................................................................
12
8.
Court Time.....................................................................................................................................................................12
9.
Pay Out of Rank.............................................................................................................................................................12
E.
JURY DUTY..........................................................................................................................................................................
12
F.
SHIFT EXCHANGE/RELIEF....................................................................................................................................................13
G.
ASSIGNED SHIFT POLICY.....................................................................................................................................................
13
H.
MINIMUM STAFFING AND FILLING VACANCIES....................................................................................................................13
1.
Minimum Staffing Levels ................................................................................................................................................13
ARTICLE VIII — HEALTH AND OTHER INSURANCE BENEFITS................................................................................13
A.
HEALTH...............................................................................................................................................................................
13
1.
Medical...........................................................................................................................................................................13
2.
Dental.............................................................................................................................................................................14
3.
Optical............................................................................................................................................................................14
4.
Eligibility Criteria and Cost...........................................................................................................................................14
5.
Plan Changes to City Medical Plan (Effective January 1, 2001)..................................................................................15
6.
Medical Cash Out...........................................................................................................................................................16
7.
Section 125 Plan............................................................................................................................................................16
B.
LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT.......................................................................................................
16
1.
Life..................................................................................................................................................................................16
2.
Accidental Death and Dismemberment..........................................................................................................................17
C.
LONG TERM DISABILITY......................................................................................................................................................
17
D.
SURVIVOR'S BENEFIT— LEVEL III.......................................................................................................................................
17
E.
MISCELLANEOUS.................................................................................................................................................................17
ARTICLE
IX — RETIREMENT...............................................................................................................................................17
A.
BENEFITS.............................................................................................................................................................................
17
1.
Public Employees' Retirement System...........................................................................................................................
17
2.
Self -Funded Supplemental Retirement Benefit................................................:..............................................................18
3.
Medical Insurance for Retirees......................................................................................................................................
19
B.
PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING.................................................................
20
1.
Employee's Contribution................................................................................................................................................
20
2.
Rollover...................................................................................................................................•.....................................20
3.
Reporting of Base Salary ................................................................................................................................................
20
C.
REINSTATEMENT PRIVILEGES FOR DISABILITY RETIREES....................................................................................................21
ARTICLEX - LEAVE BENEFITS....................................................................................................0.................................... ll
A.
LEAVE WITH PAY.................................................................................................................................................................21
1.
Vacation.........................................................................................................................................................................
21
a.
Accrual.........................................................................................................................................................................................21
C.
Eligibility and Permission............................................................................................................................................................
22
d.
Conversion to Cash.......................................................................................................................................................................
22
e.
Pay -Off at Termination.................................................................................................................................................................
23
2.
Sick Leave.......................................................................................................................................................................
23
a.
Accrual.........................................................................................................................................................................................23
b.
Pay -Off at Termination.................................................................................................................................................................
23
C.
Utilization in Conjunction with Industrial Disability Leave.........................................................................................................
24
3.
Family Sick Leave ................................ ......................................................................................................
.................... 24
a.
Twenty -Four (24) Hour Shift Employees.....................................................................................................................................
24
b.
All Others ................................................... ...................................................................................................
............................... 24
C.
Authorization................................................................................................................................................................................24
4.
Bereavement...................................................................................................................................................................24.
5.
Association Business......................................................................................................................................................
24
ARTICLEXI — CITY RULES.................................................................................................................................................. 25
APERSONNEL RULES.............................................................................................................................................................. 25
036286.01 -ii- 11/13/00 5:14 PM
Fire MOU
TABLE OF CONTENTS Res. No.2000-113
BPRECEDENCE
OF AGREEMENT..............................................................................................................................................
25
C.
LAYOFF RULES....................................................................................................................................................................25
ARTICLE
XII - MISCELLANEOUS.......................................................................................................................................25
A
FIRE DEPARTMENT PROMOTIONAL EXAMS PERSON\ -EL RULES — POLICY D-10..................................................................25
BLIVING
QUARTERS............................................................................................................................................................25
C.
PAYCHECKS.........................................................................................................................................................................25
1.
Bi-Weekly Pay................................................................................................................................................................
25
2.
Paycheck Distribution....................................................................................................................................................
25
3.
Vacation Paycheck.........................................................................................................................................................
26
DCLASS
B DRIVER'S LICENSE................................................................................................................................................26
EFLEET
MANAGEMENT PROGRAM.........................................................................................................................................
26
FADOPTED
DOCUMENTS........................................................................................................................................................26
1.
Plan Document(HealthNet)...........................................................................................................................................
26
2.
Plan Document (Employee Health Plan).......................................................................................................................
26
3.
Policy #4002 (Delta Care).............................................................................................................................................
26
4.
Policy 94729 (Delta Dental)..........................................................................................................................................
26
5.
Vision Care Plan............................................................................................................................................................26
6.
Bankers Life and Casualty Company Policy #SR83, 556-50..........................................................................................
26
7.
Standard Insurance Policy#332175-F..........................................................................................................................
26
8.
Retiree Medical Plan......................................................................................................................................................
26
G
DEFERRED COMPENSATION LOAN PROGRAM......................................................................................................................
26
ARTICLE XIII — MANAGEMENT RIGHTS......................................................................................................................... 27
ARTICLEXIV — TERM OF MOU..........................................................................................................................................27
ARTICLE XV - CITY COUNCIL APPROVAL.....................................................................................................................28
EXHIBIT A — EMPLOYER -EMPLOYEE RELATIONS RESOLUTION..........................................................................29
EXHIBIT B — CITY OF HUNTINGTON BEACH FIRE ASSOCIATION SALARY SCHEDULE..................................30
EFFECTIVESEPTEMBER 30, 2000..................................................................................................................................................30
EFFECTIVESEPTEMBER 29, 2001..................................................................................................................................................31
EFFECTIVEMARCH 30, 2002.........................................................................................................................................................31
EFFECTIVESEPTEMBER 28, 2002..................................................................................................................................................32
EFFECTIVEMARCH 29, 2003.........................................................................................................................................................32
EXHIBIT C — RETIREE SUBSIDY MEDICAL PLAN'.........................................................................................................33
MINIMUM ELIGIBILITY FOR BENEFITS...........................................................................................................................................34
DISABILITYRETIREES................................................................................................................................................................... 34
MAXIMUM MONTHLY SUBSIDY PAYMENTS.................................................................................................................................. 34
EXHIBIT D — PERSONNEL RULE CHANGES....................................................................................................................40
APERSONNEL RULES..............................................................................................................................................................40
EXHIBIT E — TILLER CERTIFICATION...............................................................................,.............................................48
EXHIBIT F — INCOME PROTECTION PLAN.....................................................................................................................49
EXHIBIT G — 56-HOUR VACATION AND SICK LEAVE ACCRUAL — LEAVE BENEFITS (EXAMPLE) ...............50
EXHIBIT H — POLICY D-14 MINIMUM STAFFING AND FILLING OF VACANCIES................................................52
036286.01 -iii- 11/13/00 5:14 PM
Res. No. 2000-113
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF HUNTINGTON BEACH
(Hereinafter called CITY)
and
THE HUNTINGTON BEACH FIREFIGHTER'S ASSOCIATION
(Hereinafter called ASSOCIATION or FA)
October 1, 2000 through September 30, 2003
ARTICLE I - REPRESENTATIONAL UNIT/CLASSIFICATIONS
A. It is recognized that the Huntington Beach Firefighter's Association is the employee
organization, which has the right to meet and confer in good faith with the City on
behalf of employees of the City of Huntington Beach within the following
classifications:
Deputy Fire Marshal*
Fire Captain
Fire Captain Paramedic*
Fire Engineer
Fire Engineer Paramedic*
Firefighter
Firefighter Paramedic
Fire Protection Specialist*
*Administrative Appointments
B. The CITY and Association have agreed to a procedure whereby the City, by and
through the Human Resources Officer, would be entitled to propose a Unit
Modification. This agreement, Exhibit A, consists of a modification of the City of
Huntington Beach Employer -Employee Relations Resolution (Resolution Number
3335). The City hereby agrees not to propose a unit modification of the existing FIRE
Association unit.
ARTICLE li — EXISTING CONDITIONS OF EMPLOYMENT
A. Except as expressly provided herein, the existing wages, hours, and other terms and
conditions of employment within the lawful scope of representation of the
ASSOCIATION that are contained in prior Memoranda of Understanding between the
parties hereto and which are currently applicable to employees covered herein, shall
remain in full force and effect.
B. When used in this Memorandum of Understanding (MOU), the word "staffing" shall
have the same meaning as the word "manning" and are used interchangeably.
036286.01 -1- 11/16/00 9:41 AM
FIRE MOU Res. No. 2000-113
October 1, 2000 through September 30, 2003
ARTICLE III - SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this MOU or any
additions or amendments thereof, or the application thereof to any person, is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
resolution or its application to other persons. The City Council hereby declares that it
would have adopted this MOU and each section, subsection, sentence, clause, phrase or
portion, and any additions or amendments thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases or portions, or the application
thereof to any person, be declared invalid or unconstitutional.
ARTICLE IV — SALARY SCHEDULES
The base salary of each employee represented by the Association shall be as set forth in
the Salary Schedules, Exhibit B. The September 30, 2000 Salary Schedule represents a
general across the board salary increase of 21 salary ranges (approximately 11 %). The
following additional increases for all classifications are scheduled as follows: 6 salary
ranges (approximately 3%) September 29, 2001; 4 salary ranges (approximately 2%),
March 30, 2002; 4 salary ranges (approximately 2%) September 28, 2002; 6 salary
ranges (approximately 3%) March 29, 2003.
ARTICLE V — SPECIAL PAY
A. Education:
1. Incentive Plan — It is the purpose and intent of the Education Incentive Plan to
motivate the employee to participate in, and continue with his/her education so
as to improve his/her knowledge and general proficiency which will, in turn,
result in additional benefits to the Fire Department and to the CITY. As certain
levels of additional education are satisfactorily completed and attained, the
employee will receive additional monetary compensation in recognition of his/her
educational achievement.
a. Level I — Any employee who has completed one (1) year of service with the
City of Huntington Beach and has attained an Associate of Science Degree
in Fire Science, or an equivalent course of study as determined by the
Education Committee and the Fire Chief, shall receive an additional monthly
payment of one hundred dollars ($100).
b. Level II — Any employee who has completed three (3) years of service with
the City of Huntington Beach and has attained a Bachelors Degree in Fire
Administration, Public Administration, or an equivalent course of study as
036286.01 -2- 11/13/00 5:14 PM
FIRE MOU
October 1, 2000 through September 30, 2003 Res. No.2000-113
determined by the Education Committee and Fire Chief, shall receive an
additional monthly payment of one hundred fifty dollars ($150).
c. Degree Maiors — Degree majors in an equivalent course of study other than
Fire Science, Fire Administration, or Public Administration, shall be
approved in advance by the Education Committee.
d. Education Committee — An Education Committee shall be formed and shall
be composed of three (3) members. Of said three (3) members, one shall
be appointed by the ASSOCIATION, one appointed by the Fire Chief, and
the third shall be the Human Resources Officer.
e. Effective Date — Certification to an education award and to the additional
monthly compensation shall commence on the first day of the payroll period
the month after approval by the Education Committee.
f. Previous Benefits — Notwithstanding the foregoing, any employee currently
receiving educational incentive benefits in any previously approved
schedule, shall continue to receive the monthly payments entitled
thereunder, in lieu of any payment available under Section "A.1." of this
Article, if the current payment exceeds the payment to which the employee
would be entitled under Section "A.1." if any.
B. Acting Assignments: Employees acting in a higher classification, when properly
qualified and compensated in accordance with the CITY Personnel Rules, shall be
considered equivalent to the required classification.
C. Administrative Appointments:
1. _Administrative Appointments — The CITY may, from time to time, administratively
appoint employees to administrative or specialist positions. The personnel
appointed to the positions of Deputy Fire Marshal, Fire Protection Specialist, Fire
Captain Paramedic, and Fire Engineer Paramedic shall serve at the discretion of
the Fire Chief. No person shall be appointed to the position of Fire Captain
Paramedic or Fire Engineer Paramedic except on a voluntary basis. An
administrative appointment shall not affect the employee's regular classification
or rank. Persons appointed to these positions shall retain their highest previous
permanent classification and the anniversary date of their appointment to the
permanent classification.
036286.01 -3- 11/13100 5:14 PM
FIRE MOU Res. No. 2000-113
October 1, 2000 through September 30, 2003
2. Pay Upon Completion of Administrative Appointment:
a. An employee administratively appointed to the positions of Deputy Fire
Marshal and Fire Protection Specialist, who subsequently is voluntarily or
involuntarily reassigned to a position within their permanent classification
with a lower rate of pay, shall receive a one (1) step reduction in pay to
initially coincide with their reduced assignment and at each anniversary date
thereafter, until their rate of pay equals the rate of pay entitled as if they had
not received the administrative appointment.
b. Any administratively appointed employee to the positions of Deputy Fire
Marshal and Fire Protection Specialist, who has completed four (4) years of
service in the appointed or any other appointed parallel position, may
request to return to their permanent classification, and shall within one (1)
year thereafter, be entitled to return to his/her permanent classification. The
pay rate changes associated with the appointment or reappointment shall
follow the process and procedures established for all positions within the
classified service.
c. This section shall not apply to disciplinary demotions or layoffs.
D. Pay Upon Completion of Paramedic Duties — Any Firefighter Paramedic, any
administratively assigned Fire Engineer Paramedic, or any administratively assigned
Fire Captain Paramedic with a minimum of five (5) years of continuous service as a
Paramedic may request reinstatement to his/her previously held classification. Such
request must be submitted in writing to the Fire Chief at least one (1) year prior to the
date of the requested reinstatement. Upon reinstatement, if the employee's current
base salary is equivalent to or in excess of Step E of the respective- Firefighter, Fire
Engineer, or Fire Captain salary range, his/her salary will not change until it no longer
exceeds Step E of the respective Firefighter, Fire Engineer, or Fire Captain salary
range.
If the employee's Paramedic salary is less than Step E, his/her salary shall be set at a
step in the range closest to his/her existing current base salary.
This section shall not apply to disciplinary demotions or layoffs.
036286.01 -4- 11/13/00 5:14 PM
FIRE MOU Res. No. 2000-113
October 1, 2000 through September 30, 2003
E. Special Certification/Skill Pay:
1. State Board of Fire Service Certification — Any employee, in a position that did
not require certification as a condition of employment, and who at any time has
been or becomes certified by the State Board of Fire Services in a classification
then occupied, shall be entitled, upon request, to a cash payment of two
hundred fifty dollars ($250). Each employee may only receive one such
payment irrespective of the number of times he/she is certified in any position.
2. Paramedic Re -certification — Each time a Firefighter Paramedic, Engineer
Paramedic, or Fire Captain Paramedic working in the position is re -certified as a
Paramedic, he/she shall be entitled to a cash payment of five hundred dollars
($500).
3. Firefighter Tiller Certification — Firefighters that obtain and maintain the
certifications and qualifications as outlined in (a) through (c) below shall receive
$100 per month Tiller pay, effective September, 1998. Said Tiller pay shall be
included as part of total compensation for salary comparison:
a. Tiller Certification — Obtain and maintain Huntington Beach Tiller
Certification.
b. Class B Driver License — Obtain and maintain a minimum of a valid
California Class B Firefighter Restrictive License.
c. Light Air Unit — Ability to drive and operate, the Light Air Unit as required,
and identified in Exhibit E.
4. Hazardous Materials Team Responder — Those members who have been
specially trained for the position of Hazardous Materials Team Responder, and
are specifically assigned by the Fire Chief or his/her designee to the Hazardous
Material Unit or backup unit, shall receive additional compenlsation in the amount
of three hundred dollars ($300) per month.
5. Bilingual Skill — Permanent employees who are required by the Fire Chief to use
their bilingual abilities in Spanish or Vietnamese as part of their job assignment
are to be paid five percent (5%) over their regular monthly salary after being
tested and certified by City Personnel as to language proficiency.
6. Fire Protection Specialist — Level I Investigator Certification -Must meet the
requirements of NFPA 1033 Professional Qualifications for Fire Investigator I, or
successful completion of the California State Board of Fire Services Fire
Investigator I courses, including Investigation IA, IB, and PC 832. These
036286.01 -5- 11/13/00 5:14 PM
FIRE MOU Res. No. 2000-113
October 1, 2000 through September 30, 2003
requirements must be met within six (6) months of appointment as a Fire
Protection Specialist.
F. Holiday Pay -In -Lieu — Employees shall be compensated by the CITY in lieu of the ten
listed holidays at the rate of .0385 of the employee's monthly salary rate set forth in
Exhibit B, payable each and every pay period. The following are the recognized legal
holidays under this MOU:
1. New Year's Day (January 1)
2. Martin Luther King's Birthday
3. President's Day (third Monday in February)
4. Memorial Day (last Monday in May)
5. Independence Day (July 4)
6. Labor Day (first Monday in September)
7. Veterans' Day (November 11)
8. Thanksgiving Day (fourth Thursday in November)
9. Friday after Thanksgiving
10. Christmas Day (December 25)
11. Any day declared by the President of the United States to be a national
holiday, or by the Governor of the State of California to be a State holiday; and
adopted as an employee holiday by the City Council of Huntington Beach.
Holidays which fall on Sunday shall be observed the following Monday, and those
falling on Saturday shall be observed the preceding Friday.
Employees designated by the Fire Chief who are required to work regular shifts on
the above holiday set forth in Section F.1. of this Article, shall not be entitled to time
off or overtime.
G. Reportable to PERS — Subject to State Law and Regulations, compensation paid as a
result of this Article shall be reported to PERS as salary.
ARTICLE VI — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT
A. Uniforms Provided by City. — The City will provide all personnel represented by the
HBFA with uniforms as described in the most current Policy C-2, Uniforms executed
by the parties.
B. Uniform Allowance/Fitness — City shall provide each employee who participates in the
Fire Department's current physical fitness program, Policy D-9, Physical Fitness
Program, one hundred fifty dollars ($150) per fiscal year for the purchase of physical
fitness uniforms and physical fitness shoes, payable in the first payroll period of
036286.01 -6- 11/13/00 5:14 PM
FIRE MOU
Res. No. 2000-113
October 1, 2000 through September 30, 2003
December. New employees must actively participate a minimum of 90 days prior to
December 1st to be eligible for the December uniform allowance.
C. Uniform Care and Replacement:
1. The City at no cost to the employee, shall replace any uniforms with the
exception of the physical fitness uniforms that are destroyed, become
unacceptable, or were damaged by circumstances involving the Firefighter's
regular work while on duty.
2. The uniforms described in paragraph A of this Article and Policy C-2 Uniforms
— Uniforms shall be replaced by the City whenever the Fire Chief or his/her
designated representative determines that such replacement is necessary.
3. The employee shall be responsible for the preservation and cleaning of all
uniforms.
4. All uniforms and equipment furnished by the City, with the exception of T-
shirts, shall remain the property of the City and be returned or replaced if the
employee terminates.
D. Uniform Policies and Advisory Committee:
1. The present uniform and clothing policies, as delineated in this Article, shall
remain in effect until the Fire Chief or his/her designee and the Association
mutually agree on a new uniform system and on the date of implementation.
On said implementation date, all safety clothing and uniforms required by the
City to be worn by employees during working hours shall meet all applicable
State and Federal regulations relating to said clothing and, with the exception
of station uniforms, be of a high quality, fire resistant material.
2. A uniform advisory committee composed of two (2) members appointed by the
Association and two (2) representatives appointed by the Fire Chief, shall
make recommendations on the uniforms to be worn, the method of said
uniforms will be provided and obtained and further recommendations on safety
clothing and uniforms may be required during the term of this MOU.
E. Reportable to PERS: — Subject to State law and regulations, compensation paid as a
result of this Article shall be reported to PERS as salary.
036286.01 -7- 11/13/00 5:14 PM
FIRE MOU Res. No.2000-113
October 1, 2000 through September 30, 2003
ARTICLE VII — HOURS OF WORK/OVERTIME
A. Work Schedule:
1. All twenty-four (24) hour shift employees shall work an average of fifty-six (56)
hours per week pursuant to the current schedule of five (5) twenty-four (24) hour
shifts in a fifteen (15) day period with six (6) consecutive days off.
2. All twenty-four (24) hour shift employees shall be on a fifteen (15) day work
period as defined by the Fair Labor Standards Act (FLSA).
3. Fire Prevention staff and administrative work schedules are to be forty (40)
hours per week on a four (4) day workweek, ten (10) hours per day, twenty eight
(28) day FLSA work period.
B. Hours of Work - Defined: :
1. Hours worked shall be defined as actual time worked, approved vacation, sick
leave, compensatory time off, bereavement leave, and industrial injury or illness
leave, with the exception of exchange of shift not being included.
2. Exchange of shifts shall occur at 0800 hours each day. However, employees
shall actually arrive sufficiently in advance of 0800 hours so as to comply with
Fire Department Rules and Regulations, Policy B-2, Section 7.37. Said advance
time shall not constitute hours worked.
3. Meal periods are paid as hours worked for personnel who are subject to call for
emergency duty.
4. The maximum time allowed within the forty (40) hour workweek schedule for
both lunch and physical fitness shall not exceed four (4) hours within any given
workweek. All physical fitness activities considered to be work activities shall be
conducted on duty within fire stations and under supervision.
5. An employee who is held over beyond the end of his/her regular shift shall be
compensated for the actual time he/she is required to remain on duty, computed
to nearest quafter (1/4) hour.
6. Exchanges of time shall not be considered when computing hours worked as
defined in this Article.
7. An employee shall be considered to be working if he/she is ordered to duty by
the Fire Chief or his/her designee.
036286.01 -8- 11/13/00 5:14 PM
FIRE MOU Res. No. 2000-113
October 1, 2000 through September 30, 2003
C. Level Pay Plan:
1. Twenty-four (24) Hour Shift Personnel — The FLSA work period for twenty-four
hour shift personnel shall be changed from a 14 day work period to a 15 day
work period. The 15 day FLSA work period shall begin at 8 a.m. on the first shift
worked by the A shift following six days off. There shall be 14 FLSA work
periods for every fifteen 14 day pay periods. Each employee shall be regularly
scheduled to work 1680 hours during each cycle of 14 FLSA work periods (or
fifteen pay periods). All hours worked in excess of 110 hours in an FLSA work
period shall be compensated at the premium rate (one and one half times the
regular rate of pay), so that for every cycle of 14 FLSA work periods, an
employee shall receive 140 hours of premium pay for working regularly
scheduled hours. All regularly scheduled non "lost time" hours shall be counted
as hours worked. Each employee assigned to twenty-four shifts for a full FLSA
work period shall receive 102.67 hours of regular pay and 9.33 hours of
premium pay in each bi-weekly pay period, which shall compensate the
employee for FLSA overtime for regularly scheduled shift work. The intent of
this system is that all FLSA overtime hours worked shall be compensated by the
first payday following the end of the 15 day FLSA work period. In the event that
an employee receives FLSA overtime on a payday before that employee has
actually worked FLSA overtime hours, the amount received shall be credited for
FLSA purposes toward the next occasion on which the employee works FLSA
overtime. If an employee who is paid FLSA overtime in advance of working
FLSA hours leaves City employment, there shall be an adjustment in his/her
final paycheck to reflect such advance payment.
2. In addition to the premium pay provided above, twenty-four (24) hour shift
employees shall receive premium pay for hours worked in excess of regularly
scheduled hours unless the employee has "lost time" in a regularly scheduled
shift. If there is "lost time" in any regularly scheduled shift, the employee shall
receive premium pay for only those overtime hours worked in excess of the
number of lost time hours in the bi-weekly pay period.
3. Lost Time — Defined — "Lost time" is defined as time when the employee does not
work when regularly scheduled to do so and does not receive a leave of absence
with pay.
4. Forty (40) Hour Work Week — Personnel who are not assigned to twenty-four hour
shifts but are assigned to work forty (40) hours per week shall have a twenty-eight
(28) day FLSA work period, which shall correspond to exactly two City pay periods
and shall begin at the same time as a City pay period. Forty (40) hour personnel
shall continue to receive premium pay for working hours in excess of their
regularly scheduled hours.
036286.01 -9- 11/13/00 5:14 PM
FIRE MOU Res. No. 2000-113
October 1, 2000 through September 30, 2003
D. Overtime/Compensatory Time:
1. Paid Overtime
a. All employees covered by this MOU shall be eligible for overtime pay at their
premium hourly rate for all actual work performed in excess of the
employees' scheduled hours in their declared work period.
b. Any employee who voluntarily works overtime in a different classification
shall be compensated at a rate of pay consistent with the classification
worked. Any employee who is ordered in to work in a lower classification
shall be compensated at the rate attendant to his/her regular classification.
c. The City will maintain and adhere to the overtime system as set out in the
most current Policy D-3 executed by the parties. The overtime system
and/or Policy D-3 may be modified by mutual agreement of the parties at
any time during the term of the MOU.
2. Compensatory Time
a. Non -Exempt — All overtime worked by non-exempt employees shall be
compensated at the employee's premium hourly rate of pay and shall not be
compensated by compensatory time off.
b. Staff Personnel — For all staff personnel positions, in lieu of compensation
by cash payment for overtime as provided in this Article, such employees
may, at their option and with the approval of the Fire Chief, be compensated
by compensatory time off at time and one half for each overtime hour
worked.
1) Compensatory time may be accumulated to a maximum of one
hundred -twenty (120) hours. Compensatory time may be taken on an
hour -for -hour basis only with the permission of the Fire Chief, with due
consideration for the request of the employee and particular regard for
the need of the Department. Upon his/her request, any employee
may elect to convert all or a portion of compensatory time to a cash
payment at the employee's premium hourly rate. Any such payment
shall be made on the next regular payday, following the request,
provided the request is made by the end of the previous payroll
period.
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FIRE MOU Res. No. 2000-113
October 1, 2000 through September 30, 2003
2) Compensatory time may not be received in lieu of a cash payment for
time worked during major emergencies when, in the opinion of the
Fire Chief, the City may be eligible for reimbursement from another
agency for said cash payment.
c. Compensatory Time Paid Off — At the time of any change in the salary
schedule, any accumulated time which has not been used or paid off, shall
be paid in cash at the premium hourly rate based upon the salary schedule
in effect prior to the change.
3. Callback — Employees who are ordered to return to duty on other than their
regularly scheduled shift shall receive a minimum of two (2) hours compensation
on an hourly basis.
4. Mandatory Standby — Any employee may be placed on "mandatory standby" by
the Fire Chief or his/her designee. Employees on mandatory standby must
remain available for immediate response during the designated standby period.
All personnel placed on mandatory standby shall receive a minimum of two (2)
hours compensation for each twelve (12) hours of off duty standby time or
fraction thereof.
5. Pagers — Recognizing that personal pagers are part of the Fire Department's
business and emergency alerting system, pagers shall be issued and worn only
on a voluntary basis with the exception of members who are placed on
mandatory standby who may be required to wear a personal pager while on
such standby. An employee placed on mandatory standby may voluntarily wear
a pager, and if so, shall receive a minimum of two (2) hours compensation for
each twenty-four (24) hours of off duty standby time or fraction thereof.
Members assigned to special staff or prevention duties and voluntarily receiving
other types of consideration (i.e., twenty-four (24) hour assigned vehicle) may be
required to wear pagers and respond while off duty when within pager call
range.
6. Required Training Attendance — An employee who is required to attend a class
or seminar to maintain his/her current position shall have his/her related
expenses paid by the City. When attendance occurs at a time when the
employee is not scheduled to work, he/she shall be compensated on an hourly
basis.
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FIRE MOU
Res. No. 2000-113
October 1, 2000 through September 30, 2003
7. Cancellation of Overtime — Any employee who is scheduled to work overtime in
advance of the time set forth for such scheduling in Huntington Beach Fire
Department Organization Manual, Policy D-3 which scheduling is subsequently
cancelled less than seventy-two (72) hours in advance of the commencement of
the scheduled overtime shift, shall receive a minimum of two (2) hours pay on an
hourly basis.
8. Court Time:
a. Employees placed on standby for a court appearance involving City
business during other than their scheduled working hours shall receive a
minimum of two (2) hours straight time pay. for each morning and/or
afternoon session.
b. Employees appearing in court on City business during other than their
scheduled working hours shall receive a minimum of three (3) hours pay at
time and one half; provided, however, that if such time overlaps with the
employee's scheduled working hours, said premium rate shall be limited to
those hours occurring prior to or after the employee's scheduled work time.
c. Employees shall not receive both standby pay and time and one half pay for
the same court session. An employee who is on standby and reports to
court will be paid in accordance with b. above.
9. Pay Out of Rank — When an employee in the classification of Fire Captain
Paramedic is working solely in the capacity of a Fire Captain, that individual shall
still be compensated at the rate of pay attendant to his/her classification of Fire
Captain Paramedic. When an employee in the classification of Fire Engineer
Paramedic is working solely in the capacity of a Fire Engineer, that individual
shall still be compensated at the rate of pay attendant to his/her classification of
Fire Engineer Paramedic. When an employee in the classification of Firefighter
Paramedic has been ordered to work in the capacity of a Firefighter, he/she shall
be compensated at the rate attendant to his/her classification of Firefighter
Paramedic; provided, however, when he/she volunteers to work as a Firefighter,
he/she shall then be compensated only at the rate attendant to that
classification.
E. Jury Duty — Employees who are summoned to perform jury service shall be entitled
to their regular compensation while serving; provided the fees, except mileage and
subsistence allowance, if any, which they receive as jurors, are remitted to the City.
036286.01 -12- 11/13/00 5:14 PM
FIRE MOU
Res. No. 2000-113
October 1, 2000 through September 30, 2003
F. Shift Exchange/Relief:
1. The Fire Department shall allow Association members' exchanges of schedule
pursuant to the most current Policy D-7 of the Huntington Beach Fire
Department Organization Manual that has been executed by the parties. Policy
D-7 (Exchange of Schedule) may be modified by mutual agreement of the
parties at any time during the term of this MOU.
2. An employee may be relieved by any other employee who is qualified to relieve
him/her at any time between the hours of 0600 to 0800. It shall be the
responsibility of the employee's supervisor to insure that the relief of all
employees is accomplished in a fair and equitable manner. The employee's
supervisor may revoke this early relief privilege if abuses occur. It is understood
and agreed that such early relief provisions shall not result in any additional cost
to the City.
G. Assigned Shift Policy — Employees of equal rank shall have the option to change
assigned shifts on an employee for employee basis upon written request to and
approved by the Fire Chief.
H. Minimum Staffing and Filling Vacancies:
Minimum Staffing Levels — The City shall cause apparatus to be staffed with sufficient
employees to assure the safety of employees and the control of risk. For these
purposes, the minimum staffing of apparatus shall be as defined by Policy D-14,
Minimum Staffing and Filling of Vacancies, dated December 1, 1995, a copy of which
is attached as Exhibit H and incorporated by reference herein:
ARTICLE Vill — HEALTH AND OTHER INSURANCE BENEFITS
A., Health:
1. Medical:
a. The City shall provide current group medical insurance benefits to all
employees effective the first of the month following thirty (30) days of
employment.
b. The coverage and benefits provided under the City Self -Insured and Self -
Administered Indemnity Plan (hereinafter called "the Plan") shall be as
provided in the Employee Health Plan document as amended pursuant to
Article XII.F of this agreement.
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FIRE MOU Res. No. 2000-113
October 1, 2000 through September 30, 2003
c. Effective January 1, 2001, HealthNet shall be the HMO option.
2. Dental — The City shall provide each employee and his/her dependents the
dental and/or orthodontic insurance program contained in Delta Care Policy
#4002 or Delta Dental Policy #4729 as amended pursuant to Article XII.F of this
agreement. Employees may choose either plan.
3. Optical — The City shall continue to offer a vision plan for employees and
dependents pursuant to Article XII.F of this agreement.
4. Eligibility Criteria and Cost:
a. 2000 Premiums
City's contribution toward health costs in the year 2000 as outlined below
1) Health Insurance Caps — The City "caps" its contribution toward
employee monthly health insurance premiums by category and plan at
the rate effective January 1, 2000, for the year ending
December 31, 2000 as set forth below:
Monthly
Delta
Premiums*
City Plan
HealthNet
PacifiCare
Dental
Delta Care
Safeguard
VSP**
Employee
Only
283.28
165.06
165.06
36.99
22.12
16.20
17.58
Employee
+ One
560.18
361.66
361.66
70.65
37.61
29.16
17.58
Employee
+ Family
685.86F
476.68
476.68
100.37
57.51
37.22
17.58
' 1998 Rates are listed — City "cap" would be current 2000 rates.
* Composite Rate
2) Employee Paid Premiums — Employees hired prior to
September 5, 1998, the City shall pay medical, dental, and vision
premiums; subject to 4a and 4b.
3) Two Tier Health Premium — Employees hired on or after
September 5, 1998, the City's contribution toward medical insurance
shall be at the highest HMO rate of (1) employee, (2) employee+
dependent, or (3) family. This provision "Two Tier" shall expire on
December 31, 2000.
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FIRE MOU Res. No.2000-113
October 1, 2000 through September 30, 2003
b. 2001 Premiums
The City "caps" its contributions toward employee monthly health insurance
premiums by category and plan at the rate in effect January 1, 2001 for the
year ending December 31, 2001 as set forth below:
Monthly
Delta
Premiums*
City Plan
HealthNet
Dental
Delta Care
Safeguard
VSP**
Employee
Only
261.01
170.01
36.99
22.12
16.20
17.58
Employee
+ One
516.14
312.51
70.65
37.61
29.16
17.58
Employee
+ Family
631.94
490.98
100.37
57.51
37.22
17.58
c. 2002 Premiums
The City "caps" its contribution toward employee monthly health insurance
premiums by category (employee, employee + one, family) and plan
(medical, dental, vision) at the rate in effect January 1, 2002 for the year
ending December 31, 2002.
d. 2003 Premiums:
Health Insurance Caps — The City "caps" its contribution toward employee
monthly health insurance premiums by category (employee, employee + one,
family) and plan (medical, dental, vision) at the rate in effect December 31,
2002 for the year beginning January 1, 2003. If projected costs, for any
medical plan, exceed ten percent (10%) for 2003, the City will meet and
confer at Assocation option on cost containments and plan costs.
e. Dependent Health Coverage — The City will assume payment for dependent
health insurance, subject to paragraph a and b above, effective the first of
the month following the month during which the employee completes one (1)
year of full time continuous service with the City.
5. Plan Changes to City Medical Plan (Effective January 1, 2001):
a. Annual Plan Deductibles —The medical plan deductible shall be two hundred
dollars ($200) per individual with a maximum of five hundred dollars ($500)
per family.
b. Out of Network — Non PPO co -payment shall be sixty percent (60%) of
allowable, usual, customary and reasonable charges after the annual
deductible has been met.
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FIRE MOU
Res. No. 2000-113
October 1, 2000 through September 30, 2003
c. Out of Pocket Maximum — The annual out of pocket maximum shall be fifteen
hundred dollars ($1,500) per individual with a maximum of thirty five hundred
dollars ($3,500) per family.
d. Preventive Medical Care — Part IX of the Employee Health Plan .Document
shall be revised to read as follows:
Benefits will be provided up to two hundred dollars ($200) per person every
year for preventive medical care. Such care shall include such usual
preventive medical options as an every year physical exam for adults, yearly
PAP tests for females, flu shots, chest x-rays, EKG and other diagnostic lab
tests if certified by the physician that such procedures are included under a
routine physical examination and is not in connection with the diagnosis or
treatment of any illness, disease or accidental bodily injury.
All well baby exams for an infant for the first year of life will be allowed and
are not subject to the $200 maximum benefit. All immunizations for
infants/adults will be provided and coverage is not limited to the $200
maximum benefit.
6. Medical Cash Out:
Effective January 1, 2001, if an employee is covered by a medical program
outside of a city -provided program (evidence of which must be supplied to
Administrative Services Department, Human Resources Division), they may
elect to discontinue City medical coverage and receive two hundred dollars
($200) per month to deposit into their Deferred Compensation account or any
other pre-tax program offered by the City.
7. Section 125 Plan:
Effective January 1, 2001, employees may begin utilizing this plan, which 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:
1. Life — The City shall provide a Life Insurance plan for the employees covered by
this MOU. Said plan shall be equal to that provided by Standard Insurance
Company Policy 332175-F, Optional Insurance, Section 1 B, Plan A.
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FIRE MOU Res. No. 2000-113
October 1, 2000 through September 30, 2003
2. Accidental Death and Dismemberment — The City shall provide an Accidental
Death and Dismemberment Insurance plan for employees covered by this MOU.
Said plan shall have a benefit amount of fifty thousand dollars ($50,000) as
described in Bankers' Life Policy #SR83-556-50.
C. Long Term Disability — The City shall pay to the Association on behalf of each
employee covered by this MOU, on a monthly basis, an amount not to exceed thirty-
eight dollars ($38.00) per member for a Long Term Disability policy. The program
shall be subject to the terms and conditions contained in Exhibit F.
D. Survivor's Benefit — Level III — The City shall place all unit members currently at Level
into Level Ill. Also, as soon as practical, the City shall contact PERS to determine if
any unit member who has not opted to be covered by Level I may be allowed to opt
into Level III. If there is no cost to the City for unfunded liability, all eligible unit
members shall be placed in the Level III program. If there is a cost for unfunded
liability attendant to receiving Level III benefits, any employee who wishes to
participate in that Level shall pay those attendant costs.
E. Miscellaneous:
1. Nothing in this Article shall be deemed to restrict the City's right to change
insurance carriers should circumstances warrant.
2. Nothing in this Article shall be deemed to obligate the City to improve the benefits
outlined in this Article.
3. Whenever an eligible employee is absent because of illness or injury, the City
shall continue to provide to the employee and his/her dependents, all of the
insurance benefits set forth in this Article for the duration of any such approved
absence not to exceed twenty-four (24) months.
ARTICLE IX — RETIREMENT
A. Benefits:
1. Public Employees' Retirement System:
a. The City shall provide all safety employees with that certain retirement
program commonly known and described as the "2% at age 50 plan" which
is based on the retirement formula as set forth in the California Public
Employees' Retirement System (PERS), Sections 20952.5 and 21252.01 of
the California Government Code, including the one-half continuance option
(Government Code Sections 21263 and 21263.1) for safety employees and
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FIRE MOU
Res. No. 2000-113
October 1, 2000 through September 30, 2003
the survivor option for all employees as established by the California Public
Employees' Retirement System, Section 21382 of the California
Government Code.
b. Effective on or before June 30, 2001, the City shall amend its contract with
PERS to implement the "3% at age 50" retirement formula set forth in
California Government Code Section 21362.2 for all safety employees
represented by the Association. At the present time, based upon actuarial
studies conducted by PERS, the City is not required to make any retirement
contributions with respect to employees represented by the Association. If,
at any time after the implementation of the 3% at age 50 formula the City is
required to make retirement contributions with respect to employees
represented by the Association, the amount with respect to which each
employee is reimbursed pursuant to Article IX.B.1 shall be reduced by a
percentage equal to one-half of the percentage of compensation earnable
the City is required to pay in retirement contributions to PERS, not to exceed
2.25%. For example, if the City is required to contribute an amount equal to
2% of each employee's "compensation earnable," the amount of the
reimbursement set forth in Article IX.B.1 shall be reduced from 9% of the
employee's compensation earnable to 8% of the employee's compensation
earnable. If, on the other hand, the City is required to contribute an amount
equal to 8% of each employee's "compensation earnable," the amount of
the reimbursement set forth in Article IX.B.1 shall be reduced to 6.75% of
the employee's compensation earnable.
c. The City shall contract with PERS to have retirement benefits calculated
based upon the employee's highest one year's compensation, pursuant to
the provisions of Section 20024.2 (highest single year).
d. The obligations of the City and the retirement rights of employees as
provided in this Article shall survive the term of this MOU.
2. Self -Funded Supplemental Retirement Benefit:
a. In the event a member elects Option #2 (Government Code Section 21333)
or Option #3 (Government Code Section 21334) of the Public Employees'
Retirement Law, the City shall pay the difference between such elected
option and the unmodified allowance which the member would have
received for his/her life alone. This payment shall be made only to the
member, shall be payable by the City during the life of the member, and
upon that member's death, the City's obligation shall cease. The method of
funding this benefit shall be the sole discretion of the City. This benefit is
vested for employees covered by this MOU. (Note: The options provide
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FIRE MOU
Res. n,o.2o00-113
October 1, 2000 through September 30, 2003
that the allowance is payable to the member until his/her death, and then
either the entire allowance (Option #2) or one-half (1/2) of the allowance
(Option #3) is paid to the beneficiary for life.) Nothing in this Article shall be
deemed to restrict the City's right to contract with PERS for the benefits
provided under this Article.
b. Employees hired on or after October 4, 1999, shall not be eligible for the
"Supplemental Retirement Benefit" referenced in Article IX.A.2 above.
3. Medical Insurance for Retirees:
a. Upon retirement, whether service or disability, each employee shall have the
following options in regards to medical insurance under City sponsored
plans:
1) With no change in benefits, retirees can stay in any of the plans
offered by the City, at the retiree's own expense, for the maximum
time period required by Federal Law (COBRA), or
2) Retirees may participate in the Retiree Medical plan or either of the
HMO plans currently being offered to retirees.
b. Retired employees exercising either of the options in Article IX.A.3.a may
cause any premiums not paid by the City to be paid out of funds due and
owed to them for unused sick leave benefits upon retirement, as provided in
Article IX.A.3.a. However, whenever a retired employee does not have any
such available funds, he/she shall have the opportunity to provide the City
with sufficient funds to pay the premiums. At retirement, the sick leave
hours remaining may, at the employee's option, be converted to a dollar
figure, as provided in Article IX.A.3.a, and an estimate shall be provided by
the City to the retired employee as to the approximate number of months the
group insurance can be paid by such sick leave dollars. The City shall notify
any retired employee whose funds available for unused sick leave benefits
are about to be exhausted of such fact, in writing by certified mail, return
receipt requested, at the retired employee's most recent address of record
with the City no later than three (3) months prior to the date upon which
there will not be sufficient funds to pay premiums. It shall be the individual
retiree's responsibility either to insure that there are sufficient sick leave
dollars available to pay premiums or to make premium payments at least
one (1) month in advance, to continue the group insurance in effect. If
following exhaustion of sick leave funds a retired employee fails to provide
the City with sufficient additional funds to pay premiums, the City shall have
the right to notify said retired employee in the manner prescribed above that
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FIRE MOU
Res. No. 2000-113
October 1, 2000 through September 30, 2003
it intends to cause his/her coverage to be terminated for non-payment of
premiums, and the further right to terminate such coverage, if such default
has not been cured within thirty (30) days following receipt of such notice.
Any retired employee electing to obtain such medical coverage after
retirement shall have no further option to terminate such coverage following
the provision of thirty (30) days written notice to the City, whereupon any
funds due and owed to him/her for unused sick leave benefits that have not
been exhausted to pay these health insurance premiums shall be paid in a
lump sum to the retired employee within thirty (30) days following receipt by
the City of such notice. Once a retired employee elects to terminate such
coverage, he/she shall be precluded from securing it at a later date at the
group rate.
B. Public Employees' Retirement System Reimbursement and Reporting:
1. Employee's Contribution — Subject to the limitations contained in Article IX A 1.b
each safety employee covered by this MOU shall continue to be reimbursed nine
percent (9%) of the employee's reportable compensation as the City's payment
toward the employee's contribution to the Public Employees' Retirement System
(PERS).
The above PERS pickup is not base salary but is done pursuant to
Section 414(h)(2) of the Internal Revenue Code. The above pickup shall be
credited to the employee's account with PERS.
Should any ruling by either PERS or other State or Federal agency nullify the
benefit authorized above, the City and the Association agree to reopen
negotiations regarding wages and salaries.
2. Rollover — No unit employee shall be allowed to continue the rollover benefit
provided by Article IX.B.2 of the 1991/1993 MOU beyond January 31, 1994.
a. By entering into this Agreement, neither the Association nor any of the
employees it represents waives or relinquishes claims for the retirement
enhancements attendant to the "rollover benefit" described above that are
presently being asserted by the Association on behalf of those individuals in
pending litigation in the Orange County Superior Court titled City of
Huntington Beach v. State Board of Control, et. a/. (Orange County Superior
Court Case No. 779958.)
3. Reporting of Base Salary — Provisions of the Level Pay plan, Article VII.C, shall
be used for purposes of reporting the bi-weekly pay of twenty-four (24) hour shift
employees to the Public Employees' Retirement System (PERS).
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FIRE MOU
Res. No. 2000-113
October 1, 2000 through September 30, 2003
C. Reinstatement Privileges for Disability Retirees — If a retiree seeks to cause PERS to
revoke his/her disability retirement on the grounds that he/she is no longer
incapacitated from performing the duties of the position held at the time of retirement,
the City will not certify that he/she is no longer incapacitated from performing those
duties until the employee passes the Departmental physical agility test. If PERS
revokes his/her disability retirement, the City shall immediately reinstate the employee
at his/her former position and pay step.
ARTICLE X — LEAVE BENEFITS
A. Leave with Pay:
1. Vacation — The purpose of annual vacation is to provide a rest period, which will
enable each employee to return to work physically and mentally refreshed. All
employees shall be entitled to annual vacation, with pay, in accordance with this
Article.
a. Accrual — Permanent, full time employees shall accrue annual vacations at
their appropriate assigned work schedule rate, either forty hour (40) or fifty-
six hour (56) workweek. Paychecks will identify the accrued vacation
(Accrued) and. accrual rate (Constant) based on their actual work schedule,
either a forty (40) hour or fifty-six (56) hour schedule. In the event of a
change in work schedules, personnel will have their accrued vacation
(Accrued) and accrual rate (Constant) changed to the new schedule using
the conversion factor .7143 (40 - 56). Personnel who change from a fifty-
six (56) hour schedule to a forty (40) hour schedule shall multiply the
existing hours by .7143, (see Exhibit G). Personnel who change from a forty
(40) hour schedule to a fifty-six (56) hour schedule shall divide their existing
hours by .7143. Personnel shall accrue annual vacations at the following
rates:
For the first four (4) years of continuous service vacation time shall be
accrued at the rate of one hundred and twelve (112) hours per year for forty
(40) hour per week employees, and one hundred and fifty-seven (157) hours
per year for fifty-six (56) hour per week employees.
After four (4) years of continuous service to the completion of nine (9) years
of continuous service, vacation time shall be accrued at the rate of one
hundred thirty-six (136) hours per year for forty (40) hour per week
employees, and one hundred and ninety (190) hours per year for fifty-six
(56) hour per week employees.
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FIRE MOU
Res. No. 2000-113
October 1, 2000 through September 30, 2003
After nine (9) years of continuous service to the completion of fourteen (14)
years of continuous service, vacation time shall be accrued at the rate of
one hundred sixty (160) hours per year for forty (40) hour per week
employees, and two hundred and twenty-four (224) hours per year for fifty-
six (56) hour per week employees.
After fourteen (14) years of continuous service vacation to the completion of
nineteen (19) years of continuous service, time shall be accrued at the rate
of one hundred ninety-two (192) hours per year for forty hour (40) per week
employees, and two hundred sixty-nine (269) hours per year for fifty-six hour
(56) per week employees.
Employees with twenty (20) years of continuous service as of July 9, 1988
shall accrue vacation time at a rate of two hundred and six (206) hours per
year for forty (40) hour per week employees, and two hundred and eighty-
eight (288) hours per year for fifty-six (56) hour per week employees.
Vacation allowance shall not be accumulated in excess of three hundred
forty-two (342) hours for forty (40) hour per week employees, and four
hundred and eighty (480) hours per year for fifty-six (56) hour per week
employees.
b. Eligibility and Permission — No vacation may be taken until the completion of
six (6) months of employment. No employee shall be permitted to take
vacation in excess of actual time earned and no employee shall take
vacation that is being accrued while the employee is on vacation. Vacations
shall be taken only with permission of the Fire Chief and his/her designee,
who shall schedule all vacations with due consideration for the request of
the employee and particular regard for the need of the Department.
The Fire Department operates on a three -shift basis, with personnel being
assigned to either the "A, B or C" Shift for work scheduling purposes. On
each such shift, there shall be four (4) available vacation absences (referred
to as "vacation slots"). That is, at any one time, there may be four (4)
persons absent from duty on each such shift due to vacation. These slots
shall be made available by rank, one (1) to Firefighters, one (1) to Fire
Engineers, one (1) to Firefighter Paramedics; and one (1) to Captains.
Thereafter, each additional employee shall be entitled to receive time off for
requested vacation leave, so long as a qualified replacement is available to
serve in his/her absence.
c. Conversion to Cash — On two (2) occasions during each fiscal year each
employee shall have the option to convert into a cash payment up to a total
036286.01 -22- 11/13/00 5:14 PM
FIRE MOU Res. No. 2000-113
October 1, 2000 through September 30, 2003
of eighty (80) hours, at the forty (40) hour rate, or one hundred twelve (112)
at the fifty-six (56) hour rate, of earned vacation benefits during any one (1)
fiscal year. The employee shall give two (2) weeks advanced notice of
his/her desire to exercise such option. Vacation accumulated in excess of
three hundred -forty-two (342) hours at the forty (40) hour rate shall be paid
in cash at the straight time forty (40) hour rate, or four hundred and eighty
(480) hours at the fifty-six (56) hour rate shall be paid in cash at the straight
time fifty-six (56) hour rate on the first payday following such accumulation.
d. Pay -Off at Termination — Except as provided in Section A.1.d. of this Article,
no employee shall be paid for unused vacation other than upon termination
of employment, at which time said terminating employee shall receive
compensation at his/her current salary rate for all unused, earned vacation
to which he/she is entitled up to and including the effective date of his/her
termination.
2. Sick Leave:
a. Accrual — The conversion factor for sick leave accrual shall be in
accordance with Rule 18-9 of the City's Personnel Rules. Employees
covered by this MOU shall accrue sick leave at the rate of 3.6923 hours per
pay period for 40-hour week employees, and 5.1691 for fifty-six hour (56)
week employees. Paychecks will identify the accrued sick leave (Accrued)
and accrual rate (Constant) based on their actual work schedule, either a
forty (40) hour or fifty-six (56) hour schedule. In the event of a change in
work schedules, personnel will have their accrued sick leave (Accrued) and
accrual rate (Constant) changed to the new schedule using the conversion
factor .7143. Personnel who change from a fifty-six hour (56) schedule to a
forty (40) hour schedule shall multiply their accrual rate by .7143, (see
Exhibit G). Personnel who change from a forty (40) hour schedule to a fifty-
six (56) hour schedule shall divide their accrual rate by .7143.
b. Pay -Off at Termination — Upon termination for reasons other than for
industrial disability retirement, employees shall have their accrued vacation
and sick leave converted to the forty (40) hour rate and then shall be paid
(or have paid on their behalf as provided in Article IX.A.3.b) at their current
forty (40) hour salary rate for twenty-five percent (25%) of unused, earned
sick leave from four hundred -eighty (480) through seven hundred -twenty
(720) hours, and for fifty percent (50%) of all unused, earned sick leave for
hours in excess of seven hundred -twenty (720) hours.
Upon termination for industrial disability retirement, all employees shall have
their accrued vacation and sick leave converted to the forty (40) hour rate,
036286.01 -23- 11/13/00 5:14 PM
FIRE MOU Res. No. 2000-113
October 1, 2000 through September 30, 2003
and then shall be paid (or have paid on their behalf as provided in Article
IX.A.3.b) at their current forty (40) hour salary rate for twenty-five percent
(25%) of unused, earned sick leave from zero (0) through four hundred -
eighty (480) hours, and for fifty percent (50%) of all unused, earned sick
leave in excess of four hundred -eighty (480) hours.
c. Utilization in Conjunction with Industrial Disability Leave — Sick leave cannot
be used to extend absences due to work related (industrial) injuries or
illnesses.
3. Family Sick Leave:
a. Twenty -Four (24) Hour Shift Employees — Twenty-four (24) hour shift
employees shall be entitled to charge up to three (3) shifts per year of sick
leave for family sick leave as presently defined in the City Personnel Rules,
where the attendance of the employee is required.
b. All Others — Other employees shall be entitled to family sick leave in
accordance with Rule 18-8(d) of the City's Personnel Rules.
c. Authorization — The Fire Chief may authorize an employee to charge
additional sick leave for family sick leave in the event of serious illness of an
employee's dependent(s), where warranted by the circumstances.
4. Bereavement — Employees shall be entitled to bereavement leave not to exceed
two (2) work shifts for those employees on the twenty-four (24) hour work
schedule, or three (3) work shifts for all other employees in each instance of
death in the immediate family. Immediate family is defined as father, mother,
sister, brother, spouse, children, grandfather, grandmother, stepfather,
stepmother, stepgrandfather, stepgrand mother, grandchildren, stepsisters,
stepbrothers, mother-in-law, father-in-law, brother-in-law, sister-in-law,
stepchildren, or wards of which the employee is the legal guardian.
5. Association Business_— During the term of this MOU, authorized representatives
of the Association shall be entitled to receive up to a total of four hundred (400)
collective hours without any loss of compensation per contract year to be utilized
for lawful Association activities. In addition, up to one hundred -fifty (150) unused
hours may be carried forward to the next contract year.
036286.01 -24- 11/13/00 5:14 PM
FIRE MOU
Res. No.2000-113
October 1, 2000 through September 30, 2003
ARTICLE XI — CITY RULES
A. Personnel Rules - The City and the Association must meet and confer during the term
of this MOU on modifications of the Personnel Rules and/or Departmental Rules.
The City and the Association agree to implement rule changes and accordingly revise
the. Personnel Rules as described in Exhibit D.
B. Precedence of Agreement - In any case in which any provision of this Memorandum
of Understanding is inconsistent with any City ordinance, rule, regulation, resolution,
including provisions of any Fire Department Manual, the provisions of this MOU shall
supersede and take precedence.
C. Layoff Rules - The procedure and practice regarding layoffs in effect on July 1,
1980 shall remain in full force and effect during the entire term of this MOU.
ARTICLE XII - MISCELLANEOUS
A. Fire Department Promotional Exams — Policy D-10 — Promotional examinations shall
be held in accordance with the most current Policy D-10 of the Huntington Beach Fire
Department Organization Manual executed by the parties. Policy D-10 may be
modified by mutual agreement of the parties at any time during the term of this MOU.
B. Living Quarters — The City shall provide necessary kitchen, living and sleeping
quarters in several fire stations and shall continue to provide facilities for Association
meetings.
C. Paychecks:
1. Bi-Weekly Pay — Salary shall be paid on a bi-weekly basis. By mutual consent of
the City and the Association, early payment and other modifications may be
made.
2. Paycheck Distribution — Paychecks shall be ready and available for distribution to
each employee by 0700 hours on each payday at the Station 1 — Gothard Fire
Station, except in the case of unforeseen circumstances beyond the control of the
City. A monthly paycheck stub or memorandum accompanying the paycheck
shall contain an itemization of amounts paid under various categories of pay,
including educational incentive pay, holiday pay, and all overtime, and shall also
entail an itemization of the nature and the purpose of each deduction withheld
from the employee's gross earnings.
036286.01 -25- 11/13/00 5:14 PM
FIRE MOU
Res. No. 2000-113
October 1, 2000 through September 30, 2003
3. Vacation Paycheck — Each employee shall, at his/her option, by written notice to
the City's Director of Finance, be given at least two (2) weeks prior to the
commencement of said employee's scheduled vacation, be entitled to receive
his/her earned vacation pay, less deductions in advance of said vacation. Said
right to receive advance payment of earned vacation pay shall be limited to one
such advancement during each calendar year.
D. Class "B" Driver License — Employees required by the City to obtain a State of
California Class "B" or Class "B" Firefighter Restrictive Driver License will be
reimbursed for fees paid to the California Department of Motor Vehicles to obtain the
Class "B" Firefighter Restrictive Driver License.
E. Fleet Management Program — Association agrees to the policies and procedures
contained in the 1999 City Fleet Management Program.
F. Adopted Documents — The following documents are adopted and incorporated herein
by reference:
1. Plan Document (HealthNet)
2. Plan Document (Employee Health Plan)
3. Plan Policy #4002 (Delta Care)
4. Plan Policy #4729 (Delta Dental)
5. Vision Care Plan
6. Bankers Life and Casualty Company — Policy #SR83,556-50
7. Standard Insurance Policy #332175-F
8. Retiree Medical Plan
G. Deferred Compensation Loan Program — Employees may begin utilizing this program,
under which employees may borrow up to fifty percent (50%) of their deferred
compensation funds for critical needs such as medical costs, college tuition, or
purchase of a home.
036286.01 -26- 11/13/00 5:14 PM
FIRE MOU Res. No. 2000-113
October 1, 2000 through September 30, 2003
ARTICLE XIII — MANAGEMENT RIGHTS
Except as expressly abridged or modified herein, the City retains all rights, powers, and
authority with respect to the management and direction of the performance of fire services
and the work forces performing such services. Such rights include, but are not limited to,
determination of the merits, necessity, level or organization of fire services, the necessity for
overtime, number and location of work stations, nature of work to be performed, contracting
for any work or operation, reasonable employee performance standards, including work and
safety rules and regulations, in order to maintain the efficiency and economy desirable for
the performance of City services.
ARTICLE XIV — TERM OF MOU
This Memorandum of Understanding shall be in effect commencing on October 1, 2000,
and ending at midnight on September 30, 2003. This MOU constitutes the entire agreement
of the parties as to the changes in wages, hours, and other terms and conditions of
employment of employees covered hereunder for the term hereof.
036286.01 -27- 11/13/00 5:14 PM
FIRE MOU Res. No.2000-113
October 1, 2000 through September 30, 2003
ARTICLE XV - CITY COUNCIL APPROVAL
It is the understanding of the City and the Association that this Memorandum of
Understanding is of no force or effect whatsoever unless and until ratified by the
membership of HBFA and adopted by Resolution of the City Council of the City of
Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this 20th day of November , 2000.
CITY OF HUNTINGTON BEACH
A Municipal Corporation
By: Q-�=z 1,— v- .
Ray Silver
City Administrator
By: C�2, Cc zz�
Clay rtin
Director of Administrative Services
William H. Osness
Human Resources Officer
APPROVED AS TO FORM
By��,
Gail H utton
City Attorney
HUNTINGTON BEACH
FIR IGHTER'S ASSN.
By:
` Rick F , BFA President
By: �
gotia
By:
Negot'a
By:
in
Team M
g Team Member
Negotiating Team Member
Negotiating Team Member
036286.01 -28- 11/13/00 5:14 PM
EXHIBIT A
Res. No. 2000-113
CITY OF HUNTINGTON BEACH
EMPLOYER -EMPLOYEE RELATIONS RESOLUTION
7.3 Human Resources Officer Motion of Unit Modification — The Human Resources
Officer may propose, during the same period for filing a Petition for Decertification, that an
established unit be modified in accordance with the following procedure:
a. The Human Resources Officer shall give written ' notice of the proposed unit
modification to all employee organizations that may be affected by the proposed change.
Said written notification shall contain the Human Resources Officer's rationale for the
proposed change including all information which justifies the change pursuant to the criteria
established in Section 6-5 for Appropriateness of Units. Additionally, the Human Resources
Officer shall provide all affected employee organizations with all correspondence,
memoranda, and other documents which relate to any input regarding the unit modification
which may have been received by the City or from affected employees and/or sent by the
City to affected employees;
b. Following receipt of the Human Resources Officer's proposal for unit
modification, any affected employee organization shall be afforded not less than thirty (30)
days to receive input from its members regarding the proposed change and to formulate a
written and/or oral response to the motion for unit modification to the Personnel
Commission;
c. The Personnel Commission shall conduct a noticed Public Hearing regarding
the motion for unit modification at which time all affected employee organizations and other
interested parties shall be heard. The Personnel Commission shall make a determination
regarding the proposed unit modification which determination may include a granting of the
motion, a denying of the motion, or other appropriate orders relating to the appropriate
creation of bargaining units. Following the Personnel Commission's determination of the
composition of the appropriate unit or units, it shall give written notice of such determination
to all affected employee organizations;
d. Any party who chooses to appeal from the decision of the Personnel
Commission is entitled to appeal in accordance with the provision of Section 14-4 of
Resolution Number 3335.
036286.01 -29- 11/16/00 9:41 AM
Res. No. 2000-113
EXHIBIT B
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE
Effective September 30, 2000
Job Code
Classification
Range
A
B
C
D
E
4432
Firefighter
NE
455
3657
3858
4069
4293
4529
21.10
22.26
1 23.48
24.77
26.13
3430
Fire Engineer
NE
486
4267
4501
4749
5011
5286
24.62
25.97
27.40
28.91
1 30.50
4428
Firefighter Paramedic
NE
486
4267
4501
4749
5011
5286
24.62
25.97
27.40
28.91
30.50
4430
Fire Protection Specialist*
EX
495
4463
4709
4967
5241
5529
25.75
27.17
28.66
30.24
31.90
1480
Fire Captain
EX
510
4810
5075
5354
5648
5959
27.75
129.28
1 30.89
1 32.59
1 34.38
1430
Deputy Fire Marshal*
EX
532
5368
5662
5974
6304
6650
30.97
32.67
34.47
36.37
38.37
036286.01 -30- 11/16/00 9:41 AM
Res. No. 2000-113
EXHIBIT B
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE - CONTINUED
Effective September 29, 2001
Job Code
Classification
Range
A
B
C
D
E
4432
Firefighter
NE
461
3766
3972
4191
4421
4664
21.73
22.92
1 24.18
25.51
26.91
3430
Fire Engineer
NE
492
4395
4638
4893
5161
5446
25.36
26.76
28.23
29.78
1 31.42
4428
Firefighter Paramedic
NE
492
4395
4638
4893
5161
5446
25.36
26.76
28.23
29.78
31.42
4430
Fire Protection Specialist*
EX
501
4598
4851
5118
5339
5695
26.53
1 27.99
29.53
31.15
1 32.86
1480
Fire Captain
EX
516
4955
5227
5515
5818
6139
28.59
30.16
31.82
33.57
35.42
1430
Deputy Fire Marshal*
EX
538
5531
5836
61.56
6494
6851
31.91
1 33.67
35.52 1
37.47
1 39.53
Effective March 30, 2002
Job Code
Classification
Range
A
B
C
D
E
4432
Firefighter
NE
465
3841
4052
4276
4511
4759
22.16
23.38
24.67
26.03
27.46
3430
Fire Engineer
NE
496
4487
4733
4993
5267
5557
25.89
27.31
28.81
30.39
1 32.06
4428
Firefighter Paramedic
NE
496
4487
4733
4993
5267
5557
25.89
27.31
28.81
30.39
32.06
4430
Fire Protection Specialist*
EX
505
4690
4948
5220
5508
5811
27.06
28.55
30.12
31.78
33.53
1480
Fire Captain
EX
520
5057
5335
5628
5938
6264
29.18
30.78
32.47
34.26
36.14
1430
Deputy Fire Marshal*
EX
542
5643
5954
6281
6626
6990
32.56 1
34.35 1
36.24 1
38.23
140.33
036286.01 -31- 11/16/00 9:41 AM
Res. No. 2000-113
EXHIBIT B
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE - CONTINUED
Effective September 28, 2002
Job Code
Classification
Range
A
B
C
D
E
4432
Firefighter
NE
469
3923
4137
4364
4603
4856
22.63
23.87
25.18
26.56
28.02
3430
Fire Engineer
NE
500
4576
4827
5092
5373
5668
26.40
27.85
29.38
31.00
1 32.70
4428
Firefighter Paramedic
NE
500
4576
4827
5092
5373
5668
26.40
27.85
29.38
31.00
32.70
4430
Fire Protection Specialist*
EX
509
4787
5050
5328
5621
5929
27.62
29.14
30.74
32.43
1 34.21
1480
Fire Captain
EX
524
5156
5440
5740
6056
6389
29.75
31.39
33.12
34.94
36.86
1430
Deputy Fire Marshal*
EX
546
5754
6071
6406
6758
7129
33.20
35.03
36.96
138.99
141.13
Effective March 29, 2003
Job Code
Classification
Range
A
B
C
D
E
4432
Firefighter
NE
475
4038
4260
4494
4742
5002
23.30
24.58
25.93
27.36
28.86
3430
Fire Engineer
NE
506
4712
4972
5246
5536
5841
27.19
1 28.69
30.27
31.94
1 33.70
4428
Firefighter Paramedic
NE
506
4712
4972
5246
5536
5841
1
27.19
28.69
30.27
31.94
33.70
4430
Fire Protection Specialist*
EX
515
4931
5201
5487
5789
6108
28.45
1 30.01
31.66
33.40
35.24
1480
Fire Captain
EX
530
5314
5607
5915
6241
6584
30.66
32.35
34.13
36.01
37.99
1430
Deputy Fire Marshal*
EX
552
5931
6257
6602
6964
7347
34.22 1
36.10 1
38.09
40.18
42.39
036286.01 -32- 11/16/00 9:41 AM
Res. No. 2000-113
EXHIBIT C
RETIREE SUBSIDY MEDICAL PLAN
An employee who has retired from the City shall be entitled to participate in the City sponsored
medical insurance plans and the City shall contribute toward monthly premiums 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 City
service or is granted an industrial disability retirement; and
B. At the time of retirement, the employee is employed by the City; and
C. Following official separation from the City, the employee is granted a retirement allowance
by the California Public Employees' Retirement System.
The City's obligation to pay the monthly premium, as indicated, shall be modified downward
or cease during the lifetime of the retiree upon the occurrence of any one of the following:
1. During any period the retired employee is eligible to receive or receives health
insurance coverage at the expense of another employer, the payment will be
suspended. "Another employer," as used herein, means private employer or
public employer or the employer of a spouse. As a condition of being eligible to
receive the premium contribution as set forth in this plan, the City shall have the
right to require any retiree to annually certify that the retiree is not receiving or
eligible to receive any such health insurance benefits from another employer. If
it is later discovered that a misrepresentation has occurred, the retiree will be
responsible for reimbursement of those amounts inappropriately expended and
the retiree's eligibility to receive further benefits will cease.
2. On the first of the month in which a retiree or dependent reaches age 65 or on
the date the retiree or dependent can first apply and become eligible,
automatically or voluntarily, for medical coverage under Medicare (whether or not
such application is made), the City's obligation to pay monthly premiums may be
adjusted downward or eliminated. Benefit coverage at age 65 under the City's
medical plans shall be governed by applicable plan document.
3. In the event the Federal Government or Stale Government mandates an
employer -funded health plan or program for retirees, or mandates that the City
make contributions toward a health plan (either private or public) for retirees, the
City's contribution rate, as set forth in this plan, shall first be applied to the
mandatory plan. If there is any excess, that excess may be applied toward the
City medical plan as supplemental coverage provided the retired employee pays
the balance necessary for such coverage if any.
036286.01 -33- 11/16/00 9:41 AM
EXHIBIT C - Continues!
Res. No. 2000-113
4. 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.
SCHEDULE OF BENEFITS
A. Minimum Eligibility for Benefits
With the exception of an industrial disability retirement, eligibility for benefits begin after an
employee has completed ten (10) years of continuous service with the City of Huntington
Beach. Said service must be continuous unless prior service is reinstated at the time of
his/her rehire in accordance with the City's Personnel Rules.
B. 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.
C. Maximum Monthly Subsidy Payments
All retirees, including those retired as a result of disability whose number of years of service
prior to retirement exceeds ten (10), shall be entitled to maximum monthly payment of
premiums by the City for each year of completed City service as follows:
036286.01 -34- 11/13/00 5:14 PM
EXHIBIT C - Continued
Res. No. 2000-113
Maximum Monthly Payment
for Retirements After:
Years of Service 10/1/92
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
Note: The above payment amounts may be reduced each month as dependent eligibility
ceases due to death, divorce, or loss of dependent child status. However, the amount shall not
be reduced if such reduction would cause insufficient funds needed to pay the full premium for
the employee and the remaining dependents. In the event no reduction occurs and the
remaining benefit premium is not sufficient to pay the premium amount for the employee and
the eligible dependents, said needed excess premium amount shall be paid by the employee.
036286.01 -35- 11/13/00 5:14 PM
Res. No. 2000-113
EXHIBIT C - Continued
MISCELLANEOUS PROVISIONS
A. Eli ibili :
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. Personnel shall notify covered retirees of this opportunity each
year.
3. Years of service computed for the Retiree Subsidy Medical Plan are actual
years of completed service with the City of Huntington Beach.
4. When a retiree is eligible for medical plan coverage at the expense of
another employer due to post -retirement employment of the retiree or
spouse of the retiree, the retiree and his/her spouse must take that
coverage regardless of benefit level and shall be deleted from any City Plan
coverage. Exceptions to this requirement are limited to the following:
a. A retiree is not required to.enroll in such "other" medical plan coverage
if there is significant disparity between the benefits provided by the
"other" medical plan and the Retiree Subsidy Medical Plan as defined
below. "Significant disparity" means coverage available under the
"other" medical plan is restrictive or limited in one or more of the
following ways:
1) No in -patient hospitalization coverage.
2) No major medical benefits.
3) Annual deductible is $1,000 or greater per person.
4) Major medical benefits are paid at 60% or less of covered
expenses.
b. The Risk Manager will have the authority to provide additional
exceptions following review of the "other" medical plan policy.
Exceptions will be made only if the "other" medical plan benefit
provisions are comparable to the guidelines under (A.4.a.) above.
036286.01 -36- 11/16/00 9:41 AAA
EXHIBIT C - Continued Res. No. 2000-113
c. Miscellaneous Provisions:
1) Benefits provided under the Retiree Subsidy Medical Plan will
be coordinated with the "other" medical plan as the primary
carrier.
2) The City shall have the right to require any retiree to provide a
copy of the "other" medical plan policy for review by the
Risk Manager.
5. When a retiree becomes eligible for the other group coverage and then
becomes no longer eligible, he/she may have the subsidy reinstated and
regain Retiree Subsidy Medical Plan coverage.
6. Dependents of a retiree may follow him/her into the Retiree Subsidy
Medical Plan or they may choose to exercise COBRA rights along with the
retiree.
7. When a retiree becomes 65 and has eligible dependents under 65, said
dependents are eligible to exercise COBRA rights.
8. When a retiree is under 65 and his/her spouse is over 65, the spouse is not
covered.
B. Benefits:
1. Retiree Subsidy Medical Plan includes Managed Health Network (MHN),
Prescription Card System (PCS), Orange County Preferred Provider
Organization (OCPPO) and Medical Stop Loss insurance.
2. City Plans are the primary payer for active employees age 65 and over, with
Medicare the secondary payer. Retirees age 65 and over have no City
Plan options and are eligible only for Medicare.
3. Premium payments are to be received at least one month in advance of the
coverage period.
C. Subsidies:
1. The subsidy payments will pay for:
a. Retiree Subsidy Medical Plan.
b. HealthNet.
036286.01 -37- 11/13/00 5:14 PM
EXHIBIT C - Continued Res. No. 2000-113
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. Regular City Employee Indemnity Plan.
c. Any other employee benefit plan.
d. Any other commercially available benefit plan.
e. Medicare supplements
3. Employees who retire on or after the following dates shall be eligible for the
subsidy based on years of completed service with the City.
October 1, 1987: MEO, MEA, POA, MSOA, FA and PMA.
July 1, 1988: Non -Represented.
Retirees who retire prior to the above dates are not eligible for any subsidy
benefit.
D. Medicare:
1. All persons are eligible for Medicare coverage at age 65. Those with
sufficient credit quarters of Social Security will receive Part A of Medicare at
no cost. Those without sufficient credited quarters are still eligible for
Medicare at age 65, but will have to pay for Part A of Medicare if the
individual elects to take Medicare. In all cases, 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:
036286.01 -38- 11/13/00 5:14 PM
EXHIBIT C - Continued Res. No. 2000-113
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. When one of the following occurs, dependent coverage will be
eliminated:
1) After 36 months of COBRA continuation coverage, or
2) When the covered dependent reaches age 65 in the event such
dependent reaches age 65 prior to the retiree reaching age 65.
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 Personnel in
accordance with provisions of the Memorandums of Understanding.
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.
036286.01 -39- 11/13/00 5:14 PM
Res. No. 2000-113
EXHIBIT D
CITY OF HUNTINGTON BEACH
PESONNEL RULE CHANGES
A. Personnel Rules
The City and the Association agree to implement the following rules and accordingly
revise the Personnel Rules as described herein:
1. Rule 5 — Recruitment and Examination Procedure
a. 5-4 — Order of Certification
Whenever certification is to be made, the eligibility lists, if active and not
exhausted, shall be used in the following order:
1) Re-employment list
2) Promotional list
3) Employment List
If fewer than five (5) names of persons willing to accept appointment are on
the list from which certification is to be made, then additional eligibles shall be
certified from the various lists next lower in order of preference until five (5)
names are certified. If there are fewer than five (5) names on such lists, there
shall be certified the number thereon. In such case, the appointing authority
may demand certification of five (5) names and examinations shall be
conducted until five (5) names may be certified. In the event the appointing
authority does not choose to appoint from the five (5) names certified, a new
examination may be requested. In the event another examination is
conducted, those names shall be merged with others already on the list in
order of scores. (This paragraph shall be subject to the most current Policy D-
10 of the Huntington Beach Fire Department Organization Manual executed by
City and Huntington Beach Firefighters Association.)
b. 5-14 — Promotional Exams
Promotional examinations may be conducted whenever, in the opinion of the
Human Resources Officer, after consultation with the department head, the
need of the service so requires; provided, however, a promotional examination
may not be given unless there are two (2) or more candidates eligible. Only
employees who meet the requirements for the vacant position may compete in
promotional examinations. Promotional examinations may include any of the
selection techniques, or any combination thereof, mentioned in Section 5-13.
Additional factors including, but not limited to, performance rating and length of
service may be considered. A promotional employment list shall be established
after the administration of a promotional examination, and such list shall
contain the name(s) of those that passed the examination.
036286.01 -40- 11/16/00 9:41 AM
EXHIBIT D Res. No. 2000-113
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES - Continued
2. Rule 7 — Discipline
a. 7-2 — Causes for Discipline
12) Possession, use or sale of illegal narcotics or habit-forming drugs, while
on -duty or on City property.
14) Conviction of any felony or a misdemeanor with a job nexus. A plea or
verdict of guilt, or a conviction following a plea of nolo contendere, is
deemed to be a conviction within the meaning of this section.
15) Participating in an unlawful strike, work stoppage, slowdown, or using or
attempting to use sick leave to accomplish the same purpose as a
strike, work stoppage, or slowdown.
3. Rule 8 — Termination
a. 8-3 — Layoff in Accordance with Length of Service
The City and the Association agree that the first sentence in Personnel Rule 8-
3 shall be modified to read as follows: Layoff shall be made in accordance
with the relative length of the last period of continuous service of the
employees in the class of layoff, provided, however, that no permanent
employee shall be laid off until all temporary, acting and probationary
employees in the competitive service holding positions in the same class are
first laid off.
b. 8-11 --Re-Employment
With the approval of the Human Resources Officer, an employee who has
resigned in good standing from the competitive service may be re-employed to
his/her former position, if vacant, or to a vacant position in the same or
comparable class within one (1) year from date of resignation in accordance
with Rule 5-21. If such re-employment commences within ninety (90) days of
the effective date of resignation, the employee shall not be considered a new
employee for vacation and seniority purposes.
4. Rule 12 — Classification Plan
a. 12-10 — Temporary Employees
Employment on a basis other than permanent or probationary to a
permanently budgeted position not to exceed one thousand hours (1000) in
any twelve (12) month period. Employees occupying temporary positions shall
not be included in the competitive service and shall not be subject to these
rules and regulations.
036286.01 -41- 11/13/00 5:14 PM
EXHIBIT D Res. No. 2000-113
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES - Continued
5. Rule 14 — Additional Pay and Pay Adjustments
a. 14-6 — Salary Advancements to Meet Recruiting Problems or to Give Credit for
Prior Service. Application for Other Advancements
The Department Head, through the Human Resources Officer and with the
approval of the City Administrator, may make an appointment at any step
above the minimum salary rate to classes or positions in order to meet
recruiting problems to obtain a person who has extraordinary qualifications, to
or to give credit for prior city service in connection with appointments,
promotions, reinstatements, transfers, reclassifications, or demotions. Salary
adjustments within the salary range for the class, other than merit salary
adjustments authorized by Section 14-1, may be approved by the City
Administrator, upon recommendation of the department head through the
Human Resources Officer. Such recommendation shall include the reason(s)
for the adjustment, whether the advancement is to be permanent or temporary,
and an effective date.
6. Rule 18 — Attendance and Leaves
a. 18-16 — Industrial Accident Leave
In the event a permanent employee, who is a miscellaneous member of the
Public Employees' Retirement System (PERS), is temporarily totally disabled
as a result of an injury or illness arising out of and in the course of employment
and covered by the State of California Workers' Compensation Insurance and
Safety Act, resulting light duty assignments due to the injury or illness or
absences from work shall be considered Industrial Accident Leave as that term
is defined by this rule.
A permanent employee eligible for Industrial Accident Leave shall receive
compensation from the City in an amount equal to the employee's regular rate
of salary during such period of temporary total disability. Benefits received
under this rule shall be in lieu of statutory Workers' Compensation benefits.
Industrial Accident Leave shall continue during all absences resulting from the
injury or illness, including those absences attributable to doctor's
appointments, therapy, or other follow-up medical visits, but `in no case
exceeding one (1) year of accumulated absences attributable to the same
injury or illness. In the event an employee is temporarily, totally disabled by
coinciding qualifying injuries or illnesses, periods of absences shall be applied
concurrently to all qualifying injuries or illnesses.
Industrial Accident Leave compensation shall begin on the first day an eligible
employee is absent due to a qualifying injury or illness as defined above.
036286.01 -42- 11/13/00 5:14 PM
EXHIBIT ® Res. No. 2000-113
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES - Continued
Industrial Accident Leave compensation will terminate on the earliest of the
following:
1) The date upon which the injury or illness giving rise to eligibility for
compensation under this rule is declared permanent and stationary by a
treating or examining physician; or
2) The date PERS approves an application for disability retirement benefits
filed by the employee or by the City; or .
3) The employee receives thirty (30) days advance notice and refuses to
submit to a medical examination ordered by PERS pursuant to
Government Section 21154 or otherwise refuses to cooperate with PERS
in determining whether the employee is incapacitated for the performance
of duty; or
4) The employee receiving Industrial Accident Leave Compensation applies
for service -connected retirement benefits; or
5) The employment of the affected employee is otherwise separated.
If an injured worker remains temporarily disabled after receiving one (1) year of
Industrial Accident Leave for accumulated absences or light duty work
attributable to the same injury or illness, the employee will receive temporary
total disability benefits as specified by the State of California Workers'
Compensation Insurance and Safety Act. Any period of time during which an
employee is absent from work by reason of injury or illness -for which he or she
is entitled to receive Industrial Accident Leave compensation will not constitute
a break in continuous service for the purposes of salary adjustments, sick
leave, vacation accruals, and length of service computation.
In the event an employee who is receiving or has received Industrial Accident
Leave compensation makes a claim or initiates legal action against a third
party for allegedly causing or contributing to the injury or illness resulting in the
inability to work, the employee is required to notify in writing the City's Risk
Management Division of the claim or commencement of such action within ten
(10) days of the claim or such commencement. The City retains its rights of
subrogation in all such instances.
036286.01 -43- 11/13/00 5:14 PM
EXHIBIT D
Res. No. 2000-113
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES - Continued
b. 18-19 — Maternity Leave
The City and the Association agree to modify the present Personnel Rule 18-
19 Maternity Leave to read as follows: "A permanent employee shall be
entitled to a leave of absence without pay due to inability to work due to
pregnancy. The employee will be entitled to use available sick leave during this
period. Said leave must be requested in writing from the Department Head and
must include written notification from the employee's physician stating the last
day the employee may work and the estimated duration of leave. The
employee must obtain written authorization to return to work from the attending
physician. Said authorization must be filed with the Department Head and the
Human Resources Officer."
C. 18-20 — Leave of Absence without Pay
The City and the Association agree that the following sub -paragraph "C" shall
be added to Personnel Rule 18-20. Leave of Absence without Pay: Leave of
absence without pay, for medical disability reasons, shall be restricted to six
(6) months.
7. Rule 19 — Grievance Procedure Non -Disciplinary Matters
a. 19-5 Grievance Procedure
1) Step 4 — City Administrator
If the grievance is not settled under Step 3, the grievance may be
presented to the City Administrator in accordance with the following
procedure: Within fifteen (15) days after the time the decision is
rendered under Step 3 above, a written statement of the grievance shall
be fled with the Human Resources Officer who shall act as hearing
officer and shall set the matter for hearing within fifteen (15) days
thereafter and shall cause notice to be served upon all interested
parties. The Human Resources Officer, or his/her representative, shall
hear the matter de novo and shall make recommended findings,
conclusions and decision in the form of a written report and
recommendation to the City Administrator within five (5) days following
such hearing. The City Administrator may, in his/her discretion, receive
additional evidence or argument by setting -the matter for hearing within
ten (10) days following his/her receipt of such report and causing notice
of such hearing to be served upon all interested parties.
Within five (5) days after receipt of report, or the hearing provided for
above, if such hearing is set by the City Administrator, the City
Administrator shall make written decision and cause such to be served
036286.01 -44- 11/13/00 5:14 PM
EXHIBIT D Res. No. 2000-113
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES - Continued
upon the employee or employee organization and the Human
Resources Officer.
2) Step 5 — Personnel Commission Hearing
Hearing. As soon as practicable thereafter, the Human Resources
Officer shall set the matter for hearing before a hearing officer either
selected by mutual consent of the parties or from a list provided by the
Personnel Commission. Ratification of the hearing officer selected by
mutual consent of the parties, if from a list approved by the Personnel
Commission, shall not require separate approval or ratification by the
Personnel Commission. The hearing officer shall hear the case and
make recommended findings, conclusions and decision in the form of a
written report and recommendation to the Personnel Commission. In
lieu of the hearing officer process, the Personnel Commission may
agree to hear a case directly upon submission of the case by mutual
consent of the parties.
8. Rule 20 — Disciplinary Procedure and Appeal
a. 20-1 — Purpose
The purpose of this rule is to provide a procedure for recommending and
imposing discipline against City employee, and a means by which an
employees may administratively appeal any such disciplinary action.
b. 20-2 — Disciplinary Procedures
1) Notice of Proposed Adverse Action
For disciplinary demotions, suspensions or dismissals, an employee
shall be served a written Notice of Proposed Adverse Action by the
employee's department head, or his/her designee, or by certified mail,
prior to the proposed disciplinary action taking effect. The notice shall
state the reasons for and charges upon which the proposed action is
based, and the effective date of the action, the right to respond and the
employer's right to representation. A copy of all materials upon which
the proposed action is based shall be attached to the notice.
2) Employee's Right to Respond
The employee shall be given a minimum of ten (10) calendar days to
respond orally and/or in writing, at the employee's option, to the charges
upon which the proposed action is based. The employee's response
shall be made to and/or before his/her department head.
036286.01 -45- 11/13/00 5:14 PM
EXHIBIT D
Res. No. 2000-113
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES - Continued
3) Time Off
The employee shall be given reasonable time off with pay to attend
disciplinary meetings.
4) Final Notice of Decision
After an employee has responded to or waived his/her right to respond
to the proposed adverse action, the employee shall be served with a
final Notice of Decision from his/her department head. The final written
Notice of Decision shall state whether or not the proposed action shall
be taken or modified, the reasons therefor and the effective date of the
action.
c. 20-3 —Appeal to Personnel Commission
Disciplinary action involving the dismissal, suspension, demotion or other
authorized reduction in pay may be appealed to the Personnel Commission for
de novo hearing and final determination in accordance with the following
procedure:
1) Request for Appeal
Within five (5) days (10 days for 56 hour per week employees) after the
employee's receipt of a final Notice of Discipline, a request for an
appeal to the Personnel Commission shall be submitted to the Human
Resources Officer.
2) Hearing
As soon as practicable thereafter, the Human Resources Officer shall
set the matter for hearing before a hearing officer. The hearing officer,
selected in accordance with Rule 21-7, shall hear the case without the
Board and shall make recommended findings, conclusions and decision
in the form of a written report and recommendation to the Commission.
3) Final Decision
The Commission shall consider the written report and recommendations
of the hearing officer and after due deliberation in executive session,
shall render a decision in the matter which shall be final and binding on
all parties, and from which there shall be no further administrative
appeal.
d. 20-4 — Supplemental Hearing by Personnel Commission
1) The Commission may, in its sole discretion, after it has received the
written report and recommendation of the hearing officer, set the matter
for private hearing for the purpose of receiving additional evidence or
036286.01 -46- 11/13/00 5:14 PM
EXHIBIT D Res. No.2000-113
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES - Continued
argument. In the event the Commission sets a private hearing for such
purposes, the Human Resources Officer shall give written notice to all
parties concerned in such matter.
2) The Commission, following a consideration of the hearing officer's
written report and recommendation and deliberation thereon and any
supplemental hearing before the Commission, shall make findings,
conclusions and decisions which shall be final and binding on all parties
and from which there shall be no further administrative appeal.
e. 20-5 — Employee Status on Pending Appeal
Notwithstanding the provisions of Rule 7, Section 7-4 (Suspension with Pay),
the disciplinary action shall be effective pending an appeal to the Personnel
Commission.
9. Rule 21 — Grievance Procedures - General
a. 21-7. Hearing Officers
The hearing officer provided for in Rules 19 and 20 shall be from a list provided
by the Personnel Commission or one selected by mutual consent of the
parties.
b. 21-12. Time Extension, Grievances
The City and the employee, or employee organization may, by mutual consent,
extend the time periods within which an act must occur in the processing of
grievances.
036286.01 -47- 11/13/00 5:14 PM
Res. No. 2000-113
EXHIBIT E
CITY OF HUNTINGTON BEACH
TILLER CERTIFICATION
Following is the method of application regarding Tiller Certification, Article V, Section E-3 of theHuntington
Beach Firefighter's Association MOU:
Article V, Section E-3--Tiller Certification
a. Tiller Certification --The Huntington Beach Training Manual, Section.C-2, dated 3-11-99 identifies the
method and requirements for Tiller Certification.
b. Class B Firefighter Restrictive License. --.State Department Of Motor Vehicles established.
c. Light Air Unit -- The intent is for a Firefighter to be able to drive, set up, and safely operate the Light Air
unit. Currently, hazardous materials personnel operate the Light Air Unit. They are trained in the safe
operation of the unit but do not actually "certify." We are developing a training program for the unit that
will consist of a short written test to identify the safety and operational aspects the lighting and air
system. The program will formalize the current existing training program that has been in use and
assure that firefighting personnel are properly trained. Since Firefighters may not be assigned to the
unit regularly, we will also establish a refresher class each year to maintain their capabilities.
Note! All Fire Department personnel have been trained in the past in the operation of the Light Air Unit.
Since we do not have a formalized training program for the unit at the present time, all Firefighters will be
grandfathered into meeting the requirements until the training program is finalized. This process will provide
the following options for compensation:
• If the Firefighter was Tiller Certified and had a Class B Firefighter Restrictive License as of September
5, 1998, they will receive the identified compensation effective that date. Upon implementation of a
formal certification program for the Light Air Unit, these Firefighters will be required to become certified
in light air operation.
If, after September 5, 1998, and until the training program for the Light Air Unit is developed and
implemented, a Firefighter obtains Tiller Certification and the Class B Firefighter Restrictive Drivers
License, they will be eligible for compensation following application. Upon implementation of a formal
certification program for the Light Air Unit, these Firefighters will be required to become certified in light
air operation.
• For Firefighters requesting compensation after the training program for the Light Air Unit is formalized,
they must obtain Tiller Certification, the Class B Firefighter Restrictive Drivers License, and be certified
in light air operations. They will be eligible for compensation following application.
Note! If a Firefighter elects not to participate in the above mentioned Tiller Certification compensation, it does
not preclude the currently established requirement by the Department for a firefighter to be Tiller Certified, as
identified in the Huntington Beach Training Manual, Section C-2, dated March 11, 1999.
036286.01 -48- 11/16/00 9:41 AM
EXHIBIT F Res. No.2000-113
INCOME PROTECTION PLAN
This is to memoralize an agreement between the City of Huntington Beach (City) and the
Huntington Beach Firefighter's Association (HBFA) regarding authorizing the HBFA to
administer its own Long Term Disability (LTD) insurance program providing the following
conditions are adhered to:
1. The City and HBFA agree that the City shall not provide a City -sponsored LTD
Insurance Program for employees represented by HBFA.
2. HBFA shall contract with an insurance provider for LTD insurance for the employees
represented by the HBFA.
3. The City shall pay to HBFA for the cost of LTD premiums not to exceed $38 per
month per occupied covered position represented by HBFA.
4. Non -dues paying represented employees shall be covered by the LTD Policy at the
same premium rate as dues paying represented employees.
5. City payment to HBFA is to be made for each represented employee per month based
on the bi-weekly payroll.
6. HBFA shall pay the insurance company for the cost of premiums and any charges
incurred for administering the program.
7. HBFA shall provide the City with a monthly listing of covered employees.
8. No self-funding/self-insurance of LTD benefits is permitted under this agreement.
9. HBFA shall authorize the City to have the insurance company provide documentation
to the City as follows:
a) A copy of the most current audited financial statements.
b) A copy of the latest actuarial report which should be completed by an independent
"Fellow of the Society of Actuaries";
c) A copy of the in -force re -insurance Policy;
10. HBFA will provide a statement certifying that premiums collected are for LTD benefits
for HBFA represented employees only.
036286.01 -49- 11/13/00 5:14 PM
EXHIBIT G Res. No. 2000-113
40/56-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL
LEAVE BENEFITS
(EXAMPLE)
Permanent, full-time employees shall accrue annual vacations or sick leave at their appropriate
assigned work schedule rate, either 40-hour or 56-hour workweek. The actual accrual, as
reflected on their payroll check will also reflect their actual work schedule. In the event of a
change in work schedules, personnel will have their accrual rate (Constant) and actual accrual
(Accrued) change to the new schedule using the conversion factor, .7143. Paychecks will
reflect the accrual rate based on the actual work schedule, either forty (40) or fifty-six (56) hour
schedule. All maximum accruals will be modified to reflect the proper number of hours, either
40-hour or 56-hour workweek.
EXAMPLE — CURRENT EXCEPTION
40-HOUR FIRE PROTECTION SPECIALIST
Paycheck stub shows 1000 hours accrued sick leave.
Employee uses 24 hours sick time.
1000 hours — 24 hours = 976 hours.
56-HOUR FIREFIGHTER PARAMEDIC
Paycheck stub shows 1000 hours accrued sick leave.
Employee uses 24 hours sick time.
1000 hours — 24 x .7143 = 17.1 hours = 982.9 hours
(This mathematical transaction takes place for each exception.)
PROPOSED EXCEPTION
ALL 56-HOUR PERSONNEL
Modify to 56-hour schedule - current accrued hours divided by .7143.
40-hour rate paycheck stub indicates 1000 hours sick leave..
1000 hours divided by .7143 = 1400 hours
1400 hours would be reflected on the employee's 56-hour workweek paycheck stub.
56-hour schedule employee uses 24-hours sick time - hours are taken hour for
hour.
1400 hours — 24 hours = 1376 hours remaining.
036286.01 -50- 11/16/00 9:41 AM
EXHIBIT G - Continued Res. No.2000-113
56/40-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL
LEAVE BENEFITS
(EXAMPLE)
40-HOUR FIRE PROTECTION SPECIALIST
Remains the same
FIRE PROTECTION SPECIALIST IS REASSIGNED AS A 56-HOUR FIREFIGHTER
PARAMEDIC
ACCRUAL RATE
Current 40-hour Fire Protection Specialist sick leave accrual - 3.6923 hours per pay period.
56-hour Firefighter Paramedic employee would accrue sick leave at 5.1691 (3.6923 divided by
.7143 = 5.1691) hours per pay period. This would accurately indicate accrual at the 56-hour
rate.
56-HOUR EMPLOYEE ASSIGNED TO A 40-HOUR POSITION
Upon change of 56-hour Firefighter Paramedic employee to a 40-hour Fire Protection
Specialist.
Accrued sick leave = 1400 hours
1400 x .7143 = 1000 hours
1000 hours would be reflected on pay check.
Sick leave accrual would return to 3.6923 per pay period.
036286.01 -51- 11/16/00 9:41 AM
EXHIBIT H Res. No. 2000-113
POLICY D-14, MINIMUM STAFFING AND FILLING OF VACANCIES
036286.01 -52- 11/16/00 9:41 AM
EXHIBIT H
POLICY D-14, MINIMUM STAFFING AND FILLING OF VACANCIES
Res. No. 2000=113
—HUNTINGTON BEACH FIRE DEPARTMENT SECTION D
ORGANIZATION MANUAL PERSONNEL.
DECEMBER 1, 1995 POLICY 14
MINIMUM STAFFING AND FILLING OF 'VACANCIES
I. PURPOSE
To set forth the minimum staffing levels established by the Huntington Beach Fire
Department.
H. POLICY
It shall be the policy of the Huntington Beach Fire Department to maintain the staffing
levels set forth herein.
III. OBJECTIVE
The Huntington Beach Fire Department will provide an efficient fire suppression and
emergency response organization through adequate staffing of fire apparatus to ensure
personnel safety and fire suppression effectiveness.
IV. RESPONSIBILITY
It shall be the responsibility of the shift Battalion Chief to ensure that each fire stations
and apparatus are fully staffed according to this policy.
V. PROCEDURE
The Huntington Beach Fire Department will staff and fill vacancies as defined and
specified in Exhibit I (attached
APPROVED: ,/i�i, j�l%, DATE:
Michael P. Dolder, Fire Chief
MPD/sg
attachment
a:d 14-95(revlaces policy dated September 1. 1994) Paae 1
HUNTINGTON BEACH FIRE DEPARTMENT
ORGANIZATION MANUAL
DECEMBER 1, 1995
EXHIBIT I
A DEFINITIONS
For purposes of this Article the following definitions are hereby established:
SECTI04PNo. z000 -11s
PERSONNEL
POLICY 14
1. APPARATUS shall be defined as any vehicle utilized to respond to fires, other
emergencies or work assignments which requires a California Class A, Class B, or
Class B firefighter restrictive driver's license.
a A FIRE ENGINE is an apparatus with fire pump, fire hose, water tank,
ground ladders, necessary firefighting equipment, and may include a
"telesquirt" type ladder, but specifically excluding aerial ladder or platform
capabilities.
b. A FIRE TRUCK is an apparatus that has mounted on the chassis, an aerial
ladder or aerial platform, "TRUCK COMPANY" equipment; and may include
a fire pump, fire hose, and water tank
C. A EMARDOUS MATERIALS Q IAZ MAT) UNIT is an apparatus which
has tools and equipment used in the mitigation of Hazardous Materials
incidents.
d. A PARAMEDIC ENGINE or a PARAMEDIC ASSESSMENT ENGINE
is a fire engine that carries Advanced Life Support equipment.
e. A PARAMEDIC UNIT is any Fire Department vehicle, other than a fire
engine or fire truck, that carries Advanced Life Support equipment.
f A SPECIAL PURPOSE APPARATUS is apparatus (as described in No. 1
above), not otherwise defined in this Article and utilized for response to
alarms.
2. A FIRE COMPANY is a firefighting force commanded by a single Fire Captain (or
a person assigned/qualified as such).
3. IN-SERVICE shall be defined as personnel, apparatus, and/or equipment which are
available for dispatch to an alarm or actively involved in an alarm.
/ah
sd14-95(Miaces pehcy dated September 1, 1994) Page 2
. HUNTINGTON BEACH FIPE DEPARTMENT SECTION. N. 2000-113
ORGANIZATION MANUAL PERSONNEL
DECEMBER 1, 1995 POLICY 14
4. QUAT,EFIEn PERSONNEL shall be specific to rank A qualified Engineer. or
Captain shall . be any Huntington Beach Fire .Department personnel meeting the
minimum qualifications for the position as. detailed in Policy D-10 who is.
operating/functi.ng with the approval of the on -duty Battalion Chief.
The CITY shall cause apparatus to be staffed with sufficient personnel to assure the safety of
employees and the control of risk For these purposes, the minimum staffing shall be as
follows:
1. Each Fire Company shall be staffed with a minimum of three (3) personnel and may
be assigned various firefighting or other emergency related activities as well as
routine duties. Fire Companies are generally assigned as engine companies or truck
companies when they operate with a fire engine or fire truck apparatus. They may,
however, operate without apparatus or with more than one (1) vehicle or apparatus.
When operating with more than one (1) vehicle or apparatus, the minimum staffing
requirements of this Section shall be required ,when the vehicle is operated on an
incident scene. Apparatus responding Code 3 shall be staffed with a minimum of two.
(2) persons.
2. Each in-service engine company shall be staffed with no less than one (1) Fire
Captain, one (1) Fire Engineer, and one (1) Firefighter. Any member may be a
Paramedic.
a_ In the event that a member is temporarily detached from a company, due to
Fire Department/City emergency, illness, injury, personal emergency or
patient transport and where "Qualified Personnel" are available, the company
may continue to respond [for a period not to exceed two (2) hours and/or
travel time for replacement personnel] to medical aid calls and single engine
alarms until a replacement can be obtained pursuant to Policy D-3 (Callback
Staffing System). A second fully staffed engine shall be dispatched Code 3
whenever a two (2) person company responds.
3. Each in-service truck company shall be staffed with no less than one (1) Fire Captain,
one (1) Fire Engineer and two (2) Firefighters. Any member maybe a Paramedic.
a. In the event that a member is temporarily detached from a company, due to
Fire Department/City emergency, illness, injury, personal emergency or
patient transport and where "Qualified Personner' are available, the company
may continue' to respond [for a period not to exceed two (2)
aA14-95(replaces p6ricy dated September 1, 1994)
Page
HUNTINGTON BEACH FIRE DEPARTMENT
ORGANIZATION MANUAL
DECEMBER 1, 1995
SECTIONCNo. 2000-113
PERSONNEL
POLICY 14
hours and/or travel time for replacement personnel] to medical aid calls and
single engine alarms until a replacement can be obtained pursuant to Policy
D-3 (Callback Staffing System). A second fully staffed engine shall be
dispatched_Code 3 whenever a two (2) person company responds.
4. Each in-service paramedic unit shall be staffed with no less than two (2) certified
Paramedics.
a. In the event that a member is temporarily detached from a company, due to
Fire Department/City emergency, illness, injury, personal emergency or
patient transport and where "Qualified Personnel" are available, the company
may continue to respond [for a period not to exceed two (2) hours and/or
travel time for replacement personnel] to medical aid calls and single engine
alarms until a replacement can be obtained pursuant to Policy D-3 (Callback
Staffing System). A second fully staffed engine shall be dispatched Code 3
whenever a two (2) person company responds.
5. Each in-service paramedic engine company shall be staffed with no less than one (1)
Fire Captain, one (1) Fire Engineer, and two (2) Firefighters. Two (2) of the
members must be certified Paramedics.
a. In the event that a member is temporarily detached from a company, due to
Fire Department/City emergency, illness, injury, personal emergency or
patient transport and where "Qualified Personnel" are available, the company
may continue to respond [for a period not to exceed two (2) hours and/or
travel time for replacement personnel] to medical aid calls and single engine
alarms until a replacement can be obtained pursuant to Policy D-3 (Callback
Staffing System). A second fully staffed engine shall be dispatched Code 3
whenever a two (2) person company responds.
6. Each in-service paramedic assessment engine company shall be staffed with no less
than one (1) Fire Captain, one (1) Fire Engineer, and one (1) Firefighter. One (1) of
the members must be a certified Paramedic.
a. In the event that a member is temporarily detached from a company, due to
Fire Department/City emergency, illness, injury, personal emergency or
patient transport and where "Qualified Personnel" are available, the company
may continue to respond [for a period not to exceed two (2) hours and/or
travel time for replacement personnel] to medical aid calls and single engine
alarms until a replacement can be obtained pursuant to Policy D-3 (Callback
Staffing System). A second fully staffed engine shall be dispatched Code 3
whenever a two (2) person company responds.;
a:d14-95(replacelpolicy dated September 1. 19M Page 4
s
. HUNTINGTON BEACH FIRE DEPARTMENT
ORGANIZATION MANUAL
DECEMBER 1, 1995
SECTI%�41. 2000-113
PERSONNEL
POLICY 14
7. Each in-service hazardous materials apparatus shalll be staffed with a fire company of
which the regularly assigned personnel shall be specially trained in hazardous
materials incident practices and procedures in accordance with Article Vfll, Section
D, Part 5 of the Fire MOU. One or more of the personnel staffing the hazardous
materials apparatus may be assigned as technical advisors to an emergency's Incident
Commander. When this occurs, the remaining personnel may be reassigned to other
companies involved in the incident including the Newport Beach Haz Mat Team or
other Hazardous Materials Joint Powers Authority providers.
8. Special purpose apparatus shall be staffed with no less than one (1) person a (Fire
Engineer or Firefighter assigned/qualified as such) when responding Code 2 and with
no less than two (2) personnel (one of whom must be a Fire Engineer or a Firefighter
assigned/qualified as a Fire Engineer) when responding Code 3 to alarms.
9. Fire apparatus not considered to be in service shall not be required to have personnel
assigned to them for the purposes of this Article.
10. The minimum staffing as set forth in this Article, shall be specifically and exclusively
from public safety employees of the Huntington Beach Fire Department for all routine
activities and normal shift duties. Reserve Firefighters shall not be used to meet
minimum staffing levels.
a. No employee shall be assigned to more than one (1) fire company at the same
time for all routine activities and normal shift duties.
b. Routine activities and normal shift duties shall include those emergencies that
would normally be handled by the on -duty suppression force.
C. AIDMgUM STAFFING OF COMMUNICATIONS
There shall be at least three (3) Fire Controllers on duty at all times consisting of any
combination of Fire Controllers or Fire Controller -Shift Supervisors. The ASSOCIATION
shall be notified yearly by January 31 regarding staffing changes for the following fiscal year.
If a management decision is made to make, staffing changes the parties may engage in the
Meet and Confer in good faith process at either's request. Such negotiations shall be
controlled by the timelines of Section F below.
D. FILLING OF VACANCIES
1. Employees acting in a higher classification, when properly qualified, shall be
considered equivalent to the required classification.
I�
ad 14-95(replaces peiicy dated September 1, 1994) Page 5
HUNTINGTON BEACH FIRE DEPARTMENT
ORGANIZATION MANUAL
DECEMBER 1, 1995
SECTIkW Q. 2000-113
PERSONNEL
POLICY 14
a. Employees. acting in a higher classification shall be paid acting pay for all
time worked in the higher class when the time cumulatively exceeds two (2)
hours within one. (1), 24 hour shift Acting pay will be calculated based on
the step range of the higher classification which provides at least a five -
percent range differential. -For example, a Firefighter at E step who is
qualified and acts as an Engineer will be compensated at the hourly rate of a D
step Engineer which is equal to or greater than a five percent differential.
2. Any employee assigned to serve in the capacity of Battalion Chiefs Aide, shall not be
utilized to satisfy any of the minimum staffing requirements except as set forth in this
Article. The BC's Aide may be utilized to fill a position for which he/she is qualified
to serve in cases of temporary fill-in of four (4) hours or less.
3. Either one (1) Firefighter or one (1) Firefighter Paramedic assigned to a truck
company may. be utilized for special assignments for a period not to exceed four (4)
hours.
4. REPLACEMENT CALLBACK When a vacancy exists on any apparatus the
Department will be obligated to meet minimum staffing obligations of this Article by
use of off duty personnel on an overtime basis. In the event an apparatus is placed out
of services those persons previously assigned thereto may be utilized to fill any
vacancy prior to the use of off duty personnel on an overtime basis.
5. When a vacancy exists on any apparatus, the vacancy shall be filled rank for rank
based upon the provisions of the Fire Department Policy D-3 (Callback Staffing
System).
E. NEW EQUIPMENT
1. If the City makes a managerial decision to change staffing levels provided for in the
MOU, or to utilize any new apparatus over and above that presently in use, the City
and Association shall Meet and Confer in good faith prior to such action being
implemented.
2. The Meet and Confer process/obligation shall apply to any managerial decision to
eliminate any paramedic unit(s)/van(s).
F. CHANGES IN STAFFING
If the Meet and Confer is requested by either party, as indicated in the two (2) special
Sections above (Fire Controller and New Equipment/Changes in Staffing), the parties shall
complete the process (including any impasse procedure) within 60 days, unless otherwise
extended by mutual agreement.
ad14-95(replaccFpo[icy dated September 1, 1994) Page 6
TIA,
Res. No. 2000-113
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 the 20th
day of November, 2000 by the following vote:
AYES: Harman, Garofalo, Dettloff, Bauer
NOES: Sullivan
ABSENT: Julien, Green
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT #3
F01-1B
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
To: Ray Silver, City Administrator
From: Clay Martin, Acting Director of Administrative Services
Subject: FIS 2001-05 Memorandum of Understanding Between the
City and the Huntington Beach Firefighter's Association
Date: November 13, 2000
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Memorandum of Understanding Between the City
and the Huntington Beach Firefighter's Association".
If the City Council approves this request (total appropriation $97,172),
the estimated unreserved General Fund Fund balance at September
30, 2001 will be $8,761,563.
C"9 4 --
Clay M?Ifln,
Acting Director of Administrative Services
Fund Balance - General Fund Adopted Budget Current Estimate
Beginning Fund Balance 10/1/2000 (unaudited)
$ 9,540,000
$ 9,540,000
Plus: Estimated Revenue
127,313,303
127,313,303
Less: Estimated Expenditures
(127,313,303)
(127,313,303)
Pending/Approved FIS's:
(681,315)
Less: FIS 2001-04
-
(97,172)
Estimated 9/30/2001 Balance (with econmic reserve)
$ 9,540,000
$ 8,761,513
ATTACHMENT ._J
Fore MOM
TABLE OF CONTENTS
ARTICLE I - REPRESENTATIONAL UNIT/CLASSIFICATIONS.....................................................................................1
ARTICLE II — EXISTING CONDITIONS OF EMPLOYMENT........................................................................................... I
ARTICLEIII - SEVERABILITY...............................................................................................................................................2
ARTICLE IV — SALARY SCHEDULES................................................................................................................................... 2
ARTICLEV — SPECIAL PAY....................................................................................................................................................2
A.
EDUCATION........................................................................................................................................................................... 2
1.
Incentive Plan................................................................................................................................................................... 2
a. Level .............................................................................................................................................................................................2
b. Level II...........................................................................................................................................................................................3
d. Degree Majors................................................................................................................................................................................ 3
e. Education Committee..................................................................................................................................................................... 3
f. Effective Date................................................................................................................................................................................. 3
f. Previous Benefits............................................................................................................................................................................ 3
B.
ACTING ASSIGNMENTS.......................................................................................................................................................... 3
C.
ADMINISTRATIVE APPOINTMENTS.........................................................................................................................................4
1.
Administrative Appointments........................................................................................................................................... 4
2.
Pay Upon Completion ofAdministrative Appointment ....................................................................................................4
D.
PAY UPON COMPLETION OF PARAMEDIC DUTIES..................................................................................................................4
E.
SPECIAL CERTIFICATION/SKILL PAY...................................................................................................................................... 5
1.
State Board of Fire Service Certification......................................................................................................................... 5
2.
Paramedic Recertification................................................................................................................................................ 5
3.
Firefighter Tiller Certification......................................................................................................................................... 5
a. Tiller Certification.......................................................................................................................................................................... 5
b. Class B Driver License................................................................................................................................................................... 5
C. Light Air Unit................................................................................................................................................................................. 6
5.
Hazardous Materials Team Responder............................................................................................................................ 6
6.
Bilingual Skill................................................................................................................................................................... 6
F.
HOLIDAY PAY-IN-LIEU.......................................................................................................................................................... 6
I.
REPORTABLE TO PERS.......................................................................................................................................................... 7
ARTICLE VI — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT............................................................................7
A.
UNIFORMS PROVIDED BY CITY..............................................................................................................................................
7
C.
UNIFORM ALLOWANCE/FITNESS............................................................................................................................................
7
D.
UNIFORM CARE AND REPLACEMENT.....................................................................................................................................
7
F.
UNIFORM POLICIES AND ADVISORY COMMITTEE...................................................................................................................8
G.
REPORTABLE TO PERS..........................................................................................................................................................
8
ARTICLE
VII — HOURS OF WORK/OVERTIME................................................................................................................. 9
A.
WORK SCHEDULE..................................................................................................................................................................
9
B.
HOURS OF WORK - DEFINED..................................................................................................................................................
9
C.
LEVEL PAY PLAN.................................................................................................................................................................
10
D.
OVERTIME/COMPENSATORY TIME.......................................................................................................................................
11
1.
Paid................................................................................................................................................................................11
2.
Compensatory Time........................................................................................................................................................12
a. Non-Exempt.................................................................................................................................................................................
12
b. Staff Personnel..............................................................................................................................................................................
12
C. Compensatory Time Paid Off.......................................................................................................................................................
12
3.
Callback.........................................................................................................................................................................13
4.
Mandatory Standby........................................................................................................................................................13
5.
Pagers............................................................................................................................................................................13
6.
Required Training Attendance.......................................................................................................................................13
036286.01 -i- 11/13/00 5:25 PM
Fire MOU
TABLE OF CONTENTS
7.
Cancellation of Overtime...............................................................................................................................................13
8.
Court Time.....................................................................................................................................................................13
E.
JURY DUTY..........................................................................................................................................................................14
F.
SHIFT EXCHANGE/RELIEF....................................................................................................................................................
14
G.
ASSIGNED SHIFT POLICY.....................................................................................................................................................
15
H.
MINIMUM STAFFING AND FILLING VACANCIES....................................................................................................................15
1.
Minimum Staffing Levels ................................................................................................................................................15
2-
F4Uing of a Nr;,,r
16
4-
Defn......................................................................................................................................................................17
4-
, X,,,., F, u m Ht.........................................................................................................................................17
ARTICLE VIII — HEALTH AND OTHER INSURANCE BENEFITS................................................................................18
A.
HEALTH...............................................................................................................................................................................
18
1. Medical...........................................................................................................................................................................18
2. Dental.............................................................................................................................................................................18
3. Optical............................................................................................................................................................................
18
4. Eligibility Criteria and Cost...........................................................................................................................................18
5. Plan Changes to City Medical Plan (Effective Q^'� , '�°O January 1, 2001)..........................................................
20
6. Medical Cash Out..........................................................................................................................................................
21
7. Section 125 Plan............................................................................................................................................................
22
B.
LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT.......................................................................................................22
1. Life..................................................................................................................................................................................
22
2. Accidental Death and Dismemberment..........................................................................................................................
22
C.
LONG TERM DISABILITY......................................................................................................................................................22
D.
MISCELLANEOUS.................................................................................................................................................................
23
ARTICLE
IX — RETIREMENT...............................................................................................................................................23
A.
BENEFITS.............................................................................................................................................................................
23
1. Public Employees' Retirement System...........................................................................................................................
23
2. Self -Funded Supplemental Retirement Benefit...............................................................................................................
24
3. Medical Insurance for Retirees......................................................................................................................................
24
B.
PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING.................................................................
26
1. Employee's Contribution................................................................................................................................................
26
2. Rollover ............................... .............26
..............................................................................................................................
3. Reporting of Base Salary................................................................................................................................................
26
C.
REINSTATEMENT PRIVILEGES FOR DISABILITY RETIREES....................................................................................................26
ARTICLE X — LEAVE BENEFITS..........................................................................................................................................27
A.
LEAVE WITH PAY.................................................................................................................................................................27
1.
Vacation .................................... ........
.............................................................................................................................
27
a.
Accrual.........................................................................................................................................................................................27
.........................................................................................................................................................................
28
C.
Eligibility and Permission............................................................................................................................................................
28
d.
Conversion to Cash.......................................................................................................................................................................
29
e.
Pay -Off at Termination.................................................................................................................................................................
29
2.
Sick Leave.......................................................................................................................................................................
29
a.
Accrual.........................................................................................................................................................................................29
b.
Pay -Off at Termination.................................................................................................................................................................
30
C.
Utilization in Conjunction with Industrial Disability Leave.........................................................................................................
30
3.
Family Sick Leave..........................................................................................................................................................
30
a.
Twenty -Four (24) Hour Shift Employees.....................................................................................................................................
30
b.
All Others.....................................................................................................................................................................................
30
C.
Authorization................................................................................................................................................................................31
4.
Bereavement...................................................................................................................................................................31
5.
Association Business......................................................................................................................................................
31
036286.01 -ii- 11/13/00 5:25 PM
Fire MOU
TABLE OF CONTENTS
ARTICLEXI - CITY RULES..................................................................................................................................................31
APERSONNEL
RULES..............................................................................................................................................................
31
B
PRECEDENCE OF AGREEMENT..............................................................................................................................................
31
C.
LAYOFF RULES....................................................................................................................................................................
31
ARTICLE XII - MISCELLANEOUS.......................................................................................................................................31
A
FIRE DEPARTMENT PROMOTIONAL EXAMS PERSONNEL RULES - POLICY D-10..................................................................
32 _..-.
BLIVING
QUARTERS...............................................................................................................................................................32
C.
PAYCHECKS.........................................................................................................................................................................
32
1.
Bi-Weekly Pay................................................................................................................................................................
32
2.
Paycheck Distribution....................................................................................................................................................
32
3..
Vacation Paycheck.........................................................................................................................................................
32
DCLASS
..................................................................................................................................................................................
32
E
FLEET MANAGEMENT PROGRAM......................................................................................................................................33
FADOPTED
DOCUMENTS........................................................................................................................................................33
1.
Plan Document(HealthNet)...........................................................................................................................................
33
21.
Plan Der- ,meat (PaGifiG6.., HvaA nI H) ............
33
3.
Plan Document (Employee Health Plan).......................................................................................................................
33
4.
Policy, #4002 (Delta Care).............................................................................................................................................
33
5.
Policy #4729 (Delta Dental)..........................................................................................................................................
33
6.
Vision Care Plan............................................................................................................................................................
33
7.
Bankers Life and Casualty Company Policy 4SR83, 556-50..........................................................................................
33
8.
Standard Insurance Policy#332175-F..........................................................................................................................
33
9.
Retiree Medical Plan......................................................................................................................................................
33
G
.
DEFERRED COMPENSATION LOAN PROGRAM..................................................................................................................
33
ARTICLE XIII - MANAGEMENT RIGHTS.........................................................................................................................34
ARTICLE XIV - TERM OF MOU..........................................................................................................................................34
ARTICLE XIV - CITY COUNCIL APPROVAL....................................................................................................................35
EXHIBIT A - EMPLOYER -EMPLOYEE RELATIONS RESOLUTION..........................................................................37
................................................................................................................................... 39
EFF-EC-TIVE 0- GTOBER 1 1997
SEPTEMBER G 1 OOQ
1~cccC-TIVE iANUARY Q 7000
EFFECTIVESEPTEMBER 30, 2000..................................................................................................................................................40
EFFECTIVESEPTEMBER 29, 2001..................................................................................................................................................41
EFFECTIVEMARCH 30, 2002.........................................................................................................................................................41
EFFECTIVE SEPTEMBER 28, 2002..................................................................................................................................................42
EFFECTIVEMARCH 29, 2003.........................................................................................................................................................42
EXHIBIT C - RETIREE SUBSIDY MEDICAL PLAN......................................................................................................... 43
MINIMUM ELIGIBILITY FOR BENEFITS...........................................................................................................................................44
DISABILITYRETIREES...................................................................................................................................................................44
MAXIMUM MONTHLY SUBSIDY PAYMENTS.................................................................................................................................. 44
EXHIBIT D - PERSONNEL RULE CHANGES....................................................................................................................51
APERSONNEL RULES.............................................................................................................................................................. 51
EXHIBIT E - TILLER CERTIFICATION............................................................................................................................. 63
EXHIBIT F - INCOME PROTECTION PLAN ....................................
.................................................. 64
036286.01 -iii- 11/13/00 5:25 PM
Fire MOU
TABLE OF CONTENTS
EXHIBIT G - 56-HOUR VACATION AND SICK LEAVE ACCRUAL - LEAVE BENEFITS (EXAMPLE) ...............65
036286.01 -iv- 11/13/00 5:25 PM
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF HUNTINGTON BEACH
(Hereinafter called CITY)
and
THE HUNTINGTON BEACH FIREFIGHTER'S ASSOCIATION
(Hereinafter. called ASSOCIATION or FA)
October ,1, 2000 through September 30, 2003
ARTICLE I - REPRESENTATIONAL UNIT/CLASSIFICATIONS
A. It is recognized that the Huntington Beach Firefighter's Association is the employee
organization, which has the right to meet and confer in good faith with the City on
behalf of employees of the City of Huntington Beach within the following
classifications:
Deputy Fire Marshal*
Fire Captain
Fire Captain Paramedic*
Fire Engineer
Fire Engineer Paramedic*
Firefighter
Firefighter Paramedic
Fire Protection Specialist*
*Administrative Appointments
B. The CITY and Association have agreed to a procedure whereby the City, by and
through the Human Resources Officer, would be entitled to propose a Unit
Modification. This agreement, Exhibit A, consists of a modification of the City of
Huntington Beach Employer -Employee Relations Resolution (Resolution Number
3335). The City hereby agrees not to propose a unit modification of the existing FIRE
Association unit.
ARTICLE II — EXISTING CONDITIONS OF EMPLOYMENT
A. Except as expressly provided herein, the existing wages, hours, and other terms and
conditions of employment within the lawful scope of representation of the
ASSOCIATION that are contained in prior Memoranda of Understanding between the
parties hereto and which are currently applicable to employees covered herein, shall
remain in full force and effect.
B. When used in this Memorandum of Understanding (MOU), the word "staffing" shall
have the same meaning as the word "manning" and are used interchangeably.
036286.01 -1- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2002 2003
ARTICLE III - SEVERABILITY
If any section, subsection, sentence; clause, phrase or portion of this MOU or any
..additions or. amendments thereof, or, the. application :thereof to any., person,. isJor.any
reason held to .be invalid or unconstitutional by the decision of any courtof competent.
jurisdiction, such decision shall not affect the validity of the .remaining portions of this
resolution or its .application to other, persons. The City Council hereby declares that it
would have adopted this MOU and each section, subsection, sentence, clause, phrase or
portion, and any additions or amendments thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases or portions, or the application
thereof to any person, be declared invalid or unconstitutional.
ARTICLE IV — SALARY SCHEDULES
The base salary of each employee -represented bythe°Association shall be as set forth in
the Salary Schedules, Exhibit B. The September 5 30, 1995 2000 iSalary Schedule
represents a an —approximate 494 11% (21 salary angel) general across the board
salary increase of 21 salary ranges (approximately 11 %). The januaFy 8, 2000 SalaFy
Sr--hed-We represents mate 0 general aGress the board salary lnGreast—,
The following additional increases for, all classifications .,are scheduled as -follows:
6 salary ranges (approximately 3%) September 29, 2001; 4. salary 'ranges
(approximately 2%), March 30, 2002; 4 salary ranges (approximately 2%)
September 28, 2002; 6 salary ranges (approximately 3%) March 29, 2003.
ARTICLE V — SPECIAL PAY
A. Education:
1. Incentive Plan — It is the purpose and intent of the Education Incentive Plan to
motivate the employee to participate in, and continue with his/her education so
as to improve his/her knowledge and general proficiency which will, in turn,
result in additional benefits to the Fire Department and to the CITY. As certain
levels of additional education are satisfactorily completed and attained, the
employee will receive additional monetary compensation in recognition of his/her
educational achievement.
a. Level I — Any employee who has completed one (1) year of service with the
City of Huntington Beach and has attained an Associate of Science Degree
in Fire Science, or an equivalent course of study as determined by the
Education Committee and the Fire Chief, shall receive an additional monthly
payment of one hundred dollars ($100).
036286.01 -2- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2-GQ 2003
b. Level II — Any employee who has completed three (3) years of service with
the City of Huntington Beach and has attained a Bachelors Degree in Fire
Administration, Public Administration, or an equivalent course of study as
determined by _the Education: ,Committee r.and Fire; Chief,,shall receive .pan
additional monthly. payment of one hundred fifty dollars ($150)..
c. Degree Majors — Degree majors in an:equivalent.,course of study other than
Fire Science, - Fire Administration' or Public.:: Administration, : _shall be
approved in advance by:the Education Committee.
d. Education Committee — An Education Committee shall be formed and shall
be composed of three (3) members. Of said three (3) members, one shall
be appointed by the ASSOCIATION, one appointed by the Fire Chief, and
the third shall be the Human Resources Officer.
e. Effective Date Certification to an education award and to the additional
monthly compensation shall commence on the first day of the payroll period
the month after approval by the Education Committee.
f. Previous Benefits — Notwithstanding the foregoing, any °employee currently
receiving educational incentive benefits in - any previously approved
schedule, shall- continue to receive the .monthly payments entitled
thereunder, in lieu of any payment available under Section "A.1." of this
Article, if the current payment exceeds the payment to which the employee
would be entitled under Section "A.1." if any.
B. Acting Assignments: Employees acting in a higher classification, when properly
qualified and compensated in accordance with the CITY Personnel Rules, shall be
considered equivalent to the required classification.
C. Administrative Appointments:
1. Administrative Appointments — The CITY may, from time to time, administratively
appoint employees to administrative or specialist positions. The personnel
appointed to the positions of Deputy Fire Marshal, Fire Protection Specialist, Fire
Captain Paramedic, and Fire Engineer Paramedic shall serve at the discretion of
the Fire Chief. No person shall be appointed to the position of Fire Captain
Paramedic or Fire Engineer Paramedic except on a voluntary basis. An
administrative appointment shall not affect the employee's regular classification
or rank. Persons appointed to these positions shall retain their highest previous
permanent classification and the anniversary date of their appointment to the
permanent classification.
036286.01 -3- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2002 2003
2. Pay Upon Completion of Administrative Appointment:
a. An employee administratively appointed to the positions of Deputy Fire
Marshal and Fire Protection: Specialist; .who: subsequently Js.voluntarily--or .
involuntarily, -reassigned to, a - position within their permanent- classification --
with -a lower rate of -pay, shall receive: a one (1). step reduction in pay to
,initially coincide -with -their reduced assignment�and at each,.. anniversarydate
thereafter, until: their: rate of pay equals .the rate of pay.entitled. as if they had
not received the administrative appointment.
b. Any administratively, appointed employee .to -the -positions of -Deputy Fire
Marshal and Fire Protection Specialist, who has completed four (4) years of
service in the appointed or any other appointed parallel position, may
request to return to their permanent classification, and shall within one (1)
year thereafter, be:entitled to return to his/her, permanent -classification. The
pay rate changes : associated with the appointment or reappointment shall
follow the process and procedures: established- .for .all positions within the
classified service.
c. This section shall not apply to disciplinary demotions or, layoffs.
D. Pay Upon : Completion of Paramedic Duties - Any Firefighter Paramedic, any
administratively assigned Fire Engineer Paramedic, or any administratively assigned
Fire Captain Paramedic with a minimum of five (5) years of continuous service as a
Paramedic may request reinstatement to his/her previously held classification. Such
request must be submitted in writing to the Fire Chief at least one (1) year prior to the
date of the requested reinstatement. Upon reinstatement, if the employee's current
base salary is equivalent to or in excess of Step E of. the respective Firefighter, Fire
Engineer, or Fire Captain salary range, his/her salary will not change until it no longer
exceeds Step E of the respective Firefighter, Fire Engineer, or Fire Captain salary
range.
If the employee's Paramedic salary is less than Step E, his/her salary shall be set at a
step in the range closest to his/her existing current base salary.
This section shall not apply to disciplinary demotions or layoffs.
036286.01 -4- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 20Q 2003
E. Special Certification/Skill Pay:
1. -State Board of Fire Service Certification — Any employee, in a position that did
not require .certification.as°:a condition.of,.employment, and ::who: at..any: time -has.
been or becomes certified by. the State:Boa rd:of Fire Services .in.a. classification
then occupied, -shall be °entitled; -upon : request, -,to :a: -cash-:payment of two
hundred fifty dollars :($250). Each employee may only- receive- gone such,
payment irrespective of the -number of times he/she, is certified .in any_ position.
2.. Paramedic Re -certification Each time a Firefighter -.Paramedic, Engineer
Paramedic, or Fire Captain Paramedic working in the position is re -certified as a
Paramedic, he/she shall be entitled to a cash payment of five hundred dollars
($500).
3. Firefighter Tiller. Certification — Firefighters that obtain -.and maintain the
certifications and qualifications as outlined in (a).through (c)below shall receive
$100 per month Tiller pay, effective September, �.1998. Said Tiller pay. shall be
included as partof total compensation for salary.comparison:
a. Tiller Certification — Obtain and maintain _.-Huntington:, Beach Tiller
Certification.
b. Class B Driver License — Obtain and maintain a minimum of a valid
California Class B Firefighter Restrictive License.
c. Light Air Unit — Ability to drive and operate, the Light Air Unit as required,
and identified in Exhibit E.
4. Hazardous Materials Team Responder — Those members who have been
specially trained for the position of Hazardous Materials Team Responder, and
are specifically assigned by the Fire Chief or his/her designee to the Hazardous
Material Unit or backup unit, shall receive additional compensation in the amount
of ; and
three hundred dollars ($300) per month. affortiye GGte er 1 1aa�
5. Bilingual Skill — Permanent employees who are required by the Fire Chief to use
their bilingual abilities in Spanish or Vietnamese as part of their job assignment
are to be paid five percent (5%) over their regular monthly salary after being
tested and certified by City Personnel as to language proficiency.
6. Fire Protection Specialist — Level I Investigator Certification -Must meet the
requirements of NFPA 1033 Professional Qualifications for Fire Investigator I, or
successful completion of the California State Board of Fire Services Fire
036286.01 -5- 11/13/00 5:25 Pall
FIRE MOU
October 1, 2000 through September 30, 2002 2003
Investigator I courses, including Investigation IA, IB, and PC 832. These
requirements must be met within six (6) months of appointment as a Fire
Protection Specialist.
F. Holiday Pay -In -Lieu —,Employees:shall: be compensated by the CITY.in lieu°of:the ten
listed- holidays at the rate of :0385 of 4he employee's monthly salary -rate set, forth -in
Exhibit B, payable each and every pay -period: The following are the recognized legal
holidays under this MOU:
1. New Year's Day (January 1)
2. Martin Luther King's Birthday
3. President's Day (third Monday in February)
4. Memorial Day (last Monday in May)
5. Independence Day (July 4)
6. Labor Day (first Monday in September)
7. Veterans' Day (November 11)
8. Thanksgiving Day (fourth Thursday in November)
9. Friday after Thanksgiving
10. Christmas Day (December 25)
11. Any day declared by the President of. -the - United States to ,be a .national
holiday, or by the Governor of the State of California to be, State holiday, and
adopted as an employee holiday by the City Council of Huntington Beach.
Holidays which fall on Sunday shall be observed the following Monday, and those
falling on Saturday shall be observed the preceding Friday.
Employees designated by the Fire Chief who are required to work regular shifts on
the above holiday set forth in Section F.1. of this Article, shall not be entitled to time
off or overtime.
G. Reportable to PERS — Subject to State Law and Regulations, compensation paid as a
result of this Article shall be reported to PERS as salary.
ARTICLE VI — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT
A-. Uniforms Provided by City. — The City will provide all personnel represented by the
HBFA with uniforms as described in the most current Policy C-2 —Uniforms
meted °mil 0�� executed by the parties.
B. Uniform Allowance/Fitness — City shall provide each employee who participates in the
Fire Department's current physical fitness program, Policy D-9, Physical Fitness
Program, one hundred fifty dollars ($4-G8 $150) per fiscal year for the purchase of
physical fitness uniforms and physical fitness shoes, payable in the first payroll period
036286.01 -6- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2002 2003
of December. New employees must actively participate a minimum of 90 days
prior to December 1St to be eligible for the December uniform allowance.
C. Uniform Care and Replacement:
1. The City at no cost to the employee, shall replace any .uniforms with the
exception i of _ the physical fitness uniforms that are destroyed, become
unacceptable, or were damaged by circumstances involving the Firefighter's
regular work while on duty.
2: The uniforms described in paragraph A of this Article and Policy C-2
Uniforms (dated April 0, 1997) — Uniforms shall be replaced by the City
whenever the Fire Chief or his/her designated representative determines that
such replacement is necessary. A,n employee whe disagrees Mf th thdetermination of the Fire Chief ()F his/her representative shall ha 11 '40
anneal that determination to the Uniform Advi6GFY Committee
3. The employee shall be responsible for the preservation and cleaning of all
uniforms.
4. All uniforms and equipment furnished by the City, with the exception of T-
, shirts, shall remain the property of the City and be: returned. or replaced if the
employee terminates.
D. Uniform Policies and Advisory Committee:
1. The present uniform and clothing policies, as delineated in this Article, shall
remain in effect until the Fire Chief or his/her designee and the Association
mutually agree on a new uniform system and on the date of implementation.
On said implementation date, all safety clothing and uniforms required by the
City to be worn by employees during working hours shall meet all applicable
State and Federal regulations relating to said clothing and, with the exception
of station uniforms, be of a high quality, fire resistant material.
2. A uniform advisory committee composed of two (2) members appointed by the
Association and two (2) representatives appointed by the Fire Chief, shall
make recommendations on the uniforms to be worn, the method of said
uniforms will be provided and obtained and further recommendations on safety
clothing and uniforms may be required during the term of this MOU.
E. Reportable to PERS: — Subject to State law and regulations, compensation paid as a
result of this Article shall be reported to PERS as salary.
036286.01 -7- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2002 2003
ARTICLE VII — HOURS OF WORK/OVERTIME
A. Work Schedule:
1. All twenty-four (24). hour shift -employees shall work: an average of fifty-six- (56)
hours per week'pursuant to the current schedule of five (5) twenty-four (24) hour
shifts in a fifteen (.15) day. period with six (6) consecutive days off.
2. All twenty-four (24) hour shift employees shall be on a.fourteeR (14) fifteen (15).
day work period as defined by the Fair Labor Standards Act (FLSA).
3. Fire Prevention staff and administrative work schedules are to be forty (40)
hours per week on a four (4) day workweek, ten (10) hours per day, twenty
eight (28) day FLSA work period.
B. Hours of Work - Defined:
1. Hours worked shall be-defined.as actual time worked, approved vacation, sick
leave, compensatory. time off, bereavement leave, and industrial injury or.illness
leave, with'the exception of exchange of shift not being included.
2. Exchange of -shifts shall occur at-0800 hours each,:.day. :However, employees
shall actually arrive sufficiently in advance of 0800 hours so as to comply with
Fire Department Rules and Regulations, Policy B-2, Section 7.37. Said advance
time shall not constitute hours worked.
3. Meal periods are paid as hours worked for personnel who are subject to call for
emergency duty.
4. The maximum time allowed within the forty (40) hour workweek schedule for
both lunch and physical fitness shall not exceed four (4) hours within any given
workweek. All physical fitness activities considered to be work activities shall be
conducted on duty within fire stations and under supervision.
5. An employee who is held over beyond the end of his regular shift shall be
compensated for the actual time he/she is required to remain on duty, computed
to nearest quarter (1/4) hour.
036286.01 -8- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2002 2003
6. Exchanges of time shall not be considered when computing hours worked as
defined in this Article.
7. An employee shall be considered to. beworking if he/she is orderedto' duty by
the Fire Chief or his/her designee.
F. Level Pay Plan:
Twenty-four (24) Hour Shift, Personnel — For the purposes of Gomm sting the bi
weekly pay for all hventy-four (24) hour shift employees, GOMpensation shall be
GOMputed on the Ghaasis of averaging the eveFtime pay due to these employees due
to the FLSA, the fou lay work period, GGuntinq all regulady SGheduled
non irne" ho irwsra s "hn„r 1eiorkerl , rl " enthe City's fifteen (15) day work nvrlo
The overtime pay resulting from these faGtC)FS shall be paid bi weekly based on the
of the overtime pay that would be paid oveF fifteen (15) Genserutive bi
p eek eFiods. Dwing fifteen (15) nonseGutiye hi -weekly nay
employee'sperods a total of one hundred -forty (140) hours of regularly sc;heduled hours are
required to be paid at the
The "normal"
bi weekly pay systern Will GOMpensate these ane hundred -
forty (1 it 0) hni it t the emplooyee's prermrr'rurn rate, averaged over fifteen (1 5) pay
nerieds res,,ltinn in 9.33 hors of nremiurn nw eanh hi_weekly nw period
These shift employees will, therefore, r eive 102 67 hours of pay at their regular
--�,��,,,,-r �,-�ere#c�,�es.�� . mow, .,...........y�..,..
;ate -easy bm weekly ay pert s 9.33 hours of nay at tTeirFemium Fate �f
pay for their regulaF rate tO GOrnpensate these employees for their overtime due to
the regularly Scheduled—shiftsonly �
. he onGentinn to the above shall he_f�n�
e�eyees iln °06t time" status.The FLSA work period for twenty-four hour
shift personnel shall be changed from a 14 day work period to a 15 day work
period. The 15 day FLSA work period shall begin at 8 a.m. on the first shift
worked by the A shift following six days off. There shall be 14 FLSA work
periods for every fifteen 14 day pay periods. Each employee shall be
regularly scheduled to work 1680 hours during each cycle of 14 FLSA work
periods (or fifteen pay periods). All hours worked in excess of 110 hours in
an FLSA work period shall be compensated at the premium rate (one and
one half times the regular rate of pay), so that for every cycle of 14 FLSA
work periods, an employee shall receive 140 hours of premium pay for
working regularly scheduled hours. All regularly scheduled non "lost time"
hours shall be counted as hours worked. Each employee assigned to
twenty-four shifts for a full FLSA work period shall receive 102.67 hours of
regular pay and 9.33 hours of premium pay in each bi-weekly pay period,
which shall compensate the employee for FLSA overtime for regularly
scheduled shift work. The intent of this system is that all FLSA overtime
hours worked shall be compensated by the first payday following the end of
036286.01 -9- 11/13/00 5:25 PM
FIRE MOLD
October 1, 2000 through September 30, 2002 2003
the 15 day FLSA work period. In the event that an employee receives FLSA
overtime on a payday before that employee has actually worked FLSA
overtime hours, the amount received shall be credited for FLSA purposes
toward the next occasion -on: which the employee works.. FLSA overtime.: ;lf
-an employee who;is'paid;FLSA overtime in advance 'ofrworking FLSA hours.
leaves City -employment, there shall - be an. adjustment :in 'his/her final
paycheck to reflect such advance payment.
2. In addition to the premium pay provided above, twenty-four (24) -.hour shift
employees shall receive ~premium pay for hours_ worked in :excess :of regularly
scheduled hours unless the employee has "lost time" -in -a regularly scheduled
shift. If there is "lost time" in any regularly scheduled shift, the employee shall
receive premium pay for only those overtime hours worked in excess of the
number of lost time hours in the bi-weekly pay period.
_. 3. Lost Time — Defined—:°Lost.time" is defined as.time when theemployee does not
work when regularly .scheduled to do. so and does not receive a .leave of absence
with pay.
4. Forty Hour Weekly Personnel — Personnel who are not assigned :to. twenty-
four hour shifts but are tassigned ~to work forty hours per week -shall have a
twenty -weight (28) day FLSA work period,°which shall correspond to exactly
two City pay periods and shall begin at the same time as a City pay period.
Forty -hour personnel shall continue to receive premium pay for working
hours in excess of their regularly scheduled hours.
D. Overtime/Comr)ensatory Time:
1. Paid Overtime
a. All employees covered by this MOU shall be eligible for overtime pay at their
premium hourly rate for all actual work performed in excess of the
employees' scheduled hours in their declared work period.
b. Any employee who voluntarily works overtime in a different classification
shall be compensated at a rate of pay consistent with the classification
worked. Any employee who is ordered in to work in a lower classification
shall be compensated at the rate attendant to his/her regular classification.
c. The City will maintain and adhere to the overtime system as set out in the
most current Policy D-3 executed by the parties. MarGh 25, . The
overtime system and/or Policy D-3 may be modified by mutual agreement of
the parties at any time during the term of the MOU.
036286.01 -10- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2002 2003
2. Compensatory Time
a. Non -Exempt All.,. overtime :.worked 1 by non-exempt .employees %shall..be
compensated 'at the employee's premium hourly rate of pay.and shall: -not be.
compensated by compensatory time off.
b. Staff Personnel- For all staff personnel positions, in :lieu of compensation
by cash payment for overtime as .provided :in this Article, such employees
may, -at their option and.with.the approval: of the Fire Chief, be compensated
by compensatory time off at time and . one , half for each overtime hour
worked.
1) Compensatory time may be accumulated to a maximum of one
hundred -twenty (120) hours: Compensatory time may be taken on an
hour -for -hour basis only with the permission of the Fire Chief, with due
consideration for the request of the employee and particular regard for
the need of the Department.. Upon his/her request, any employee
may elect to convert all or a. portion of compensatory time to a cash -
payment at the employee's premium hourly -rate. - Any such payment
shall be made on the . next regular payday, following the request,
provided the request. is made by the end of. the .previous payroll
period.
2) Compensatory time may not be received in lieu of a cash payment for
time worked during major emergencies when, in the opinion of the
Fire Chief, the City may be eligible for reimbursement from another
agency for said cash payment.
c. Compensatory Time Paid Off — At the time of any change in the salary
schedule, any accumulated time which has not been used or paid off, shall
be paid in cash at the premium hourly rate based upon the salary schedule
in effect prior to the change.
3. Callback — Employees who are ordered to return to duty on other than their
regularly scheduled shift shall receive a minimum of two (2) hours compensation
on an hourly basis.
4. Mandatory Standby — Any employee may be placed on "mandatory standby" by
the Fire Chief or his/her designee. Employees on mandatory standby must
remain available for immediate response during the designated standby period.
All personnel placed on mandatory standby shall receive a minimum of two (2)
036286.01 -11- 11M3/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2002 2003
hours compensation for each twelve (12) hours of off duty standby time or
fraction thereof.
5. Pagers — Recognizing that�_personaV pagers are' partof the Fire > Department's
business and emergency alerting system,pagers shall•be issued and worn only
on a voluntarybasis with -'the. exception of -members- who are placed on
mandatory standby who may be required to wear -.a personal pager while -on-
such standby. An employee .placed on mandatory standby may voluntarily wear
a pager, and if so, shall receive a minimum of two (2) hours compensation for
each twenty-four (24) hours of `off duty standby time orfraction thereof.
Members assigned to special staff or prevention duties and voluntarily receiving
other types of consideration (i.e., twenty-four (24) hour assigned vehicle) may be
required to wear pagers and respond while off duty when within pager call
range.
6. Required Training Attendance - An employee who is,required:to attend.a class
or seminar to .maintain his/her current position shall have-. his/her related
expenses paid by. the. City. When attendance occurs at a time : when the
employee is not- scheduled to work, he/she shall be compensated on an hourly
basis.
7. Cancellation of Overtime — Any employee who is scheduled to work overtime in
advance of the time set forth for such scheduling in Huntington Beach Fire
Department Organization Manual, Policy D-3 , which
scheduling is subsequently cancelled less than seventy-two (72) hours in
advance of the commencement of the scheduled overtime shift, shall receive a
minimum of two (2) hours pay on an hourly basis.
8. Court Time:
a. Employees placed on standby for a court appearance involving City
business during other than their scheduled working hours shall receive a
minimum of two hours straight time pay for each morning and/or afternoon
session.
b. Employees appearing in court on City business during other than their
scheduled working hours shall receive a minimum of three (3) hours pay at
time and one half; provided, however, that if such time overlaps with the
employee's scheduled working hours, said premium rate shall be limited to
those hours occurring prior to or after the employee's scheduled work time.
036286.01 -12- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2-GQ 2003
c. Employees shall not receive both standby pay and time and one half pay for
the same court session. An employee who is on standby and reports to
court will be paid in accordance with b. above.
9. Pay Out of Rank When an employee in 'the - classification :of :fire: Captain
Paramedic is working solely in the capacity, of a Fire Captain,'that individual shall
still :be compensatedat the rate of pay attendant to his classification of Fire
Captain Paramedic. When an employee in the classification of Fire;Engineer
Paramedic is working -solely in the capacity of'a Fire Engineer, that :.individual
shall still be compensated:at the rate -of pay attendant to his classification of;Fire
Engineer Paramedic. When an employee in ,the classification of Firefighter
Paramedic has been ordered to work in the capacity of a Firefighter, he shall be
compensated at the rate attendant to his classification of Firefighter Paramedic;
provided, however, when he volunteers to work as a Firefighter, he shall then be
compensated only at the rate attendant to that classification.
E.. Jury Duty — Employees .who are summoned to perform jury. service shall be. entitled
to their regular compensation while serving; provided the fees, except mileage and
.subsistence allowance, if any, which they receive as.jurors, are:remitted to the City.
F. Shift Exchange/Relief:
1. The Fire Department shall allow Association members' exchanges of schedule
pursuant to the most current Policy D-7 (dated—DeGembeF 22,-1986) of the
Huntington Beach Fire Department Organization Manual that has been
executed by the parties. Policy D-7 (Exchange of Schedule) may be modified
by mutual agreement of the parties at any time during the term of this MOU.
2. An employee may be relieved by any other employee who is qualified to relieve
him/her at any time between the hours of 0600 to 0800. It shall be the
responsibility of the employee's supervisor to insure that the relief of all
employees is accomplished in a fair and equitable manner. The employee's
supervisor may revoke this early relief privilege if abuses occur. It is understood
and agreed that such early relief provisions shall not result in any additional cost
to the City.
G. Assigned Shift Policy — Employees of equal rank shall have the option to change
assigned shifts on an employee for employee basis upon written request to and
approved by the Fire Chief.
H. Minimum Staffing and Filling Vacancies:
036286.01 -13- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2-002 2003
1. Minimum Staffing Levels — The City shall cause apparatus to be staffed with
sufficient employees to assure the safety of employees and the control of
risk. For these purposes, the minimum staffing of apparatus shall be as
follows defined . by Policy D-14, Minimum Staffing and Filling .:of
Vacancies, dated -December `1 . 1995, -,la, copy .of:=which, is-: attached- as -
Exhibit H and incorporated by reference herein:
..
--1. 1 k1i- - - - -
- -
..
-
... - nth_ - - -
036286.01 -14- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2-GQ 2003
-
•- - - - --
-•
-
- - 2- -
- - - -
036286.01 -15- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2002 2003
....
-..-
-- -
ARTICLE Vlll — HEALTH AND OTHER INSURANCE BENEFITS
A. Health:
1. Medical:
a. The City shall provide current group medical insurance benefits to all
employees e#estiue--on—d-�tat ta—hire. The Git}y shall pFoyii a an
0ndernnity plan as well as two (2) L. MQ plans from whinh the employe
may Ghoese. The HMO plans available for the duration of this MQU
shall be HealthNet and PaGifiGare. effective the first of the month
following thirty (30) days of employment.
b. The coverage and benefits provided under the City Self -Insured and
Self -Administered Indemnity Plan (hereinafter called "the Plan") shall be
as provided in the Employee Health Plan document as amended
pursuant to Exhibitc Article XII F of this agreement.
c. Effective January 1, 2001, HealthNet shall be the HMO option.
2. Dental — The City shall provide each employee and his/her dependents the
dental and/or orthodontic insurance program contained in Delta Care Policy
#4002 or Delta Dental Policy #4729 as amended pursuant to Exhibit G
pursuant to Article XII F of this agreement. Employees may choose
either plan.
036286.01 -16- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 20Q 2003
3. Optical - The City shall continue to offer a vision plan for employees and
dependents pursuant to Article XII F of this agreement.
4. Eligibility Criteria and Cost:
a. Heatth 2000 Premiums
City's 4998 contribution toward health costs-te be-e#estive September
5, 1998 in the year 2000 as outlined below.
1) Health Insurance Caps The 'City "caps" its contribution toward
employee monthly health insurance premiums by category and
plan at the rate effective January 1, 2000, for the year ending
December 31, 2000 as set forth below:
Monthly
Delta
Premiums*
City Plan
HealthNet
PacifiCare
Dental
Delta Care
Safeguard
VSP**
Employee
$ 238-62
$-153.26
$150.24
$ 34.59
$-21.48
$ U.56
$ 17!.10
Only
283.28
165.06
165.06
36.99
22.12
16.20
17.58
Employee
477 26
335 53
229-14
66.07
36 5-4
3341
1710
+ One
560.18
361.66
361.66
70.65
37.61
29.16
17.58
Employee
59547
440 99
432 82
.93R6
55.83
4264
17rin
+ Family
685.86
476.68
476.68
100.37
57.51
37.22
17.58
C-rrant
4W-Gap
54400
544 00
544.On
99�nn
an an
99,00
13.an*
* 1998 Rates are listed - City "cap" would be current 2000 rates.
** Composite Rate
2) Employee Paid Premiums - Employees hired prior to
September 5, 1998, the City shall pay medical, dental, and vision
premiums; subject to 4a and 4b above.
3) Two Tier Health Premium - Employees hired on or after
September 5, 1998, the City's contribution toward medical
insurance shall be at the highest HMO rate of (1) employee, (2)
employee+ dependent, or (3) family. This provision "Two Tier"
shall expire on December 31, 2000.
b. 2001-Premiums
The City "caps" its contributions toward employee monthly health
insurance premiums by category and plan at the rate in effect
January 1, 2001 for the year ending December 31, 2001 as set forth
below:
036286.01 -17- 11/13/00 5:25 PM
FIDE MOU
October 1, 2000 through September 30, 2002 2003
Monthly
Delta
Premiums*
City Plan
HealthNet
Dental
Delta Care
Safeguard
VSP**
Employee
261.01
170.01
36.99
22.12
16.20
17.58
Only
Employee
516.14
312.51
70.65
37.61
.29.16
17.58
+ One
Employee
631.94
490.98
100.37
57.61
37.22
17.58
+ Family
c. 2002 Premiums
The City "caps" :its contribution toward .employee monthly health
insurance premiums by category (employee, employee + one,
family) and plan (medical, dental, vision) at the rate in effect
January 1, 2002 for the year ending December 31, 2002.
d. 2003 Premiums
Health Insurance Caps — The City "caps" its. contribution toward
employee monthly health insurance premiums by category
(employee, emplopyee + one, family) and plan (medical, dental,
vision) at the rate in effect December 31, 2002 for the year
beginning January 1, 2003. If, projected .costs, for any medical
plan, exceed ten percent 10% for 2003, the City will meet and
confer at HBFA option on cost containments and plan costs.
e. Dependent Health Coverage — The City will assume payment for
dependent health insurance, subject to paragraph 4d a and b above,
effective the first of the month following the month during which the
employee completes one (1) year of full time continuous service with the
City.
5. Plan Changes to City Medical Plan (Effective Qrtober, 1999 January 1,
2001):
•
..12-
.
036286.01 -18- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2002 2003
-
- -- -
-
• - -.
- - •
PIN_.
MUTT
a. Annual Plan Deductibles — The medical ,plan deductible shall be
two hundred dollars ($200) per individual with a maximum of five
hundred dollars ($500) per family.
b. Out of Network — Non PPO co -payment shall be sixty percent (60%)
of allowable, usual, customary and reasonable charges after the
annual deductible has been met.
c. Out of Pocket Maximum — The annual out of pocket maximum shall
be fifteen hundred dollars ($1,500) per individual with a maximum
of thirty five hundred dollars ($3,500) per family.
d. Preventive Medical Care — Part IX of the Employee Health Plan
Document shall be revised to read as follows:
Benefits will be provided up to $200 per person every year for
preventive medical care. Such care shall include such usual
preventive medical options as an every year physical exam for
adults, yearly PAP tests for females, flu shots, chest x-rays, EKG
and other diagnostic lab tests if certified by the physician that
such procedures are included under a routine physical
examination and is not in connection with the diagnosis or
treatment of any illness, disease or accidental bodily injury.
036286.01 -19- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 20022003
All well baby exams for an infant for the first year of life will be
allowed and are not subject to the $200 maximum benefit. All
immunizations for infants/adults will be provided and coverage is
not limited to the $200 maximum benefit.
6. Medical Cash Out:
Effective January 1, .2001, if an employee is covered by a medical
program outside of a city -provided program. (evidence of which must
be supplied to Administrative Services Department, Human
Resources Division),: they may elect to. discontinue City medical
coverage and receive two hundred dollars ($200) per month to deposit
into their Deferred Compensation account or any other pre-tax
program offered by the City.
7. Section 125 Plan:
Effective January 1, 2001, employees may begin utilizing this plan
which allows employees to use pre-tax salary to pay #or regular child
care, adult dependent care and/or medical expenses.
B. Life and Accidental Death and Dismemberment:
1. Life The City .shall provide .a Life Insurance plan for the .employees
covered by this MOU. Said plan shall be equal to that provided by Standard
Insurance Company Policy 332175-F, Optional Insurance, Section 1 B,
Plan A.
2. Accidental Death and Dismemberment — The City shall provide an
Accidental Death and Dismemberment Insurance plan for employees
covered by this MOU. Said plan shall have a benefit amount of fifty
thousand dollars ($50,000) as described in Bankers' Life Policy #SR83-556-
50.
C. Long Term Disability — The City shall pay to the Association on behalf of each
employee covered by this MOU, on a monthly basis, an amount of thirty-fouT
dollars and eighteen Gents ($34 Q4 not to exceed thirty eight dollars ($38.00)
per member for a Long Term Disability policy. The City's
this paragraph shall be to make payments to the AssOGiation OR aGGerdaRGe with
th��ve66hhedule-. The program shall be subject to the terms and
conditions contained in Exhibit F.
D. Survivor's Benefit — Level III — The City shall place all unit members currently at
Level I into Level III. Also, as soon as practical, the City shall contact PERS to
determine if any unit member who has not opted to be covered by Level I may
036286.01 -20- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2002 2003
be allowed to opt into Level III. If there is no cost to the City for unfunded
liability, all eligible unit members shall be placed in the Level III program. If there
is a cost for unfunded liability attendant to receiving Level III benefits, any
employee who wishes..to -participate in that Level shall pay .those attendant
costs.
E. Miscellaneous:
1. Nothing in this Article shall be deemed to restrict the City's right to change
insurance carriers should circumstances warrant.
2. Nothing in this Article shall be deemed to obligate the City to improve the
benefits outlined in this Article.
3. Whenever an eligible employee is absent because of illness or injury, the
City shall continue to provide to the employee and his/her dependents, all of
the insurance benefits set forth in this Article for the duration of -any such
approved absence not to exceed twenty-four (24) months.
ARTICLE IX — RETIREMENT
A. Benefits:
1. Public Employees' Retirement System:
a. The City shall provide all safety employees with that certain retirement
program commonly known and described as the "2% at age 50 plan" which
is based on the retirement formula as -set forth in the California Public
Employees' Retirement System (PERS), Sections 20952.5 and 21252.01 of
the California Government Code, including the one-half continuance option
(Government Code Sections 21263 and 21263.1) for safety employees and
the survivor option for all employees as established by the California Public
Employees' Retirement System, Section 21382 of the California
Government Code.
b. Effective on or before June 30, 2001, the City shall amend its contract
with PERS to implement the "3% at age 50" retirement formula set
forth in California Government Code Section 21362.2 for all safety
employees represented by the Association. At the present time, based
upon actuarial studies conducted by PERS, the City is not required to
make any retirement contributions with respect to employees
represented by the Association. If, at any time after the
implementation of the 3% at age 50 formula the City is required to
036286.01 -21- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2002 2003
make retirement contributions with respect to employees represented
by the Association, the amount with respect to which each employee is
reimbursed pursuant to Article IXI31 shall be reduced by .a percentage
equal to one-half.oUthe percentage of compensation,.earnableahe City
is required to ,pay in .retirement contributions to PERS, not to exceed
2.25%. For example, if the City is required to contribute an amount
equal to 2% of each employee's "compensation earnable", the amount
of the reimbursement set forth in Article IXI31 shall be reduced from
9% of the employee's compensation earnable to 8%.of the employee's
compensation earnable. If, on the other- hand,. the ,City. is required to
contribute an amount equal to 8% of each employee's "compensation
earnable", the amount of the reimbursement set forth in Article IXI31
shall be reduced to 6.75% of the employee's compensation earnable.
c. The City shall contract with PERS to have retirement benefits calculated
based upon the -employee's highest -one year's compensation, pursuant to
the provisions of Section 20024.2 (highest single year).
d. The obligations of the City and the retirement rights of employees as
provided in this Article shall survive the term of this MOU.
2. Self -Funded Supplemental Retirement Benefit:
a. In the event a member elects Option #2 (Government Code Section 21333)
or Option #3 (Government Code Section 21334) of the Public Employees'
Retirement Law, the City shall pay the difference between such elected
option and the unmodified allowance which the member would have
received for his/her life alone. This paymentshall be made only to the
member, shall be payable by the City during the life of the member, and
upon that member's death, the City's obligation shall cease. The method of
funding this benefit shall be the sole discretion of the City. This benefit is
vested for employees covered by this MOU. (Note: The options provide
that the allowance is payable to the member until his/her death, and then
either the entire allowance (Option #2) or one-half (1/2) of the allowance
(Option #3) is paid to the beneficiary for life.) Nothing in this Article shall be
deemed to restrict the City's right to contract with PERS for the benefits
provided under this Article.
b. Employees hired on or after October 4, 1999, shall not be eligible for the
"Supplemental Retirement Benefit" referenced in Article IX.A.2 above.
3. Medical Insurance for Retirees:
036286.01 -22- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2002 2003
a. Upon retirement, whether service or disability, each employee shall have the
following options in regards to medical insurance under City sponsored
plans:
1) With no .change. in benefits, retirees can . stay in ,any of the plans
offered -by the City, at the retiree's own. expense, for the maximum
time period required by Federal Law (COBRA), or
.2) Retirees may participate in the Retiree Medical plan or either of the
HMO plans currently being offered to retirees.
b. Retired employees exercising either of the options in Article IX.A.3.a may
cause any premiums not paid by the City to be paid out of funds due and
owed to them for unused sick leave benefits upon retirement, as provided in
Article IX.A.3.a. However, whenever a retired employee does not have any
such available funds, he/she shall have theopportunityto provide the City
with sufficient funds to pay the premiums. At; retirement, the sick leave
hours remaining may, at the employee's option, be converted to a dollar
figure, as provided in Article IX.A.3.a, and an estimate shall be provided by
the City. to the retired .employee as to the approximate number of months the
group insurance can be paid by such sick leave dollars: The City shall notify
any retired employee whose funds available forrunused sick leave benefits
are about to be exhausted of such fact, in writing by certified mail, return
receipt requested, at the retired employee's most recent address- of record
with the City no later than three (3) months prior to the date upon which
there will not be sufficient funds to pay premiums. It shall be the individual
retiree's responsibility either to insure that there are sufficient sick leave
dollars available to pay premiums or to make , premium payments at least
one (1) month in advance, to continue the group insurance in effect. If
following exhaustion of sick leave funds a retired employee fails to provide
the City with sufficient additional funds to pay premiums, the City shall have
the right to notify said retired employee in the manner prescribed above that
it intends to cause his/her coverage to be terminated for non-payment of
premiums, and the further right to terminate such coverage, if such default
has not been cured within thirty (30) days following receipt of such notice.
Any retired employee electing to obtain such medical coverage after
retirement shall have no further option to terminate such coverage following
the provision of thirty (30) days written notice to the City, whereupon any
funds due and owed to him/her for unused sick leave benefits that have not
been exhausted to pay these health insurance premiums shall be paid in a
lump sum to the retired employee within thirty (30) days following receipt by
the City of such notice. Once a retired employee elects to terminate such
036286.01 -23- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2002 2003
coverage, he/she shall
group rate.
B_ Public Em
fees' Retirement S),
precluded from securing it at a later date at the
rtina:
1. Employee's Contribution — Subject to the.limitations. contained .in.Article IX A - -
1 b €each safety employee: covered by this MOU shall continue to be
- reimbursed nine percent (9%) of the employee's base sala��
reportable compensations as the City's payment toward the employee's
contribution to the Public Employees' Retirement System.
The above PERS pickup is not base salary but is done pursuant to
Section 414(h)(2) of the Internal Revenue Code. The above pickup shall be
credited to the employee's account with PERS.
Should any ruling by either PERS or other State. or Federal agency, nullify the
benefit authorized above, the City and the Association agree to reopen
negotiations regarding wages and salaries.
2. Rollover: -- No unit em lol
p Y ee -shall .be allowed to continue the rollover -benefit
provided by Article IX.B.2 of the 1991/1993 MOU beyond January 31, 1994.
a. By entering into this Agreement, neither the Association nor any of the
employees it represents waives or relinquishes claims for the retirement
enhancements attendant to the "rollover benefit" described above, that are
presently being asserted by the Association on behalf of those individuals in
pending litigation in the Orange County Superior Court entitled City of
Huntington Beach v. State Board of Control, et. a/. (Orange County Superior
Court Case No. 77995,8.)
3. Reporting of Base Salary I— Provisions of the Level Pay plan, Article VII.C, shall
be used for purposes of reporting the bi-weekly pay of twenty-four (24) hour shift
employees to the Public Employees' Retirement System (PERS).
C. Reinstatement Privileaes for Disabilitv Retirees — Whenever the retmFernent benefit of
employee at. histher former position and pay step, upon appliGation theFeof by said
employee. If a retiree seeks to cause PERS to revoke his/her disability
retirement on the grounds that he/she is no longer incapacitated from
performing the duties of the position held at the time of retirement, the City will
not certify that he/she is no longer incapacitated from performing those duties
until the employee passes the Departmental physical agility test. If PERS
036286.01 -24- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2092 2003
revokes his/her disability retirement, the City shall immediately reinstate the
employee at his/her former position and pay step.
ARTICLE X — LEAVE BENEFITS
A. Leave with Pay:
1. Vacation — The purpose of annual .vacation is to provide a rest period, which will
enable each employee to %return to work physically .and -mentally refreshed All
employees shall be;entitled to annual.vacation, with pay, in accordance with this
Article.
a. Accrual — Permanent, full time employees shall accrue annual vacations at
their appropriate assigned work schedule rate, either
40-hour or 56-hour workweek. Paychecks will identify the
accrued vacation (Accrued) and accrual rate (Constant) based on their
actual work. schedule, either a 40-hour or, 56-hour schedule. In the
event of a change in work schedules, personnel will have their assrual
maximum accrualed . vacation (Accrued) and accrual . rate (Constant)
changed to the new schedule using the conversion factor .7143
(40 = 56). . Personnel. who ,change from a -fifty-six (56) hour schedule to a
forty (40) hour schedule shall multiply the existing hours by .7143. (See
Exhibit G) Personnel who change from a forty (40) hour schedule to a fifty-
six hour schedule shall divide their existing hours by .7143. Personnel
shall accrue annual vacations at the following rates:
For the first four (4) years of continuous service vacation time shall be
accrued at the rate of one hundredand twelve (112) hours per year for 40-
hour per week employees, and one hundred and fifty-seven (157)
hours per year for 56-hour per week employees.
After four (4) years of continuous service to the completion of nine (9) years
of continuous service, vacation time shall be accrued at the rate of one
hundred thirty-six (136) hours per year for 40-hour per week employees,
and one hundred and ninety (190) hours per year for 56-hour per week
employees.
After nine (9) years of continuous service to the completion of fourteen (14)
years of continuous service, vacation time shall be accrued at the rate of
one hundred sixty (160) hours per year for 40-hour per week employees,
and two hundred and twenty-four (224) hours per year for 56-hour per
week employees.
036286.01
-25- 11/13/00 5:25 PM
i
FIRE MOU
October 1, 2000 through September 30, 2002 2003
After fourteen (14) years of continuous service vacation to the completion
of nineteen (19) years of continuous service, time shall be accrued at the
rate of one hundred ninety-two (192) hours per year for 40-hour per week
,employees, and one; hundred sixty-nine (269) hours per- year :for ' 56-
hour per week=employees.
Employees with twenty :(20) years of continuous service as of July 9, 1988
shall accrue vacation time at a rate of 205.721wo.hundred and six (206)
hours per year for 40-hour per week -employees, and two hundred and
eighty-eight(288) hours per year for 56-hour per weekemployees.
Vacation allowance shall not be accumulated in excess of three hundred
forty-two (342) hours for 40-hour per week employees, and four hundred
and seventy nine eighty (47-9) (480) hours per year for 56-hour per week
employees.
e b. Eligibility and Permission,— No vacation may. betaken until the completion of
six (6) months of employment. No employee shall -.be permitted to take
vacation in excess of actual time earned and no employee shall take
vacation that is being accrued while the employee is on vacation. Vacations
shall be taken only with permission of the Fire Chief and his/her designee,
who shall schedule all vacations with due consideration for the request of
the employee and particular regard for the need of the Department.
The Fire Department operates on a three -shift basis, with personnel being
assigned to either the "A, B or C" Shift for work scheduling purposes. On
each such shift, there shall be four (4) available vacation absences (referred
to as "vacation slots"). That is, at any one time, there may be four (4)
persons absent from duty on each such shift due to vacation. These slots
shall be made available by rank, one (1) to Firefighters, one (1) to Fire
Engineers one (1) to Firefighter Paramedics and one (1) to Captains.
Thereafter, each additional employee shall be entitled to receive time off for
requested vacation leave, so long as a qualified replacement is available to
serve in his absence.
d-c. Conversion to Cash — On two (2) occasions during each fiscal year each
employee shall have the option to convert into a cash payment up to a total
of eighty (80) hours, at the forty (40) hour rate, or one hundred twelve
(112) at the fifty-six (56) hour rate, of earned vacation benefits shall be so
036286.01 -26- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 20022003
^^w,,Verted during any one (1) fiscal year. The employee shall give two (2)
weeks advanced notice of his/her desire to exercise such option. Vacation
accumulated in .excess of three hundred -forty-two (342) hours at the forty
(40) hour rate.shall be. paid -in cash at .the straight time forty (40) hour rate,
or eight: (47-9), (480) -:hours-at =the :fifty-six'''(56)
hour rate shall be paid 1ri cash at the.straight time ,fifty-six "(56) hour
rate on the first payday following such accumulation.
e d. Pay -Off at Termination —Except as provided in Section A.1.d. of -this Article, "-
no -employee shall be. paid for unused: vacation,. other than upon termination
.of employment, at which time said, terminating employee shall receive
compensation at his/her current salary rate for all unused, earned vacation
to which he/she is entitled up to and including the effective date of his/her
termination.
2. Sick Leave:
a. Accrual SaGk leave aGGrual shall be On aGGerdanGe with Rule 18 9 of the
-
PerqnnTel Rules. Employees vefed by this--""�hatl asErue sislE
leave+ +� p rate-ef 2 6Q2 hours per pay -died. The conversion factor for
SiGk leave . usage for w fnW (`4) hour per-sGRnel-shail- be7143. _.
Sick leave accrual shall be in accordance with Rule 18-9 of the City's
Personnel Rules. Employees covered by this MOU shall accrue sick
leave at the rate of 3.6923 hours per pay period for 40-hour week
employees, and 5.1691-1-66 for 56-hour week employees. Paychecks
will identify the maximurA accrued sick leave (Accrued) and accrual rate
(Constant) based on their actual work schedule, either a 40-hour or 56-
hour schedule. In the event of a change in work schedules, personnel
will have their m�,�irn-rn accrualed and sick leave (Accrued) and
accrual rate (Constant) changed to the new schedule using the
conversion factor .7143. Personnel who change from a fifty-six (56)
hour schedule to a forty (40) hour schedule shall multiply their accrual
rate by .7143. (See Exhibit G). Personnel who change from a forty (40)
hour schedule to a fifty-six (56) hour schedule shall divide their accrual
rate by .7143.
b. Pay -Off at Termination - Upon termination for reasons other than for
industrial disability retirement, employees shall have their accrued
vacation and sick leave converted to the forty (40) hour rate and then
shall be paid (or have paid on their behalf as provided in Article IX.A.3.b) at
their current forty (40) hour salary rate for twenty-five percent (25%) of
unused, earned sick leave from four hundred -eighty (480) through seven
036286.01 -27- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2002 2003
hundred -twenty (720) hours, and for fifty percent (50%) of all unused,
earned sick leave for hours in excess of seven hundred -twenty (720) hours.
Upon termination -for industrial disability wretirement,. all ,employees shall
have their accrued vacation and sick leave converted to the ,forty (40) -
hour rate,. and then shall be paid. (or have paid on their. behalf .as provided in, Article IX.A.3.b) at their. current forty (40) hour salary rate for twenty-five
percent (25%) of unused, earned sick leave from zero (0) through four
hundred -eighty (480) hours, ,and for fifty percent (50%,) of all unused, earned
sick leave in excess of four hundred -eighty (480) hours.
c. Utilization in Conjunction with Industrial Disability Leave — Sick leave cannot
be used to extend absences due to work related (industrial) injuries or
illnesses.
3. Family Sick Leave:
a. Twenty -Four (24) Hour Shift Employees — Twenty-four (24) hour shift
employees shall be entitled to charge up to three (3) shifts per year of sick
leave for family sick leave as presently defined in the City Personnel Rules,
where the attendance of the employee is required.
b. All Others — Other employees shall be entitled to family sick leave in
accordance with Rule 18-8(d) of the City's.Personnel Rules.
c. Authorization — The Fire Chief may authorize an employee to charge
additional sick leave for family sick leave in the event of serious illness of an
employee's dependent(s), where warranted by the circumstances.
4. Bereavement — Employees shall be entitled to bereavement leave not to exceed
two (2) work shifts for those employees on the twenty-four (24) hour work
schedule, or three (3) work shifts for all other employees in each instance of
death in the immediate family. Immediate family is defined as father, mother,
sister, brother, spouse, children, grandfather, grandmother, stepfather,
stepmother, stepgrandfather, stepgrand mother, grandchildren, stepsisters,
stepbrothers, mother-in-law, father-in-law, brother-in-law, sister-in-law,
stepchildren, or wards of which the employee is the legal guardian.
5. Association Business — During the term of this MOU, authorized representatives
of the Association shall be entitled to receive up to a total of four hundred (400)
collective hours without any loss of compensation per contract year to be utilized
for lawful Association activities. In addition, up to one hundred -fifty (150) unused
hours may be carried forward to the next contract year.
036286.01 -28- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2002 2003
ARTICLE XI — CITY RULES
A. Personnel Rules
The City and,the Association must meet and confer:during the term°of this MOU°on
modifications of the Personnel Rules and/or Departmental Rules.
The City and the Association agree to implement rule changes and accordingly revise
the Personnel Rules as described in Exhibit D.
B. Precedence of Agreement
In any case in which any provision of this Memorandum of Understanding in
inconsistent with any City ordinance, rule, regulation, resolution, including provisions
of any Fire Department Manual, the provisions of this MOU shall supercede and take
precedence.
C. Layoff Rules: The procedure and practice regarding layoffs in effect on July 1, 1980
shall remain in full force and effect during the entire term of this MOU.
ARTICLE XII - MISCELLANEOUS
A. Fire Department Promotional Exams — Policy D-10 — Promotional examinations shall
be held in accordance with the ps+errs-sf most current Policy D-10, date
20,084), of the Huntington Beach Fire Department Organization Manual executed
by the parties— Policy D-10 may be modified by mutual agreement of the parties at
any time during the term of this MOU.
B. Living Quarters — The City shall provide necessary kitchen, living and sleeping
quarters in several fire stations and shall continue to provide facilities for Association
meetings.
C. Paychecks:
1. Bi-Weekly Pay — Salary shall be paid on a bi-weekly basis. By mutual consent of
the City and the Association, early payment and other modifications may be
made.
2. Paycheck Distribution — Paychecks shall be ready and available for distribution to
each employee by 0700 hours on each payday at the Joint Powers Training
Center, except in the case of unforeseen circumstances beyond the control of the
City. A monthly paycheck stub or memorandum accompanying the paycheck
shall contain an itemization of amounts paid under various categories of pay,
including educational incentive pay, holiday pay, and all overtime, and shall also
036286.01 -29- 11/13/00 5:25 PM
FIDE MOU
October 1, 2000 through September 30, 2002 2003
entail an itemization of the nature and the purpose of each deduction withheld
from the employee's gross earnings.
3. Vacation Paycheck — Each employee shall, at his: option, by written notice to the
City's Director of Finance, . be given at least- two (2) weeks -prior to the
commencement of,said employee's scheduled vacation, be entitled to receive his
earned vacation pay, less .deductions in advance -of said vacation. Said right to
receive advance payment of earned vacation pay shall be limited to one such
advancement during each calendar year.
D. Class "B" Driver License Employees required by the City to obtain a State of
California Class "B" or Class "B" Firefighter Restrictive Driver License will be
reimbursed for fees paid to the California Department of Motor Vehicles to obtain the
Class "B" Firefighter Restrictive Driver License.
E. Fleet Management Program — Association agrees to the policies and
procedures contained in the 1999 City Fleet Management Program.
F. Adopted Documents — The following documents are adopted and incorporated herein
by reference:
1. Plan Document (HealthNet)
3 2. Plan Document (Employee Health Plan)
4 3. Plan Policy #4002 (Delta Care)
4 4. Plan Policy #4729 (Delta Dental)
6 5. Vision Care Plan
7 6. Bankers Life and Casualty Company — Policy #SR83,556-50
6 7. Standard Insurance Policy #332175-F
0 8. Retiree Medical Plan
G. Deferred Compensation Loan Program — Employees may begin utilizing this
program, under which employees may borrow up to 50% of their deferred
036286.01 -30- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2009 2003
compensation funds for critical needs such as medical costs, college tuition, or
purchase of a home.
ARTICLE XIII — MANAGEMENT RIGHTS
Except as expressly abridged or modified herein, ' the City retains all rights, powers, and
authority with respect to the management and direction of the .performance of fire services
and the work forces performing such services... Such rights include,. but are not limited to,
determination of the merits, necessity, level or organization of fire services,.the necessity for
overtime, number.and location of .work stations, nature of work to be performed, `contracting
for any work or operation, reasonable employee performance standards, including work and
safety rules and regulations, in order to maintain the efficiency and economy desirable for
the performance of City services.
ARTICLE XIV — TERM OF MOU
This Memorandum of Understanding shall be in effect commencing on
October 1, 199:7 2000, and ending at midnight on September 30, 2000 2003. This MOU
constitutes the entire agreement of the parties as to the changes in wages, hours, and other
terms and conditions of employment of employees covered hereunder for the term hereof.
036286.01 -31- 11/13/00 5:25 PM
FIRE MOU
October 1, 2000 through September 30, 2002 2003
ARTICLE XV - CITY COUNCIL APPROVAL
It is the understanding of the City= - and - the Association, that <this Memorandum <of
Understanding is of no force .or effect :whatsoever, 1 unless . and until ratified by the
membership of HBFA and adopted by Resolution of the City Council of the City of
Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this day of , 1999 2000.
CITY OF HUNTINGTON BEACH HUNTINGTON BEACH
A Municipal Corporation FIREFIGHTERS' ASSN.
0
Ray Silver
City Administrator
Clay Martin
Director of Administrative Services
William H. Osness
Human Resources Officer
APPROVED AS TO FORM
Gail Hutton
City Attorney
In
in
in
Rick Fee, HBFA President
Negotiating Team Member
Negotiating Team Member
Negotiating Team Member
Negotiating Team Member
036286.01 -32- 11/13/00 5:25 PM
EXHIBIT A
CITY OF HUNTINGTON BEACH
EMPLOYER -EMPLOYEE RELATIONS RESOLUTION
7.3 Human Resources Officer Motion of Unit Modification — The Human Resources
Officer may propose, during the same period for filing a Petition for Decertification, that an
established unit be modified in accordance with the following procedure:
a. The Human Resources Officer shall give written ,notice of the proposed unit
modification to all employee organizations that may be affected by the proposed change.
Said written notification shall :contain the Human Resources Officer's rationale for the
proposed change including all ,information which justifies the change, pursuant to the criteria
established in Section 6-5 for Appropriateness of Units. Additionally, the Human Resources
Officer shall provide all affected employee organizations with all correspondence,
memoranda, and other documents which relate to any input regarding the unit modification
which may have been received by the City or from affected employees and/or sent by the
City to affected employees;
b. Following receipt of the Human Resources Officer's proposal for unit
modification, any affected employee organization shall be afforded not -less than thirty (30)
days to receive input from its members regarding the proposed change.and to formulate a
written and/or oral response to the motion for unit modification to the Personnel
Commission;
c. The Personnel Commission shall conduct a noticed Public Hearing regarding
the motion for unit modification at which time -all affected employee organizations and other
interested parties shall be heard. The Personnel Commission shall make a determination
regarding the proposed unit modification which determination may include a granting of the
motion, a denying of the motion, or other appropriate orders relating to the appropriate
creation of bargaining units. Following the Personnel Commission's determination of the
composition of the appropriate unit or units, it shall give written notice of such determination
to all affected employee organizations;
d. Any party who chooses to appeal from the decision of the Personnel
Commission is entitled to appeal in accordance with the provision of Section 14-4 of
Resolution Number 3335.
036286.01 -33- 11/13/00 5:25 PM
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EXHIBIT B
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE - CONTINUED
Effective September 30, 2000
Job Code
Classification
Range
A
B
C
D
E
4432
Firefighter
NE
455
3657
3858
4069
4293
4529
21.10
22.26
23.48
24.77
26.13
3430
Fire Engineer
NE
486
4267
4501
4749
5011
5286
24.62
1 25.97
27.40
28.91
1 30.50
4428
Firefighter Paramedic
NE
486
4267
4501
4749
5011
5286
24.62
25.97
27.40
28.91
30.50
4430
Fire Protection Specialist*
EX
495
4463
4709
4967
5241
5529
25.75
1 27.17
28.66
30.24
1 31.90
1480
Fire Captain
EX
510
4810
5075
5354
5648
5959
27.75
29.28
1 30.89
32.59
34.38
1430
Deputy Fire Marshal*
EX
532
5368
5662
5974
6304
6650
30.97
1 32.67
34.47
1 36.37
1 38.37
036286.01 -36- 11/13/00 5:25 PM
EXHIBIT B
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE - CONTINUED
Effective September 29, 2001
Job Code
Classification
Range
A
B
C
D
E
4432
Firefighter
NE
461
3766
3972
4191
4421
4664
21.73
22.92
24.18
25.51
26.91
3430
Fire Engineer
NE
492
4395
4638
4893
5161
5446
25.36
1 26.76
28.23
29.78
1 31.42
4428
Firefighter Paramedic
NE
492
4395
4638
4893
5161
5446
25.36
26.76
1 28.23
29.78
31.42
4430
Fire Protection Specialist*
EX
501
4598
4851
5118
5339
5695
26.53
27.99
29.53
31.15
32.86
1480
Fire Captain
EX
516
4955
5227
5515
5818
6139
28.59
30.16
31.82
33.57
35.42
1430
Deputy Fire Marshal*
EX
538
5531
5836
61.56
6494
6851
31.91
33.67
1 35.52
1 37.47
1 39.53
Effective March 30, 2002
Job Code
Classification
Range
A
B
C
D
E
4432
Firefighter
NE
465
3841
4052
4276
4511
4759
22.16
23.38
24.67
26.03
27.46
3430
Fire Engineer
NE
496
4487
4733
4993
5267
5557
25.89
27.31
28.81
30.39
1 32.06
4428
Firefighter Paramedic
NE
496
4487
4733
4993
5267
5557
25.89
27.31
28.81
30.39
32.06
4430
Fire Protection Specialist*
EX
505
4690
4948
5220
5508
5811
27.06
1 28.55
30.12
31.78
1 33.53
1480
Fire Captain
EX
520
5057
5335
5628
5938
6264
29.18
30.78
32.47
34.26
36.14
1430
Deputy Fire Marshal*
EX
542
5643
5954
6281
6626
6990
32.56
1 34.35
36.24
1 38.23
1 40.33
036286.01 -37- 11/13/00 5:25 PM
EXHIBIT B
CITY OF HUNTINGTON BEACH
FIRE. ASSOCIATION SALARY SCHEDULE - CONTINUED
Effective September 28, 2002
Job Code
Classification
Range
A
B
C
D
E
4432
Firefighter
NE
469
3923
4137
4364
4603
.4856
22.63
23.87
25.18
26.56
28.02
3430
Fire Engineer
NE
500
4576
4827
5092
5373
5668
26.40
1 27.85
29.38
31.00
32.70
4428
Firefighter Paramedic
NE
500
4576
4827
5092
5373
5668
26.40
27.85
29.38
31.00
32.70
4430
Fire Protection Specialist*
EX
509
4787
5050
5328
5621
5929
27.62
1 29.14
30.74
32.43
34.21
1480
Fire Captain
EX
524
5156
5440
5740
6056
6389
29.75
31.39
1 33.12
34.94
36.86
1430
Deputy Fire Marshal*
EX
546
5754
6071
6406
6758
7129
33.20
1 35.03
36.96
1 38.99
1 41.13
Effective March 29. 2003
Job Code
Classification
Range
A
B
C
D
E
4432
Firefighter
NE
475
4038
4260
4494
4742
5002
23.30
24.58
25.93
27.36
28.86
3430
Fire Engineer
NE
506
4712
4972
5246
5536
5841
27.19
1 28.69
30.27
31.94
1 33.70
4428
Firefighter Paramedic
NE
506
4712
4972
5246
5536
5841
27.19
28.69
1 30.27
31.94
33.70
4430
Fire Protection Specialist*
EX
515
4931
5201
5487
5789
6108
28.45
30.01
31.66
33.40
35.24
1480
Fire Captain
EX
530
5314
5607
5915
6241
6584
30.66
32.35
1 34.13
1 36.01
1 37.99
1430
Deputy Fire Marshal*
EX
552
5931
6257
6602
1
6964
7347
34.22
36.10
38.09
40.18
42.39
036286.01 -38- 11/13/00 5:25 PM
EXHIBIT C
RETIREE SUBSIDY MEDICAL PLAN
An employee who has retired from the City shall be entitled to participate in the City sponsored
medical.insurance plans and,the City shall; contribute toward. monthly:premiums,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
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 1 the monthly premium, as indicated, shall be modified
downward or cease during the lifetime of the retiree upon the occurrence of any one of
the following:
1. During any period the retired employee. is eligible to receive or receives
health insurance . coverage at the expense of another employer, the
payment will be suspended. "Another employer," as used herein, means
private employer or public. employer or the. employer of a spouse. As a
condition of being eligible to receive the premium contribution as set forth in
this plan, the City shall have the right to require any retiree to annually
certify that the retiree is not receiving or eligible to receive any such health
insurance benefits from another employer. If it is later discovered that a
misrepresentation has occurred, the retiree will be responsible for
reimbursement of those amounts inappropriately expended and the retiree's
eligibility to receive further benefits will cease.
2. On the first of the month in which a retiree or dependent reaches age 65 or
on the date the retiree or dependent can first apply and become eligible,
automatically or voluntarily, for medical coverage under Medicare (whether
or not such application is made), the City's obligation to pay monthly
premiums may be adjusted downward or eliminated. Benefit coverage at
age 65 under the City's medical plans shall be governed by applicable plan
document.
3. In the event the Federal Government or State Government mandates an
employer -funded health plan or program for retirees, or mandates that the
City make contributions toward a health plan (either private or public) for
retirees, the City's contribution rate, as set forth in this plan, shall first be
applied to the mandatory plan. If there is any excess, that excess may be
036286.01 -39- 11/13/00 5:25 PM
EXHIBIT C
applied toward the City medical plan as supplemental coverage provided
the retired employee pays the balance necessary for such coverage if any.
4. 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 timeofhis/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.
SCHEDULE OF BENEFITS
A. Minimum Eligibility for Benefits With the exception of an industrial disability
retirement, eligibility for benefits begin after an employee has completed ten (10) years of
continuous service with the City of Huntington Beach. Said service must be continuous unless
prior service is reinstated at the time of his/her rehire in accordance with the City's Personnel
Rules.
B. 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.
C. Maximum Monthly Subsidy Payments - All retirees, including those retired as a
result of disability whose number of years of service prior to retirement exceeds ten (10), shall
be entitled to maximum monthly payment of premiums by the City for each year of completed
City service as follows:
036286.01 -40- 11/13/00 5:25 PM
EXHIBIT C
Maximum Monthly Payment
for Retirements After:
Years of Service 10/1 /92
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
Note: The above payment amounts may be reduced each month as dependent eligibility
ceases due to death, divorce, or loss of dependent child status. However, the amount shall not
be reduced if such reduction would cause insufficient funds needed to pay the full premium for
the employee and the remaining dependents. In the event no reduction occurs and the
remaining benefit premium is not sufficient to pay the premium amount for the employee and
the eligible dependents, said needed excess premium amount shall be paid by the employee.
036286.01 -41- 11/13/00 5:25 PM
1
036286.01 -42- 11/13/00 5:25 PM
EXHIBIT C
MISCELLANEOUS PROVISIONS
A. Eligibility:
1. The effective -start-up.-date of the Retiree SubsidyMedical 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. Personnel shall notify covered retirees of this opportunity each
year.
3. Years of service computed for the Retiree Subsidy Medical Plan are actual
years of completed service with the City of Huntington Beach.
4. When a retiree is eligible for medical plan coverage at. the expense of
another employer due to post -retirement employment of the retiree or
spouse of the retiree, the retiree and his/her spouse must take that
coverage regardless of benefit level and shall be deleted from any City Plan
coverage. Exceptions to this requirement are limited to the following:
a. A retiree is not required, to enroll in such "other",medical-plan coverage
if there is significant disparity between the benefits`: provided by the
"other" medical plan and the Retiree Subsidy Medical Plan as defined
below. "Significant disparity" means coverage available under the
"other" medical plan is restrictive or limited in one or more of- the
following ways:
1) No in -patient hospitalization coverage.
2) No major medical benefits
3) Annual deductible is $1,000 or greater per person.
4) Major medical benefits are paid at 60% or less of covered
expenses.
b. The Risk Manager will have the authority to provide additional
exceptions following review of the "other" medical plan policy.
Exceptions will be made only if the "other" medical plan benefit
provisions are comparable to the guidelines under (a) above.
036286.01 -43- 11/13/00 5:25 PM
EXHIBIT C
c. Miscellaneous Provisions:
1) Benefits provided under the Retiree Subsidy Medical Plan will
be coordinated with the `other" medical plan as the primary
carrier.
2) The City shall ,have the right to require any retiree to provide a
copy of the "other medical plan policy for review by the
Risk Manager.
5. When a retiree becomes eligible for. the. other group coverage and then
becomes no longer eligible, he/she>may,have :the .subsidy reinstated and
regain Retiree Subsidy Medical Plan coverage.
6. Dependents of a retiree may follow him/her into the Retiree Subsidy
Medical Plan or they may choose to exercise COBRA rights along with the
retiree.
7. When a retiree .becomes 65 and has eligible dependents under 65, said
dependents are eligible to exercise COBRA rights.
8. . When a retiree is under 65 and his/her: spouse is over 65, the spouse is not
covered.
B. Benefits:
1. Retiree Subsidy Medical Plan includes Managed Health_ Network (MHN),
Prescription Card System (PCS), Orange County Preferred Provider
Organization (OCPPO) and Medical Stop Loss insurance.
2. City Plans are the primary payer for active employees age 65 and over, with
Medicare the secondary payer. Retirees age 65 and over have no City
Plan options and are eligible only for Medicare.
3. Premium payments are to be received at least one month in advance of the
coverage period.
C. Subsidies:
1. The subsidy payments will pay for:
a. Retiree Subsidy Medical Plan.
b. HealthNet.
036286.01 -44- 11/13/00 5:25 PM
EXHIBIT C
d. 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. Regular City Employee Indemnity Plan.
c. Any other employee benefit plan.
d. Any other commercially available benefit plan.
e. Medicare supplements
3. Employees who retire on or after the following dates shall be eligible for the
subsidy based on years of completed service with the City.
October 1, 1987: MEO, MEA, POA, MSOA, FA and PMA.
July 1, 1988: Non -Represented.
Retirees who retire prior to the abovedates are not eligible for any subsidy
benefit.
D. Medicare:
1. All persons are eligible for Medicare coverage at age 65. Those with
sufficient credit quarters of Social Security will receive Part A of Medicare at
no cost. Those without sufficient credited quarters are still eligible for
Medicare at age 65, but will have to pay for Part A of Medicare if the
individual elects to take Medicare. In all cases, 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.
036286.01 -45- 11/13/00 5:25 PM
EXHIBIT C
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. When one of the following occurs, dependent coverage will be
eliminated:
1) After 36 months of COBRA continuation coverage, or
2) When the covered dependent reaches age 65 in the event
such dependent reaches age 65 prior to the retiree reaching
age 65.
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 Personnel in
accordance with provisions of the Memorandums of Understanding.
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.
036286.01 -46- 11/13/00 5:25 PM
EXHIBIT D
CITY OF HUNTINGTON BEACH
PESONNEL RULE CHANGES
A. Personnel Rules
The City and the Association agree. to. -implement the following....rules and accordingly
revise the Personnel Rules as described herein:
1. Rule 5 — Recruitment and Examination Procedure
a) 5-4 — Order of Certification
Whenever certification is to be made,- the eligibility lists, if active and not
exhausted shall be used in the following order"
1) Re-employment list
2) Promotional list
3) Employment List
If fewer than five (5) names of persons willing to accept appointment are on
the list from which certification is to be made, then additional eligibles shall be
certified from the various lists next lower in order of preference until five (5)
names are certified. If there are fewer than five (5) names on such lists, there
shall be certified the number thereon. .In such case, the appointing authority
may demand certification of five (5) . names and examinations shall be
conducted until five (5) names may be certified. In the event the appointing
authority does not choose to appoint from the five (5) names certified, a
new examination may be requested. In the event another examination is
conducted, those names shall be merged with others already on the list in
order of scores. (This paragraph shall be subject to the most current
Policy D-10 of the Huntington Beach Fire Department Organization
Manual executed by City and Huntington Beach Firefighters Association.)
b) 5-14 — Promotional Exams
Promotional examinations may be conducted whenever, in the opinion of the
Human Resources Officer, after consultation with the department head, the
need of the service so requires; provided, however, a promotional examination
may not be given unless there are two (2) or more candidates eligible. Only
employees who meet the requirements for the vacant position may compete in
promotional examinations. Promotional examinations may include any of the
selection techniques, or any combination thereof, mentioned in Section 5-13.
Additional factors including, but not limited to, performance rating and length of
service may be considered. A promotional employment list shall be established
after the administration of a promotional examination, and such list shall
contain the name(s) of those that passed the examination.
036286.01 -47- 11/13/00 5:25 PM
EXHIBIT D
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES
2. Rule 7 — Discipline
a) 7-2 — Causes for Discipline
12)-forming drugs, or illegal use:0
drugs.dangerous Possession, use or sale of illegal :narcotics or
habit-forming drugs, while on -duty or on City property.
Conviction of any felony or. a misdemeanor with a job
nexus. A plea or verdict of guilt, or a conviction following a plea of
nolo contendere, is deemed to be a conviction within the meaning
of this section.
15) Participating in an unlawful strike, work stoppage, slowdown, or using
or attempting to use sick leave to accomplish the same purpose as a
strike, work stoppage, or slowdown.
3. Rule 8 — Termination
._
..
--
-
..
..
..
00
.. .
.-
- - -
- - Mr.• - 1.3 M-
- -
-
036286.01 -48- 11/13/00 5:25 PM
EXHIBIT
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES
_... .. ..
•-
.. - - - - -BMW.-
.. .
..- •- - M-•
- .1r. - -GYM
b) 8-3 — Layoff in Accordance with Length of Service
The City and the Association agree that the first sentence in Personnel Rule 8-
3 shall be modified to read as follows: Layoff shall be made in accordance
with the relative length of the last period of continuous service of the
employees in the class of layoff, provided, however, that no permanent
employee shall be laid off until all temporary, acting and probationary
employees in the competitive service holding positions in the same class are
first laid off.
c) 8-11 — Re -Employment
With the approval of the Human Resources Officer, an employee who has
resigned in good standing from the competitive service may be re-employed to
his/her former position, if vacant, or to a vacant position in the same or
comparable class within one (1) year from date of resignation in accordance
with Rule 5-21. If such re-employment commences within ninety days of the
effective date of resignation, the employee shall not be considered a new
employee for vacation and seniority purposes.
4. Rule 12 — Classification Plan
—Temporary .. ees
A P06400R WhiGh us Rot authoFized in the budget and %A1hir_h--&,
l0RgeF thaR SOX (6) MORths OR any 0Re fisGal yeaF shall be -• - -
036286.01 -49- 11/13/00 5:25 PM
EXHIBIT D
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES
temporary. Employment on a basis other than permanent or probationary
to a permanently budgeted position not to exceed 1000 hours in any
twelve (12) month ,period.. Employees occupying temporary. positions shall
not. be included .-in , the, .competitive service. -.and., shall not ;be=>subject.:to :these
rules and regulations.
5. Rule 14 — Additional Pav and Pav Adiustments
a) . 14-6 — Salary Advancements to Meet Recruiting Problems or to Give Credit for
Prior Service. Application for Other Advancements
The Human Rese ernes OffiGer Department . Head, through the Human
Resources Officer and with the approval of the City Administrator may
author+zep.%R make an appointment.at any step above the minimum
salary rate to classes or positions in order to meet recruiting problems to obtain
a person who has extraordinary qualifications,
, or ,to give -credit for. prior city
service in :connection with appointments, promotions, reinstatements,
transfers, reclassifications, or demotions. Other Salary adjustments within the
salary range for. the class, other than merit salary adjustments authorized
by Section 14-1, may be approved made by the PeFSORnel Board City
Administrator,: upon, recom mendation of,appliGation by. the department head
through the. Human Resources . Officer. - :Such recommendation shall
include the reason(s) for the adjustment, whether the advancement is to
be permanent or temporary, and an effective date: transmitted to the Board
by the Human soy irnes QffiGeF togetherI.A.iitcrhr-rii._ FeWmrnendatign.
permanent or temporary, and may he e#entive as of the date of applination for
GU6h Ghange-
6. Rule 18 — Attendance and Leaves
.. ie
-
iie,
036286.01 -50- 11/13/00 5:25 PM
EXHIBIT D
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES
a) 18-16 - Industrial Accident Leave
In the event a, -permanent employee, who is a- miscellaneous. member of
the .Public Employees': Retirement System (PERS), is: temporarily totally
disabled as a I result of an injury -or illness arising out of and in the course
of employment and covered by the -State of California Workers'
Compensation Insurance and Safety Act; resulting -Fight duty
assignments due to the injury or illness or absences from work shall be
considered Industrial Accident Leave as that term is defined by this rule.
A permanent employee eligible for - Industrial Accident Leave shall
receive compensation from the City in an amount equal to the
employee's regular rate of salary during such period of temporary total
disability. Benefits received under this rule shall be in lieu of statutory
Workers' Compensation benefits. Industrial Accident Leave shall
continue during. all absences resulting from the injury or illness,
including those absences -attributable -to doctor's appointments, therapy,
or other follow-up medical visits, but in no, case exceeding one year of
accumulated absences attributable to -the same injury or illness. In the
event an employee is temporarily, totally disabled by coinciding
qualifying injuries or illnesses, periods of absences shall be applied
concurrently to all qualifying injuries or illnesses.
Industrial Accident Leave compensation shall begin on the first day an
eligible employee is absent due to a qualifying injury or illness as defined
above. Industrial accident Leave compensation will terminate on the
earliest of the following:
1) The date upon which the injury or illness giving rise to eligibility for
compensation under this rule is declared permanent and stationary
by a treating or examining physician; or
2) The date PERS approves an application for disability retirement
benefits filed by the employee or by the City; or
3) The employee receives thirty (30) days advance notice and refuses
to submit to a medical examination ordered by PERS pursuant to
Government Section 21154 or otherwise refuses to cooperate with
036286.01 -51- 11/13/00 5:25 PM
EXHIBIT D
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES
PERS in determining :whether the employee is incapacitated for the
performance of duty; or
4) The:employee:-receiving::.Industrial:.Accident-:Leave~;Compensation
applies for service -connected retirement benefits; or
5) The.employment_ofthe affected employee is:otherwise separated.
If an injured worker remains temporarily: disabled after receiving one year
of Industrial Accident Leave for accumulated absences orlight duty work
attributable to .the same injury or,Allness; the employee. -will receive
temporary total disability benefits as specified by the State of California
.Workers' Compensation Insurance and Safety Act. Any period of time
during which an employee is absent from work by reason of injury or
illness for which he or she is entitled to receive Industrial Accident Leave
compensation will not constitute a break in .continuous. service for the
purposes of salary adjustments, sick leave, vacation accruals, and length
of service computation.
In the event an employee who is receiving orhas received Industrial.. Accident
Leave compensation makes a:.claim :or. initiates. legal action 1 against a third
party for allegedly causing. or. contributing to:the injury or illness resulting in the
inability to work, the employee is required to notify in writing the City's Risk
Management Division of the claim orcommencementof such action within ten
(10) days of the claim or such commencement. -The City retains its rights of
subrogation in all such instances.
b) 18-19 — Maternity Leave
The City and the Association agree to modify the present Personnel Rule 18-
19 Maternity Leave to read as follows: "A permanent employee shall be
entitled to a leave of absence without pay due to inability to work due to
pregnancy. The employee will be entitled to use available sick leave during this
period. Said leave must be requested in writing from the Department Head and
must include written notification from the employees physician stating the last
day the employee may work and the estimated duration of leave. The
employee must obtain written authorization to return to work from the attending
physician. Said authorization must be filed with the Department Head and the
Human Resources Officer."
c) 18-20 — Leave of Absence without Pay
The City and the Association agree that the following sub -paragraph "C" shall
be added to Personnel Rule 18-20. Leave of Absence without Pay: Leave of
036286.01 -52- 11/13/00 5:25 PM
EXHIBIT D
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES
absence without pay, for medical disability reasons, shall be restricted to six
(6) months.
7. Rule 19 —Grievance - Procedure.Non-Disciplinary Matters
a) 19-5 Grievance Procedure
1) Step 4 — City Administrator
If the grievance is not settled under Step 3, the grievance may be
presented to the City Administrator in .accordance with the following
procedure: Within fifteen (15) days after the -time the decision is
rendered under Step 3 above, a written statement of the grievance shall
be filed with the Human Resources Officer who shall act as hearing
officer and shall set the matter for hearing within fifteen (15) days
thereafter and shall cause notice to be served upon all interested
parties. The Human Resources Officer, or: his representative; shall hear
the matter de novo and shall make recommended findings, conclusions
and decision in the form of a written report and recommendation to the
City Administrator within five (5) days following such hearing. The City
Administrator may, in his discretion, receive additional evidence or
argument by setting the matter for hearing within ten (10) days following
his receipt of such report. and causing notice of such hearing to be
served upon all interested parties.
Within five (5) days after receipt of report, or the hearing provided for
above, if such hearing is set by the City Administrator, the City
Administrator shall make written decision and cause such to be served
upon :the employee or employee organization and the Human
Resources Officer.
2) Step 5 — Personnel Board Hearing
Hearing. As soon as practicable thereafter, the Human Resources
Officer shall set the matter for hearing before a hearing officer either
selected by mutual consent of the parties or from a list provided by the
Personnel Commission. Ratification of the hearing officer selected by
mutual consent of the parties, if from a list approved by the Personnel
Commission, shall not require separate approval or -ratification by the
Personnel Commission. The hearing officer shall hear the case and
make recommended findings, conclusions and decision in the form of a
written report and recommendation to the Personnel Commission. In
lieu of the hearing officer process, the Personnel Commission may
agree to hear a case directly upon submission of the case by mutual
consent of the parties.
036286.01 -53- 11/13/00 5:25 PM
EXHIBIT D
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES
8. Rule 20 — Reyee , PFOGe 11 iron ,n .Disciplinary Mattes Procedure and Appeal
a) 20-1 — Purpose
The purpose .of this -rule is to -provide -a, procedure! for recommending and
imposing discipline -against City employees, and a .means . by which an
employees out rmatters•i - - W .-r
- • point or origin.
'anGe prOGedure -provided for in this rule does not apply to review o
mattem Govered - •of this resolu•appeal
any such disciplinaryaction.
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036286.01 -54- 11/13/00 5:25 PM
EXHIBIT D
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES
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b) 20-2 — Disciplinary Procedures
1) Notice of Proposed Adverse Action
For disciplinary : demotions, suspensions or 'dismissals, an
employee shall be given served a written Notice of Proposed
Adverse Action by the employee's department head, or his/her
designee, or by certified mail, prior to the proposed disciplinary
action taking effect. The notice shall state the reasons for and
charges upon which the proposed action is based, and the
effective date of the action the right to respond and the employer's
right to representation. A copy of all materials upon which the
proposed action is based shall be attached to the notice.
2) Employee's Right to Respond
The employee shall be given a minimum of ten (10) calendar days
to respond orally and/or in writing, at the employees' option, to the
charges upon which the proposed action is based. The
employee's response shall be made to and/or before his/her
department head.
036286.01 -55- 11M3/00 5:25 PM
EXHIBIT D
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES
3) Time Off
The employee shall be. given reasonable time off with pay to attend
disciplinary. meetings.
4) Final Notice of Decision
After an employee has responded: to or :waived his/her right to
respond to the proposed adverse action, the employee shall be
served with. a final, Notice of: Decision ,from =.his/her department
head: The -final written Notice of i Decision.: shall state whether or
not the; proposed action .shall :.be -taken : or: modified;. the reasons
therefor and the effective date of the action.
c) 20-53 - Appeal to Personnel B.aa-rd Commission
If the Rot settled „Rder Step 3 i+ Disciplinary action involving
the dismissal, suspension,: demotion or:other authorized;reduction.in pay
may beappealed t to the. Personnel Beard Commission for de novo hearing
and final determination in accordance with the following procedure:
1) Request for Appeal
Within five (5) days .(10 days for:56 hour per week employees) after
the time is-rendervdunder. Step -3 ahpGve employee's receipt
of a final Notice of Discipline, a written statement of nrievanro
request for an appeal to the Personnel Commission shall be Bled
with submitted to the Human Resources Officer.
/g�/��i rn�v��rn� „�c hr+l. moo+ forth
n in/� detail the nail ire no the g�-Ie�+yanG8, -t-Fe'
nnntrintenns vft'1h' a e� ployee and the proposed solvlutioil-ei-
determin;;tinn
2) Hearing
As soon as practicable thereafter, the Human Resources Officer shall
set the matter for hearing before a hearing officer. The hearing officer,
selected in accordance with Rule 21-7, shall hear the case without
the Board and shall make recommended findings, conclusions and
decision in the form of a written report and recommendation to the
Board.
3) Final Decision
The Board shall consider the written report and recommendations of the
hearing officer and after due deliberation in executive session, shall
render a decision in the matter which shall be final and binding on all
parties, and from which there shall be no further administrative appeal.
036286.01 -56- 11/13/00 5:25 PM
EXHIBIT D
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES
d) 20-64 — Supplemental Hearing by Personnel Board
1) The Board may, in its sole discretion, .after it has'. received the written
report. and : recommendation of:the,,hearing-officer °zet,the,. matter. for:
=Privatehearing for :,the ,;purpose. � of:4;:receiving :additional evidence :::or. .
argument. In : the event -the Board sets a . private :.hearing for such
purposes, .the Human Resources Officer, shall :give written.'notice;ao°all
parties concerned in such matter.
2) The Board,. following a . consideration of: the :hearing -officer's written
report and recommendation and deliberation thereon and any
supplemental hearing before the Board, shall make findings,
conclusions and decisions which shall be final and binding on all parties
and from which there shall be no further administrative appeal.
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e) 20-95 — Employee Status on Pending Final Determinatk)n Appeal
Notwithstanding the provisions of Rule 7, Section 7-4 (Suspension with Pay),
the disciplinaryaction Gity . •
depaFtrnent head 'is *RVE)Ived, shall be pending
employeeauthority, and no ll . • •
. id unless the aGtieR of the depaFtrnent head or City Administrator is
;:nndified by
revn_ked. The appellate autherity may orderreiRstaternent of the employ
dismissaldemotwon or • • tothe PersonnelCommission.
036286.01 -57- 11/13/00 5:25 PM
EXHIBIT D
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES
9. Rule 21 — Grievance Procedures - General
a) 21-7 Hearing Officers
The hearing officer provided for in Rules .19 and 20 shall be from a list provided
by the Personnel Commission or one selected by mutual consent of the
parties.
b) 21-12 Time. Extension of
The City and the employee, or employee organization may, by mutual consent,
extend the time period within .which an ;act must occur in the processing of
grievances.
c) 21-13, Time Extension, Grievances
The City and the employee, or employee organization may, by mutual consent,
extend the time periods within which an act must occur in the processing of
grievances.
036286.01 -58- 11/13/00 5:25 PM
EXHIBIT E
CITY OF HUNTINGTON BEACH
TILLER CERTIFICATION
Following is the method of application regarding Tiller Certification, Article V, Section E-3 of theHuntington
Beach Firefighter's Association MOU:
Article V, Section E-3--Tiller Certification
a. Tiller Certification -- The Huntington Beach Training Manual, Section C-2, dated 3-11-99 identifies the
method and requirements for Tiller Certification.
b. Class B Firefighter Restrictive License. --.State Department Of Motor,Vehides ..established.
c. Light Air Unit -- The intent is for a Firefighter to be able to drive, set up, and safely operate the Light Air
unit. Currently, hazardous materials personnel operate the Light Air Unit. They are trained in the safe
operation of the unit but do not actually "certify." We are developing a training program for the unit that
will consist of a short written test to identify the safety and operational aspects the lighting and air
system. The program will formalize the current existing training program that has been in use and
assure that firefighting personnel are properly trained. Since Firefighters may not be assigned to the
unit regularly, we will also establish a.refresher class each year to maintain their capabilities.
Note! All Fire Department personnel have been trained in the past in the operation of the Light Air Unit.
Since we do not have a formalized training program for the unit at the present time, all Firefighters will be
grandfathered into meeting the requirements until the training program is finalized. This process will provide
the following options for compensation:
• If the Firefighter was Tiller Certified and had a Class B Firefighter Restrictive License as of September
5, 1998, they will receive the identified compensation effective that date. Upon implementation of a
formal certification program for the Light Air Unit, these Firefighters will be required to become certified
in light air operation.
If, after September 5, 1998, and until the training program .for the Light Air Unit is developed and
implemented, a Firefighter obtains Tiller Certification and the Class B Firefighter Restrictive Drivers
License, they will be eligible for compensation following application. Upon implementation of a formal
certification program for the Light Air Unit, these Firefighters will be required to become certified in light
air operation.
• For Firefighters requesting compensation after the training program for the Light Air Unit is formalized,
they must obtain Tiller Certification, the Class B Firefighter Restrictive Drivers License, and be certified
in light air operations. They will be eligible for compensation following application.
Note! If a Firefighter elects not to participate in the above mentioned Tiller Certification compensation, it does
not preclude the currently established requirement by the Department for a firefighter to be Tiller Certified, as
identified in the Huntington Beach Training Manual, Section C-2, dated March 11, 1999.
036286.01 -59- 11/13/00 5:25 PM
EXHIBIT F
INCOME PROTECTION PLAN
This is to memoralize an agreement between the City of Huntington Beach (City) and the
Huntington Beach Firefighter's Association (HBFA) regarding authorizing the HBFA to
administer its own Long Term, Disability (LTD): -insurance program: providing the following
conditions are adhered to:
1. The City and HBFA agree that the City shall not provide a City -sponsored LTD
Insurance Program for employees represented by HBFA.
2. HBFA shall contract, with: an .insurance provider for,LTD.Jnsurance :for --the employees
represented by the HBFA.
3. The City shall pay to HBFA for the cost of LTD premiums not to exceed $38 per
month per occupied covered position represented by HBFA.
4. Non -dues paying represented employees shall -be covered by the LTD Policy at the
same premium rate as dues paying represented employees.
5. City payment to HBFA is to be made for each represented employee per month based
on the bi-weekly payroll.
6. HBFA shall pay the insurance .company for the ,cost of premiums and, any charges
incurred for administering the program.
7. HBFA shall provide the City with a monthly listing of covered employees.
8. No self-funding/self-insurance of LTD benefits is permitted under this agreement.
9. HBFA shall authorize the City to have the insurance company provide documentation
to the City as follows:
a) A copy of the most current audited financial statements.
b) A copy of the latest actuarial report which should be completed by an independent
"Fellow of the Society of Actuaries";
c) A copy of the in -force re -insurance Policy;
10. HBFA will provide a statement certifying that premiums collected are for LTD benefits
for HBFA represented employees only.
036286.01 -60- 11/13/00 5:25 PM
EXHIBIT G
40/56-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL
LEAVE BENEFITS
(EXAMPLE)
Permanent, full-time employees shall accrue annual vacations or sick leave at their appropriate
.assigned work schedule rate, either 40-hour or 56-hour workweek. The maximum- actual
accrual, as reflected on their payroll check will also reflect their actual work schedule. In the
event of a change in work schedules, personnel will have their accrual rate (Constant) and
ax. actual accrual (Accrued) changeto the new schedule: using. the conversion factor,
.7143. Paychecks will reflect the accrual rate based on -the actual work schedule, 'either forty
(40) or fifty-six (56) hour schedule. All maximum accruals will be modified to reflect the proper
number of hours, either 40-hour or 56-hour workweek.
EXAMPLE — CURRENT EXCEPTION
40-HOUR FIRE PROTECTION SPECIALIST
Paycheck stub shows 1000 hours accrued sick leave.
Employee uses 24 hours sick time.
1000 hours — 24 hours = 976 hours.
56-HOUR FIREFIGHTER PARAMEDIC
Paycheck stub shows 1000 hours accrued sick leave.
Employee uses 24 hours sick time.
1000 hours —24 x .7143 = 17.1 hours = 982.9 hours
(This mathematical transaction takes place for each exception.)
PROPOSED EXCEPTION
ALL 56-HOUR PERSONNEL
Modify to 56-hour schedule - current accrued hours divided by .7143.
40-hour rate paycheck stub indicates 1000 hours sick leave.
1000 hours divided by .7143 = 1400 hours
1400 hours would be reflected on the employee's 56-hour workweek paycheck stub.
56-hour schedule employee uses 24-hours sick time - hours are taken hour for
hour.
1400 hours — 24 hours = 1376 hours remaining.
036286.01 -61- 11/13/00 5:25 PM
EXHIBIT G
56/40-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL
LEAVE BENEFITS
(EXAMPLE)
40-HOUR FIRE PROTECTION SPECIALIST
Remains the same
FIRE PROTECTION SPECIALIST IS REASSIGNED AS A 56-HOUR FIREFIGHTER
PARAMEDIC
ACCRUALRATE
Current 40-hour Fire Protection Specialist sick leave accrual - 3.6923 hours per pay period.
56-hour Firefighter Paramedic employee would accrue sick leave at 5.1691 .(3.6923 divided by
.7143 = 5.1691) hours per pay period. This would accurately indicate' accrual at the 56-hour
rate.
56-HOUR EMPLOYEE ASSIGNED TO A 40-HOUR POSITION
Upon change of 56-hour Firefighter Paramedic .employee to a 40-hour Fire Protection
Specialist.
Accrued sick leave = 1400 hours
1400 x .7143 = 1000 hours
1000 hours would be reflected on pay check.
Sick leave accrual would return to 3.6923 per pay period.
036286.01 -62- 11 /13/00 5:25 PM
EXHIBIT H
POLICY D-14, MINIMUM STAFFING AND FILLING OF VACANCIES
036286.01 -63- 11/13/00 5:25 PM
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Administrative Services
SUBJECT:
Memorandum of Understanding Between the City and the
Huntington Beach Firefighters' Association
COUNCIL MEETING DATE:
November 20, 2000
Ordinance (w/exhibits & legislative draft if applicable)
Attached
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Attached
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR IIAISSING ATTACHMENTS
EXPLANATION FOR RETURN OF ITEM:
RCA Author: William H. Osness