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Home My WebLink AboutHBFA - Firefighters Association - 1999-10-18Council/Agency Meeting Held: 0/1 F /?j F/ 7oo.a0 Deferred/Continued to: dApp o ed Co dition Ily Approve Jvl a Deniedopie n Abf -U� Cit Jerk's Signature Council Meeting Date: October 18, 1999 Department ID Number: AS 99-023 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator o9eV -� PREPARED BY: JOHN P. REEKSTIN, Director of Administrative Services SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN THE CI-(y AND THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION 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, 1997 through September 30, 2000., Funding_ Source: City Budget. See attached Fiscal Impact Statement. Recommended Action: 1. Approve Resolution No.99-q2 adopting a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Firefighters' Association (HBFA). 2. Authorize the appropriation of $450,000 to pay the increased salary and benefit costs for 1997/98 and 1998/99. Alternative Action(s): Refer back to the meet and confer process to modify the proposed Memorandum of Understanding with Huntington Firefighters Association. Analysis: The representatives of the City and Firefighters Association conducted numerous meet and confer meetings in 1997 and 1998 to reach agreement on a new MOU. On June 17, 1998, a formal impasse was declared and the mediation process was selected as a means to resolve the impasse. When mediation failed to resolve the impasse an arbitrator was selected to render an advisory recommendation. Upon receipt of the recommendation of the arbitrator, the City and HBFA met on July 16, 1999 and mutually agreed to the adoption of a new Memorandum of Understanding (MOU) in accordance with the recommendations of the arbitrator. REQUEST FOR COUNCIL ACTION MEETING DATE: October 18, 1999 DEPARTMENT ID NUMBER: AS 99-023 This is a three (3) year agreement to expire September 30, 2000. It includes a four (4) percent salary increase September 8, 1998, and a four (4) percent salary increase on January 8, 2000. The 1998 increase was included in the Fiscal Year 1998/99 budget — salary savings from Fiscal Year 1998/99 will therefore carry forward to the current fiscal year for payment upon approval of the contract. A special equity salary adjustment of 4.5% for Fire Protection Specialist and 4.0% for Fire Engineers, effective September 5, 1998 is also included. The Fire Association and the City agreed to increase education pay from $120 to. $150 and pay $100 per month for qualified Tiller Operators. The City agrees to pay for all health costs through the year 2000 and the Association agrees that the maximum City contribution for medical, dental and vision will be the rates in effect on January 1, 2000. Further, the Association agrees to a limit on the City contribution to medical premium costs for new employees to the highest of the HMO rates in effect. The Association also agrees to amend the PERS contract so that new hires shall not be eligible for the self funded supplemental retirement benefit. A summary of the agreement is attached. Environmental Status: Not applicable Attachment (sl: 1. 1 Summary of Tentative Agreement 2. Resolution Exhibit - Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Firefighters' Association; October 1, 1997 through September 30, 2000 3. I Fiscal Impact Statement 4. HBFA MOU Leaislative Draft RCA Author: William Osness RCA -Firefighters' MOU -2- 10/08/99 3:44 PM ATTACHMENT #1 SUMMARY AGREEMENT HBFA/CITY 1. TERM: 3 Years -October 1, 1997 through September 30, 2000 2. SALARY: 4%-September 5, 1998 4%-January 8, 1999 3. EQUITY SALARY ADJUSTMENT (EFFECTIVE 9115198A 4%-Fire Engineer 4.5%-Fire Prevention Specialist 4. HEALTH COST CONTAINMENT: A. City's Contribution Toward Health Costs -To be effective September 1998 B. 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. GI' "�1c #CryJI , . .... ... ., t Ad,,. NEW P2 $238.62 $153.26r $150.21 $34.59 $21.48 $18.56 $17.10 ;, 477.26 335.53 329.14 66.07 36.51 33.41 17.10 �"MtssE -4 595.47 440.99 433.82 93.86 55.83 42.64 17.10 U 544.00 544.00 544.00 99.00 99.00 99.00 13.00 * 1998 Rates are list -City "cap" would be 2000 rates "Composite rate C. Employee Paid Premiums -- For employees hired prior to the MOU adoption date, the City shall pay medical, dental and vision premiums; Subject to 4A and 4B above. D. Two Tier Health Premium -- Employees Hired on or after the MOU adoption date, the City's contribution toward medical insurance shall be at the highest HMO rate of (1) employee, (2) employee + dependent, or (3) family. 35899 E. City Plan Changes: 1. Prescription Payments -- Requirement to obtain generic drug unless physician specifically stipulates brand name. Employee to pay difference between generic and brand name. 2. Out Patient Surgery -- Plan to pay 90% for PPO and 70% for non PPO. 3. Elimination of Mandatory Second Surgeon's Opinion -- OCCPO shall have authority to waive second surgical opinion. 4. Subsidized Retiree Medical -- Provides a 90% PPO component to the Retirees' Medical and 70% for non-PPO's. 5. Supplemental Retirement Benefit -- Two-tier the Supplemental Retirement Benefit (Article IX, A2) by exempting from eligibility for this benefit all new employees hired on or after the MOU adoption date. 6. Education Pay -- Increase maximum from $120 to $150 per month 7. Survivor's Benefits -- City agrees to contract with PERS to provide Level III Survivor's benefits; if it can be provided at no cost to City. 8. Long Term Disability -- Decrease the waiting period from 90 to 60 days for eligibility for long term disability benefits. 35899 ATTACHMENT #2 RESOLUTION NO. 9 9 - 9 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH FIREFIGHTER'S ASSOCIATION (FA) AND THE CITY OF HUNTINGTON BEACH FOR 10/1/97 - 9/30/2000 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 Firefighter's Association ("FA"), 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, 1997 through September 30, 2000. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of October , 1999. ATTEST: City Clerk 1014ih9 REVIEWED AND APPROVED: City AdrAiistrator RJW/s:Wheeler: FA2000 RL5 99-576 8/25/99 Mayor APPROVED AS TO FORM: C A torney INITIATED AND APPROVED: p l _ Dir ctor of Administrative Services Res. 99-S Fire MOU TABLE OF CONTENTS ARTICLE I - REPRESENTATIONAL UNIT/CLASSIFICATIONS.................................................................................1 ARTICLE H — EXISTING CONDITIONS OF EMPLOYMENT...................................................................................... I ARTICLEHI - SEVERABILITY........................................................................................................................................2 ARTICLEIV — SALARY SCHEDULES............................................................................................................................. 2 ARTICLEV — SPECIAL PAY---------------------------------------------------------------------------------------------------------------------------------------------? A. EDUCATION............................................................................................................................................................... 2 1. Incentive Plan...................................................................................................................................................... 2 a. Level ...................................................................................................................................................................................2 b. Level11..................................................................................................................................................................................2 d. Degree Majors....................................................................................................................................................................... 3 e. Education Committee............................................................................................................................................................. 3 fEffective 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/SHILL 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 5. Hazardous Materials Team Responder................................................................................................................. 5 6. Bilingual Skill...................................................................................................................................................... 5 F. HOLIDAY PAY-IN-LIEU............................................................................................................................................... 6 I. REPORTABLE TO PERS............................................................................................................................................... 6 ARTICLE VI — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT........................................................................ 6 A. UNIFORMS PROVIDED BY CITY.................................................................................................................................... 6 C. UNIFORM ALLOWANCE/FITNESS................................................................................................................................. 6 D. UNIFORM CARE AND REPLACEMENT............................................................................................................................ 7 F. UNIFORM POLICIES AND ADVISORY COMMITTEE.......................................................................................................... 7 G. REPORTABLE TO PERS............................................................................................................................................... 7 ARTICLE VII — HOURS OF WORK/OVER A. WORK SCHEDULE ................................. B. HOURS OF WORK - DEFINED ................. C. LEVEL PAY PLAN (EFFECTIVE 10/01/99, D. OVERTIME/COMPENSATORY TIME......... 1. Paid ................ I.............................. 2. Compensatory Time ........................ a. Non -Exempt ........................................ b. Staff Personnel ..................................... C. Compensatory Time Paid Off ............... 3. Callback ......................................... 4. Mandatory Standby ........................ 5. Pagers ............................................ 6. Reauired Training Attendance-_---_. [ME........................................................................................................... 8 ................................................................................................................... 8 ................................................................................................................... 8 ................................................................................................................... 9 ................................................................................................................... 9 ................................................................................................................... 9 ................................................................................................................. 10 ............................................................................................................................. 10 ............................................................................................................................. 10 ............................................................................................................................. 10 ................................................................................................................. 10 ................................................................................................................. I1 ................................................................................................................. 11 -------------------------------..............................11 036286.01 -i- 10/07/99 9:42 AM Res. 99-9 Fire MOU TABLE OF CONTENTS 7. Cancellation of Overtime................................................................................................................................... 11 8. Court Time......................................................................................................................................................... 11 E. JURY DUTY.............................................................................................................................................................. 12 F. SHIFT EXCHANGE/RELIEF......................................................................................................................................... 12 G. ASSIGNED SHIFT POLICY.......................................................................................................................................... 12 H. MINIMUM STAFFING AND FILLNG VACANCIES........................................................................................................... 13 1. Minimum Staffing Levels.................................................................................................................................... 13 2. Filling of Vacancies........................................................................................................................................... 14 3. Definitions..........................................................................................................................................................15 4. New Equipment.................................................................................................................................................. 15 ARTICLE VHI — HEALTH AND OTHER INSURANCE BENEFITS............................................................................15 A. HEALTH...................................................................................................................................................................15 1. Medical..............................................................................................................................................................15 2. Dental................................................................................................................................................................15 3. Optical ............................................................................................................................................................... 16 4. Eligibility Criteria and Cost............................................................................................................................... 16 B. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT............................................................................................... 17 1. Life..................................................................................................................................................................... 17 2. Accidental Death and Dismemberment............................................................................................................... 17 C. LONG TERM DISABILITY........................................................................................................................................... 17 D. MISCELLANEOUS.......................................................................................................................................................18 ARTICLEIX — RETIREMENT........................................................................................................................................18 A. BENEFITS.................................................................................................................................................................18 1. Public Employees' Retirement System................................................................................................................ 18 2. Self -Funded Supplemental Retirement Benefit.................................................................................................... 19 3. Medical Insurance for Retirees........................................................................................................................... 19 B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING........................................................... 20 1. Employee's Contribution.................................................................................................................................... 20 2. Rollover.............................................................................................................................................................21 3. Reporting of Base Salary.................................................................................................................................... 21 C. REINSTATEMENT PRIVILEGES FOR DISABILITY RETIREES............................................................................................ 21 ARTICLEX — LEAVE BENEFITS................................................................................................................................... 21 A. LEAVE WITH PAY..................................................................................................................................................... 21 1. Vacation.............................................................................................................................................................21 a. Accrual................................................................................................................................................................................21 b. Conversion Factor................................................................................................................................................................ 22 C. Eligibility and Permission.................................................................................................................................................... 22 d. Conversion to Cash.............................................................................................................................................................. 22 C. 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................................................................................................... 23 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........................................................................................................................................... 24 APERSONNEL RULES................................................................................................................................................... 24 B PRECEDENCE OF AGREEMENT................................................................................................................................... 24 036286.01 -ii- 10/07/99 9:42 AM Res. 99-9< Fire MOM TABLE OF CONTENTS C LAYOFF RULES.. ARTICLE XH - MISCELLANEOUS................................................................................................ A FIRE DEPARTMENT PROMOTIONAL EXAMS PERSONNEL RULES — POLICY D-10............................ BLIVING QUARTERS................................................................................................................... C. PAYCHECKS............................................................................................................................. 1. Bi-Weekly Pay.................................................................................................................... 2. Paycheck Distribution........................................................................................................ 3. Vacation Paycheck............................................................................................................. DCLASS ..................................................................................................................................... FADOPTED DOCUMENTS............................................................................................................. 1. Plan Document(HealthNet)................................................................................................ 2. Plan Document (PacifiCare Health Plan)........................................................................... 3. Plan Document (Employee Health Plan)............................................................................. 4. Policy #4002 (Delta Care).................................................................................................. 5. Policy #4729 (Delta Dental)............................................................................................... 6. Vision Care Plan................................................................................................................ 7. Bankers Life and Casualty Company Policy #SR83, 556-50................................................ 8. Standard Insurance Policy#332175-F................................................................................ 9. Retiree Medical Plan.......................................................................................................... ................................ 25 ................................ 25 ................................ 25 ................................ 25 ................................ 25 ................................ 25 ................................ 25 ................................ 25 ................................ 25 ................................ 26 ................................ 26 ................................ 26 ................................ 26 ................................ 26 ................................ 26 ................................ 26 ................................ 26 ................................ 26 ................................ 26 ARTICLE XHI — MANAGEMENT RIGHTS................................................................................................................... 26 ARTICLEXIV — TERM OF MOU.................................................................................................................................... 26 ARTICLE XIV - CITY COUNCIL APPROVAL..............................................................................................................27 EXHIBIT A — EMPLOYER -EMPLOYEE RELATIONS RESOLUTION...................................................................... 28 EXHIBITB — SALARY SCHEDULES............................................................................................................................. 29 EFFECTIVEOCTOBER 1, 1997................................................................................................................................................. 29 EFFECTIVESEPTEMBER 5, 1998.............................................................................................................................................. 29 EFFECTIVEJANUARY 8, 2000................................................................................................................................................. 30 EXHIBIT C — RETIREE SUBSIDY MEDICAL PLAN.................................................................................................... 31 MINIMUM ELIGIBILITY FOR BENEFITS..................................................................................................................................... 32 DISABILITYRETIREES............................................................................................................................................................ 32 MAXIMUM MONTHLY SUBSIDY PAYMENTS............................................................................................................................. 32 EXHIBIT D — PERSONNEL RULE CHANGES.............................................................................................................. 39 EXHIBIT E — TILLER CERTIFICATION ........................................... :........................................................................... 41 036286.01 -iii- 10/07/99 9:42 AM Res. 99-92 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, 1997 through September 30, 2000 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 Personnel Director, 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- 10/07/99 9:42 AM Res.99-92 FIRE MOU October 1, 1997 through September 30, 2000 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 5, 1998 Salary Schedule represents an approximate 4% general across the board salary increase. The January 8, 2000 Salary Schedule represents an approximate 4.04% general across the board salary increase. 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 determined by the Education Committee and Fire Chief, shall receive an additional monthly payment of one hundred fifty dollars ($150). 036286.01 -2- 10/07/99 9:42 AM Res.99-92 FIRE MOU October 1, 1997 through September 30, 2000 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 Personnel Director. 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 "AA." 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- 10/07/99 9:42 AM Res. 99-92. FIRE MOU October 1, 1997 through September 30, 2000 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. I 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- 10/07/99 9:42 AM Res.99-92 FIRE MOU October 1, 1997 through September 30, 2000 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 compensation in the amount of two hundred fifty dollars ($250) per month effective October 1, 1990; and three hundred dollars ($300) per month effective October 1, 1992. 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- 10/07/99 9:42 AM Res.99-92 FIRE MOU October 1, 1997 through September 30, 2000 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 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 Policy C-2 -Uniforms (dated April 20, 1987). B. Uniform Allowance/Fitness - City shall provide each employee who participates in the Fire Department's physical fitness program one hundred dollars ($100) per fiscal year for the purchase of physical fitness uniforms and physical fitness shoes, payable in the first payroll period of December. 036286.01 -6- 10/07/99 9:42 AM Res.99-92 FIRE MOU October 1, 1997 through September 30, 2000 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 (dated April 20, 1987) -Uniforms shall be replaced by the City whenever the Fire Chief or his/her designated representative determines that such replacement is necessary. Any employee who disagrees with the determination of the Fire Chief or his/her representative shall have the right to appeal that determination to the Uniform Advisory 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- 10/07/99 9:42 AM Res.99-92 FIRE MOU October 1, 1997 through September 30, 2000 ARTICLE VII — HOURS OF WORK/OVERTIME A. Work Schedule: 1. 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 fourteen (14) 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. 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. 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- 10/07/99 9:42 AM Res.99-92 FIRE MOU October 1, 1997 through September 30, 2000 F. Level Pay Plan (Effective 10/01/91): 1. Twenty-four (24) Hour Shift Personnel — For the purposes- of computing the bi- weekly pay for all twenty-four (24) hour shift employees, compensation shall be computed on the basis of averaging the overtime pay due to these employees due to the FLSA, the fourteen (14) day work period, counting all regularly scheduled non "lost time" hours as "hours worked," and the City's fifteen (15) day work cycle. The overtime pay resulting from these factors shall be paid bi-weekly based on the averaging of the overtime pay that would be paid over fifteen (15) consecutive bi-weekly work (and pay) periods. During fifteen (15) consecutive bi-weekly pay periods a total of one hundred -forty (140) hours of regularly scheduled hours are required to be paid at the employee's premium rate under the factors described above. The "normal" bi-weekly pay system will compensate these one hundred - forty (140) hours at the employee's premium rate, averaged over fifteen (15) pay periods resulting in 9.33 hours of premium pay each bi-weekly pay period. These shift employees will, therefore, receive 102.67 hours of pay at their regular rate each bi-weekly pay period, plus 9.33 hours of pay at their premium rate of pay for their regular rate to compensate these employees for their overtime due to the regularly scheduled shifts. The only exception to the above shall be for employees in "lost time" status. 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. 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 036286.01 -9- 10/07/99 9:42 AM Res.99-92 FIRE MOU October 1, 1997 through September 30, 2000 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 March 25, 1998. 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. 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. 036286.01 -10- 10/07/99 9:42 AM Res. 99-' FIRE MOU October 1, 1997 through September 30, 2000 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. 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 (dated March 25, 1998), 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 036286.01 -11- 10/07/99 9:42 AM Res.99-92 FIRE MOU October 1, 1997 through September 30, 2000 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 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 Policy D-7 (dated December 22, 1986) of the Huntington Beach Fire Department Organization Manual. Policy D-7 (Exchange of Schedule) may be modified by mutual agreement of the parties at any time during the term of this MOU. 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. 036286.01 -12- 10/07/99 9:42 AM Res.99-9: FIRE MOU October 1, 1997 through September 30, 2000 H. Minimum Staffing and Filling Vacancies: 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.. a. Each engine company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer, and one (1) Firefighter or Firefighter Paramedic. b. When the Department utilizes two-piece companies, at least one (1) Fire Captain and one (1) Fire Engineer shall staff the second unit. 1) Two-piece companies shall respond to structure fires as one unit and not be considered as separate engines for response purposes. 2) The second unit shall only respond by itself on single engine alarms; i.e., trash fires, vehicle fires, and medical aids. c. Each truck company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer, and either two (2) Firefighters or one (1) Firefighter and one (1) Firefighter Paramedic or two (2) Firefighter Paramedics. d. Paramedic units shall be staffed with no less than two (2) paramedics from the following appointed ranks: Firefighter Paramedic, Fire Engineer Paramedic, or Fire Captain Paramedic. e. Paramedic Engine Company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer, and two (2) Firefighters. Two of the members must be certified Paramedics. f. Fire companies not considered to be in full service and immediately available shall not be required to have personnel assigned to them for the purpose of this Article. g. The minimum staffing, as set forth in this Article, shall be specifically and exclusively from employees of the Huntington Beach Fire Department for all routine activities and normal shift duties. 036286.01 -13- 10/07/99 9:42 AM Res.99-92 FIRE MOU October 1, 1997 through September 30, 2000 h. No employee shall be assigned to more than one (1) company at the same time for all routine activities and normal shift duties. Routine activities and normal shift duties shall include those emergencies that would normally be handled by the on -duty suppression force. Any employee assigned to serve in the capacity of Battalion Chief Aide shall not be utilized to satisfy any of the minimum staffing requirements set forth in this Article. He may be utilized to fill a position for which he is qualified to serve in cases of temporary fill-in of four (4) hours or less. 2. Filling of Vacancies: a. 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. b. Either one (1) Firefighter or one (1) Firefighter Paramedic assigned to a truck company may be utilized for special assignments for a period not to exceed four (4) hours in any one shift. c. Replacement Callbacks -- When a vacancy exists on any company apparatus so as to cause the available complement to be less than that required under the minimum staffing provision of this Article, the Department will be obligated to fill any vacancy so as to meet such minimum staffing obligations by use of off duty personnel on an overtime basis instead of employing relief personnel. In the event an existing engine or truck company is placed out of service, those persons previously assigned thereto may be utilized to fill any such vacancy prior to the use of off duty personnel on an overtime basis. d. Staffing vacancies shall be filled rank for rank whenever possible. In the event that a vacancy cannot be filled by voluntary overtime, persons qualified to fill said vacancy may be utilized at the discretion of the Fire Chief to maintain adequate staffing levels. e. In the event that a Firefighter Paramedic, who is scheduled to work on a paramedic unit in order to satisfy minimum staffing obligations, is absent, such vacancy must be filled by an off duty Firefighter Paramedic working on a voluntary overtime basis, if available, instead 036286.01 -14- 10/07/99 9:42 AM Res.99-92 FIRE MOU October 1, 1997 through September 30, 2000 of transferring a Firefighter Paramedic from a truck company and filling that vacancy by the use of an off duty firefighter on an overtime basis. 3. Definitions: a. All fire engines shall be defined as apparatus with fire pump, fire hose, water tanks, ground ladders and necessary fire fighting equipment, excluding specifically aerial ladder or platform capabilities. b. All fire trucks shall be defined as apparatus that have mounted on the chassis an aerial ladder or aerial platform. c. A Paramedic Unit shall be defined as any Fire Department vehicle that is manned with no less than two (2) Firefighter Paramedics. 4. New Equipment - Any Fire Department apparatus, vehicles, technological changes, and new innovations will be discussed with the Association, along with any minimum staffing requirements, prior to being placed in full service for immediate response. 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 on date of hire. The City shall provide an indemnity plan as well as two (2) HMO plans from which the employee may choose. The HMO plans available for the duration of this MOU shall be HealthNet and PacifiCare. 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 Exhibit C. 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 C. Employees may choose either plan. 036286.01 -15- 10/07/99 9:42 AM Res.99-9 FIRE MOU October 1, 1997 through September 30, 2000 3. Optical - The City shall continue to offer a vision plan for employees and dependents. 4. Eligibility Criteria and Cost: a. Health Premiums - City's 1998 contribution toward health costs to be effective September 5, 1998. b. 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: Monthly Delta Premiums* City Plan HealthNet PacifiCare Dental Delta Care Safeguard VSP** Employee $ 238.62 $ 153.26 $ 150.21 $ 34.59 $ 21.48 $ 18.56 $ 17.10 Only Employee + One 477.26 335.53 329.14 66.07 36.51 33.41 17.10 Employee + Family 595.47 440.99 433.82 93.86 55.83 42.64 17.10 Current 1997 Cap 544.00 544.00 544.00 99.00 99.00 99.00 13.00* 1998 Rates are listed - City "cap" would be current 2000 rates. *' Composite Rate c. 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. d. Two Tier Health Premium - Employees hired on or after September 5, 1998, the shall be at the highest dependent, or (3) family. City's contribution toward medical insurance HMO rate of (1) employee, (2) employee+ e. Dependent Health Coverage - The City will assume payment for dependent health insurance, subject to paragraph 4d 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. f. Plan Changes to City Medical Plan (Effective October, 1999): 1) Prescription Drugs - Employees shall be required to obtain the generic drug, if available, unless the physician specifically prescribes a brand name drug. If the physician does not authorize 036286.01 -16- 10/07/99 9:42 AM Res.99-92 FIRE MOU October 1, 1997 through September 30, 2000 a generic substitution, the employee is responsible only for the higher co -payment cost. If the employee requests the brand name drug, he/she will pay the difference between the generic and the brand name cost in addition to the co -payment cost. 2) Outpatient Surgery — The plan will pay ninety percent (90%) for PPO providers and seventy percent (70%) for Non-PPO providers of allowable, usual, customary, and reasonable charges after the annual deductible has been met. This applies to outpatient surgical facilities, outpatient services in a hospital, surgeons, anesthesiologist, and all pre -admission testing. 3) Elective Surgeries — The Plan shall require that the attending physician call OCPPO on all proposed, elective surgeries for a determination of second surgical opinion requirements. OCPPO will have the authority to waive or require a second opinion. OCPPO will provide the patient with a list of Board Certified surgeons in the same specialty. The charges for the second surgical consultant will continue to be paid at one hundred percent (100%) and not subject to the deductible. 4) Subsidized Retiree Medical — Benefits shall be paid at the rate of ninety percent (90%) for PPG's and seventy percent (70%) for Non- PPO's of allowable, usual, customary and reasonable charges after the annual deductible has been met. 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-four dollars and eighteen cents ($34.18) per member for a Long Term Disability 036286.01 -17- 10/07/99 9:42 AM Res.99-92 FIRE MOU October 1, 1997 through September 30, 2000 policy. The City's sole obligation under this paragraph shall be to make payments to the Association in accordance with the above schedule. 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 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. 036286.01 -18- 10/07/99 9:42 AM Res .99-92 FIRE MOU October 1, 1997 through September 30, 2000 b. The City shall contract with PERS to have retirement benefits calculated based upon the employee's highest one year's compensation, pursuant to the provisions of Section 20024.2 (highest single year). c. 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 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 036286.01 -19- 10/07/99 9:42 AM Res.99-92 FIRE MOU October 1, 1997 through September 30, 2000 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 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 - Each safety employee covered by this MOU shall continue to be reimbursed an amount equal to nine percent (9%) of the employee's base salary as the City's payment toward the employee's contribution to the Public Employees' Retirement System. 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. 036286.01 -20- 10/07/99 9:42 AM Res.99-92 FIRE MOU October 1, 1997 through September 30, 2000 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 entitled City of Huntington Beach v. State Board of Control, et. al. (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). C. Reinstatement Privileges for Disability Retirees - Whenever the retirement benefits of an employee who has received a disability retirement are revoked by PERS on the grounds that the employee is no longer disabled from performing the duties of the position held at the time of retirement, the City shall immediately reinstate such employee at his/her former position and pay step, upon application thereof by said employee. 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 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. 036286.01 -21- 10/07/99 9:42 AM Res.99-92 FIRE MOU October 1, 1997 through September 30, 2000 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. 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. After fourteen (14) years of continuous service vacation time shall be accrued at the rate of one hundred ninety-two (192) hours per year. Employees with twenty (20) years of continuous service as of 07/09/88 shall accrue vacation time at a rate of 205.72 hours per year. Vacation allowance shall not be accumulated in excess of three hundred forty two (342) hours. b. Conversion Factor - The conversion factor for vacation usage for twenty- four (24) hour shift personnel shall be .7143. c. Eligibility and Permission — No vacation may be taken until the completion of six (6) months of employment. No employee shall be permitted to take a vacation in excess of actual time earned and 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 U 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. 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 of earned vacation benefits shall be so converted during any one (1) fiscal year. The employee shall 036286.01 -22- 10/07/99 9:42 AM Res.99-92 FIRE MOU October 1, 1997 through September 30, 2000 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 on the first payday following such accumulation. e. 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 — 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. The conversion factor for sick leave usage for twenty-four (24) hour shift personnel shall be .7143. b. Pay -Off at Termination — Upon termination for reasons other than for industrial disability retirement, employees shall be paid (or have paid on their behalf as provided in Article IX.A.3.b) at their current 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, employees shall be paid (or have paid on their behalf as provided in Article IX.A.3.b) at their current salary rate for twenty-five percent (25%) of unused, earned sick leave from zero (0) through four hundred -eighty (480) hours, and for fifty percent (50%) of all unused, earned sick leave in excess of . four hundred -eighty (480) 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. 036286.01 -23- 10/07/99 9:42 AM Res.99-S FIRE MOU October 1, 1997 through September 30, 2000 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, stepgrandmother, 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. 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. 036286.01 -24- 10/07/99 9:42 AM Res. 99-92 FIRE MOU October 1, 1997 through September 30, 2000 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 provisions of Policy D-10, dated June 20, 1994), of the Huntington Beach Fire Department Organization Manual. Policy D-10 may be modified by mutual agreement of the parties at any time during the term of this MOU. 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 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. 036286.01 -25- 10/07/99 9:42 AM Res. 99-92 FIRE MOU October 1, 1997 through September 30, 2000 E. Adopted Documents - The following documents are adopted and incorporated herein by reference: 1. Plan Document (HealthNet) 2 Plan Document (PacifiCare) 3. Plan Document (Employee Health Plan) 4. Plan Policy #4002 (Delta Care) 5. Plan Policy #4729 (Delta Dental) 6. Vision Care Plan 7. Bankers Life and Casualty Company - Policy #SR83,556-50 8. Standard Insurance Policy #332175-F 9. Retiree Medical Plan 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, 1997, and ending at midnight on September 30, 2000. 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 -26- 10/07/99 9:42 AM Res.99-92 FIRE MOU October 1, 1997 through September 30, 2000 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 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 18th day of October , 1999. CITY OF HUNTINGTON BEACH A Municipal Corporation Ray Iver City Administrator 6741 John P. Reekstin Director of Administrative Services By: d� T'' A s Z��' William H. Osness onnel Director Daniel Cassidy Chief Negotiator APPROVED AS TO FORM By: Gail Hutton City Attorney in HUNTINGTON BEACH FIREFIGHTERS' ASSN. Cj I - President Negotiating Team Member Negotiating'Team Member Negotiating Team Member Negotiating Team Member By:'�� ! p . Silver Fire Association Atto`ry 036286.01 -27- 09/30/99 10:10 AM Res.99-9` 1*4 a1=31191-1 CITY OF HUNTINGTON BEACH EMPLOYER -EMPLOYEE RELATIONS RESOLUTION 7.3 Personnel Director Motion of Unit Modification - The Personnel Director may propose, during the same period for filing a Petition for Decertification, that an established unit be modified in accordance with the following procedure: a. The Personnel Director shall give written notice of the proposed unit modification to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Personnel Director's rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for Appropriateness of Units. Additionally, the Personnel Director shall provide all affected employee organizations with all correspondence, memoranda, and other documents which relate to any input regarding the unit modification which may have been received by the City or from affected employees and/or sent by the City to affected employees; b. Following receipt of the Personnel Director's proposal for unit modification, any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the motion for unit modification to the Personnel Commission, C. The Personnel Commission shall conduct a noticed Public Hearing regarding the motion for unit modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed unit modification which determination may include a granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of bargaining units. Following the Personnel Commission's determination of the composition of the appropriate unit or units, it shall give written notice of such determination to all affected employee organizations; d. Any party who chooses to appeal from the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. 036286.01 -28- 10/07/99 9:42 AM Res.99-92 EXHIBIT B CITY OF HUNTINGTON BEACH FIRE ASSOCIATION SALARY SCHEDULE Effective October 1, 1997 Job Code Classification Ran e A B C D E 6432 Fire Controller NE 398 2753 2903 3063 3231 3409 6434 Fire Controller Leadworker NE 425 3149 3323 3505 3697 3900 4432 Firefighter NE 418 3042 3208 3385 3571 3767 2460 Supervising Fire Controller EX 473 3999 4219 4451 4696 j 4954 3430 Fire Engineer NE 441 3411 3598 3796 4004 4224 3434 Fire Engineer Paramedic* NE 461 3767 3973 4191 4422 4664 4428 Firefighter Paramedic NE 449 3546 3742 3949 4165 4394 4430 Fire Protection Specialist* EX 449 3546 3742 3949 4165 4394 1480 Fire Captain EX 473 3999 4219 4451 4696 1 4954 1483 Fire Captain Paramedic* EX 495 4463 1 4709 4968 5242 5529 1430 Deputy Fire Marshal* EX 495 4463 4709 4968 5242 5529 Effective September 5, 1998 Job Code Classification Range A B C D E 4432 Firefighter NE 426 3163 3336 3520 3714 3919 3430 Fire Engineer NE 457 3692 3894 4109 4335 4574 3434 Fire Engineer Paramedic* NE 469 3922 4137 4364 4603 4856 4428 Firefighter Paramedic NE 457 3692 3894 4109 4335 4574 4430 Fire Protection Specialist* EX 466 3861 4075 4298 4534 4784 1480 Fire Captain EX 481 4163 4392 4633 4888 5156 1483 Fire Captain Paramedic* EX 503 4645 4900 5168 5453 5752 1430 Deputy Fire Marshal* EX 503 4645 4900 5168 5453 5752 036286.01 -29- 10/07/99 9:42 AM Res. 99-92 EXHIBIT B CITY OF HUNTINGTON BEACH FIRE ASSOCIATION SALARY SCHEDULE — CONTINUED Effective January 8, 2000 Job Code Classification Range A B C D E 4432 Firefighter NE 434 3359 3544 3738 3945 4161 3430 Fire Engineer NE 465 3841 4052 4276 4511 4759 3434 Fire Engineer Paramedic* NE 477 4078 4302 4539 4789 5052 4428 Firefighter Paramedic NE 465 3841 4052 4276 4511 4759 4430 Fire Protection Specialist* EX 474 4017 4238 4472 4718 4978 1480 Fire Captain EX 489 4331 4569 4820 5085 5364 1483 Fire Captain Paramedic* EX 511 4834 5099 5380 5676 5988 1430 Deputy Fire Marshal* EX 511 4834 5099 5380 5676 5988 036286.01 -30- 10/07/99 9:42 AM if �21=019 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 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 -31- 10/07/99 9:42 AM Res .99-92 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 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 -32- 10/07/99 9:42 AM EXHIBIT C Res.99- Maximum Monthly Payment for Retirements After: Years of Service 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10/1 /92 $ 121 136 151 166 181 196 211 226 241 256 271 286 300 315 330 344 Note: The above payment amounts may be reduced each month as dependent eligibility ceases due to death, divorce, or loss of dependent child status. However, the amount shall not be reduced if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. 036286.01 -33- 10/07/99 9:42 AM Res.99-92 EXHIBIT C INDEMNITY HEALTH PLAN, EMPLOYEES/RETIREES Benefitsl City Plan - Employees City Plan - Subsidized Non -Subsidized Retirees Retirees COBRA -eligibles Deductible per person $150 $200 Deductible per family $450 $500 Maximum Out of Pocket $1000 per person $1500 per person $2000 per family $3000 per family Note: Retirees who elect to participate in HealthNet or Family Health Plan (FHP) shall be entitled to benefits of the program chosen. ' This summary lists only those benefit provisions that differ between active and subsidized Retiree Plans. The Employee Health Plan Document should be consulted for detailed questions about specific benefits. Benefits are subject to modification through the meet and confer process. 036286.01 -34- 10/07/99 9:42 AM Res. 99-92 EXHIBIT C RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS A. Eligibility: 1. The effective start-up date of the Retiree Subsidy Medical Plan for the various employee groups shall be the first of the month following retirement date. 2. A retiree may change plans, add dependents, etc., during annual open enrollment. 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 -35- 10/07/99 9:42 AM Res.99-92 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: I. The subsidy payments will pay for: a. Retiree Subsidy Medical Plan. b. HealthNet. c. PacifiCare. 036286.01 -36- 10/07/99 9:42 AM Res.99-92 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 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 -37- 10/07/99 9:42 AM Res.99-92 EXHIBIT C 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 -38- 10/07/99 9:42 AM Res. EXHIBIT D CITY OF HUNTINGTON BEACH PESONNEL RULE CHANGES Rule 5-14, Promotional Examinations — Promotional examinations may be conducted �i whenever, in the opinion of the Personnel Director, 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. Rule 5-20, Duration of Employment Lists — Employment lists shall remain in effect for one (1) year from the date of the last examination, unless sooner exhausted. Promotional lists and entry level employment lists may be extended prior to expiration date by the Personnel Director when requested by the Department Head for additional periods, but in no event shall an employment list remain in effect for more than two (2) years. Names placed on such lists shall be merged with others already on the list in order of scores. Amend Personnel Rule 8-3, Layoffs — 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 in the same department are first laid off. Rule 8-11, Re-employment — With the approval of the Personnel Director, 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 of 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. Rule 18-19, Maternity Leave — The City and Association agree to modify the present rule 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 Personnel Director." Delete. "Female" — Six months. 036286.01 -39- 10/07/99 9:42 AM Res.99-92 EXHIBIT D CITY OF HUNTINGTON BEACH PERSONNEL RULE CHANGES -- CONTINUED Amend Personnel Rule 18-20 to include Medical Leave of Absence — The City and the Association agree that 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. Rule 19-5, Step 4 — City Administrator — If the grievance is not settled under Step 3, the grievance may be presented to the City Administrator in accordance with the following procedure: Within fifteen (15) days after the time the decision is rendered under Step 3 above, a written statement of the grievance shall be filed with the Personnel Director who shall act as hearing officer and shall set the matter for hearing within fifteen (15) days thereafter and shall cause notice to be served upon all interested parties. The Personnel Director, or his representative, shall hear the matter de novo and shall make recommended findings, conclusions, and decisions in the form of a written report and recommendation to the City Administrator within five (5) days following such hearing. The City Administrator may, at his discretion, receive additional evidence or argument by setting the matter for hearing within ten (10) days following his receipt of such report and causing notice of such hearing to be served upon all interested parties. Within five (5) days after receipt of report, or the hearing provided for above, if such hearing is set by the City Administrator, the City Administrator shall make written decision and cause such to be served upon the employee or employee organization and the Personnel Director. Rule 19-5(b) — Hearing — As soon as practicable thereafter, the Personnel Director shall set the matter for hearing before a hearing officer either selected by mutual consent of the parties or from a list provided by the Personnel Commission. Ratification of the hearing officer selected by mutual consent of the parties, if from a list approved by the Personnel Commission, shall not require separate approval or ratification by the Personnel Commission. The hearing officer shall hear the case and make recommended findings, conclusions, and decision in the form of a written report and recommendation to the Personnel Commission. In lieu of the hearing officer process, the Personnel Commission may agree to hear a case directly upon submission of the case by mutual consent of the parties. Rule 21-7 — Hearing Officers —The hearing officer provided for in Rules 19 and 20 shall be from a list provided by the Personnel Commission or one selected by mutual consent of the parties. Rule 21-13 — Extension of Time for Processing Grievances — 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. 036286.01 -40- 10/07/99 9:42 AM Res.99-92 EXHIBIT E CITY OF HUNTINGTON BEACH TILLER CERTIFICATION Following is the method of application regarding Tiller Certification, Article V, Section E-3 of the Huntington 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. 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 -41- 10/07/99 9:42 AM Resolution Number 99-92 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 18thday of October , 19 99, by the following vote: AYES: Council Members: Bauer, Garofalo, Green, Dettloff, Harman NOES: Council Member: Sullivan ABSENT Council Member: Julien City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 036286.01 -42- 10/07/99 9:42 AM ATTACHMENT #3 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To: Ray Silver, City Administrator From: John Reekstin, Director of Administrative Services Subject: FIS 98-58 Fire Association MOU Date: August 23, 1999 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Fire Association MOU." If the City Council approves this action, (total appropriation $450,000), the estimated unappropriated, undesignated General Fund Balance at September 30, 1999 will be reduced to $7,085,001 n Reekstin, irector of Administrative Services ADOPTED B CURRENT ESTIMATE $ 6,957,245 $ 7,085,001 I Beginning Fund Balance 10/1/98 (unaudited) 1 $ 8,987,000 1 $ 8,987,000 Plus: Estimated Revenue 107,860,642 109,524,481 Less: Estimated Expenditures (109,890,397) (109,399,060) Less Pending/Approved FIS's (1,577,480) Less: FIS 99-58 - (450,000) Estimated 9/30/99 Balance $ 6,957,245 $ 7,085,001 Estimated General Fund Balance at September 30, 1999 $9,000,000 -- -- $8,000,000 ---- j- -- $7,000,000 -- _ - — $6,000,000 _ — - -- - -- I $5,000,000 -- - - — - -- ----- --, $4,000,000 --- - — $6,957,245 i $3,000,000 -------- — ----- $7,085,001 $2,000,000 $1,000,000 ---_ — — — ADOPTED BUDGET CURRENT ESTIMATE Fire MOU TABLE OF CONTENTS ARTICLE I - REPRESENTATIONAL UNIT/CLASSIFICATIONS................................................................................. i ARTICLE II - EXISTING CONDITIONS OF EMPLOYMENT...................................................................................... I ARTICLEHI - 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 c: Level................................................................................................................................................................................. 3 d. Degree Majors....................................................................................................................................................................... 3 e. Education Committee............................................................................................................................................................. 3 f. Effective Date........................................................................................................................................................................ 3 fPrevious Benefits................................................................................................................................................................... 3 B. ACTING ASSIGNMENTS............................................................................................................................................... 4 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-. EAJ 1 G r- r.. ,.N 3. Firefighter Tiller Certification............................................................................................................................ 5 a. Tiller Certification............................................................................................................................................................... 5 b. Class B Driver License.................................................................................................................................................... 5 C. Light Air Unit...................................................................................................................................................................... 5 $ -AID C- rtifieaf o a-. P;�....................................................................................................... .................................... ............................ 6 b-. Supervising Fire I'ontr-ollor.................................................................................................................................................... 6 5. Hazardous Materials Team Responder................................................................................................................. 6 6. Bilingual Skill...................................................................................................................................................... 6 F. HOLIDAY PAY-IN-LIEU............................................................................................................................................... 7 �' SHIFT DiFFEnE?4T-i ........................................................................................................................... ..... ..................7 .......................................................................................................................... 7 1. REPORTABLE TO PERS............................................................................................................................................... 7 ARTICLE VI - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT ........................................................................ 8 A. UNIFORMS PROVIDED BY CITY.................................................................................................................................... 8 B UNIFORMS nReVIDED CIT-* inn T/1U 8 BY HOUR81HFT PERSONNEL) C. UNIFORM ALLOWANCE/FITNESS................................................................................................................................. 8 C............................................................................................... D. UNIFORM CARE AND REPLACEMENT............................................................................................................................ 9 F. UNIFORM POLICIES AND ADVISORY COMMITTEE .......................................................................................................... 9 G. REPORTABLE TO PERS............................................................................................................................................... 9 ARTICLE VII - HOURS OF WORK/OVERTIME.........................................................................................................10 A. WORK SCHEDULE..................................................................................................................................................... 10 E. HOURS OF WORK - DEFINED..................................................................................................................................... 10 C. LEVEL PAY PLAN (EFFECTIVE 10/01/99)................................................................................................................... 1 I D. OVERTIME/COMPENSATORY TIME............................................................................................................................. 13 0035860.01 -i- 10/07/99 9:04 AM Fire M®U TABLE OF CONTENTS 1. Paid................................................................................................................................................................... 13 2. Compensatory Time............................................................................................................................................ 13 a. Non-Exempt.........................................................................................................................................................................13 b. Staff Personnel........................................................................................................................... ........ 13 C. Compensatory Time Paid Off............................................................................................................................................... 14 3. Callback.............................................................................................................................................................14 4. Mandatory Standby............................................................................................................................................ 14 5. Pagers................................................................................................................................................................14 6. Required Training Attendance............................................................................................................................ 14 7. Cancellation of Overtime................................................................................................................................... 15 8. Court Time......................................................................................................................................................... 15 9 ................................................................................................................................................. 15 E. JURY DUTY.............................................................................................................................................................. 16 F. SHIFT EXCHANGE/RELIEF......................................................................................................................................... 16 G. ASSIGNED SHIFT POLICY.......................................................................................................................................... 16 H. MINIMUM STAFFING AND FILLING VACANCIES........................................................................................................... 16 1. Minimum Manning Levels.................................................................................................................................. 16 2. Filling of Vacancies........................................................................................................................................... 17 3. Definitions..........................................................................................................................................................18 4. New Equipment.................................................................................................................................................. 19 ARTICLE VIII — HEALTH AND OTHER INSURANCE BENEFITS............................................................................19 A. HEALTH...................................................................................................................................................................19 1. Medical..............................................................................................................................................................19 2. Dental................................................................................................................................................................19 3. Optical............................................................................................................................................................... 19 3- Opfieal ............................................................................................................................................................... 19 ¢ --gi ;hr 04t i and Cos ...............................................................................................................................19 4. Eligibility Criteria and Cost............................................................................................................................... 20 B. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT............................................................................................... 21 1. Life..................................................................................................................................................................... 21 2. Accidental Death and Dismemberment............................................................................................................... 22 C. LONG TERM DISABILITY........................................................................................................................................... 22 D. MISCELLANEOUS......................................................................................................................................................22 ARTICLEIX — RETIREMENT........................................................................................................................................ 22 A. BENEFITS.................................................................................................................................................................22 1. Public Employees' Retirement System................................................................................................................ 22 2. Self -Funded Supplemental Retirement Benefit.................................................................................................... 23 3. Medical Insurance for Retirees........................................................................................................................... 23 B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING........................................................... 25 1. Employee's Contribution.................................................................................................................................... 25 2. Rollover............................................................................................................................................................. 25 aPERS................................................................................................................................................................................... 25 b- v,,,.atio„ A,.,...,, i .........25 3. Reporting of Base Salary.................................................................................................................................... 26 C. REINSTATEMENT PRIVILEGES FOR DISABILITY RETIREES............................................................................................ 26 ARTICLE X — LEAVE BENEFITS................................................................................................................................... 26 A. LEAVE WITH PAY..................................................................................................................................................... 26 1. Vacation.............................................................................................................................................................26 a. Accrual................................................................................................................................................................................26 b. Conversion Factor................................................................................................................................................................ 27 C. Eligibility and Permission.................................................................................................................................................... 27 d. Conversion to Cash.............................................................................................................................................................. 27 e. Pay -Off at Termination......................................................................................................................................................... 27 0035860.01 -0- 10/07/99 9:04 AM Fore MOU TABLE OF CONTENTS 2. Sick Leave..........................................................................................................................................................27 a. Accrual................................................................................................................................................................................28 b. Pay -Off at Termination......................................................................................................................................................... 28 C. Utilization in Conjunction with Industrial Disability Leave................................................................................................... 28 3. Family Sick Leave.............................................................................................................................................. 28 a. Twenty -Four (24) Hour Shift Employees.............................................................................................................................. 28 b. All Others............................................................................................................................................................................28 C. Authorization....................................................................................................................................................................... 28 4. Bereavement.......................................................................................................................................................28 5. Association Business.......................................................................................................................................... 29 ARTICLEXI — CITY RULES........................................................................................................................................... 29 APERSONNEL RULES................................................................................................................................................... 29 BPRECEDENCE OF AGREEMENT................................................................................................................................... 29 CLAYOFF RULES...............................................................f..........................................................................................29 ARTICLE XH - MISCELLANEOUS................................................................................................................................ 29 A FIRE DEPARTMENT PROMOTIONAL EXAMS PERSONNEL RULES — POLICY D-10............................................................ 29 BLIVING QUARTERS................................................................................................................................................... 29 C. PAYCHECKS............................................................................................................................................................. 30 1. Bi-Weekly Pay.................................................................................................................................................... 30 2. Paycheck Distribution........................................................................................................................................ 30 3. Vacation Paycheck............................................................................................................................................. 30 D Di ,x Exi4 i?4�T-io 1T/�T]1ix'(�TT)VE iiinicPSL �cfnvxxxV Fi rTora roxc xiso�-GICaZi-r1cT�rzVLiTLlcu................................................................................................ 30 DCLASS ..................................................................................................................................................................... 30 FADOPTED DOCUMENTS............................................................................................................................................. 30 1. Plan Document(HealthNet)................................................................................................................................ 30 2. Plan Document (PacifiCare Health Plan)........................................................................................................... 30 3. Plan Document (Employee Health Plan)............................................................................................................. 30 4. Policy #4002 (Delta Care).................................................................................................................................. 31 5. Policy #4729 (Delta Dental)............................................................................................................................... 31 6. Vision Care Plan................................................................................................................................................ 31 7. Bankers Life and Casualty Company Policy #SR83,556-50................................................................................ 31 8. Standard Insurance Policy9332175-F............................................................................................................... 31 9. Retiree Medical Plan.......................................................................................................................................... 31 ARTICLE XIII — MANAGEMENT RIGHTS................................................................................................................... 31 ARTICLEXIV — TERM OF MOU.................................................................................................................................... 31 ARTICLE XIV - CITY COUNCIL APPROVAL.............................................................................................................. 32 EXHIBIT A — EMPLOYER -EMPLOYEE RELATIONS RESOLUTION...................................................................... 33 EXH113ITB FIRE ASSOCIATION SALARY SCHEDULE ......................................................................................... 34 EF��GT BE i 199n EFFECTIVEOCTOBER 1, 1997................................................................................................................................................. 35 EFFECTIVESEPTEMBER 5, 1998.............................................................................................................................................. 35 EFFECTIVEJANUARY 8, 2000................................................................................................................................................. 36 EXHIBITC HEALTH PLAN CHANCES .................................................................................................................... 37 A. Minimum Eligibility for Ben eTts....................................................................................................................... 41 B. Disability Retirees.............................................................................................................................................. 41 C. Maximum Monthly Subsidy Payments.............................................................................................................. 41 0035860.01 -iii- 10/07/99 9:04 AM Fire MOU TABLE OF CONTENTS EXHIBIT D - PERSONNEL RULE CHANGES.............................................................................................................. 48 EXHIBIT E - TILLER CERTIFICATION....................................................................................................................... 50 0035860.01 -iv- 10/07/99 9:04 AM 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, 1997 through September 30, 2000 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* Reserve Firefighter Reserve Fire Controller I eadwerke Supervising Ciro ContrelleT *Administrative Appointments B. The CITY and Association have agreed to a procedure whereby the City, by and through the Personnel Director, would be entitled to propose a Unit Modification. This agreement, 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. 0035860.01 -1- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 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 5, 1998 Salary Schedule represents an approximate 4% general across the board salary increase. The January 8, 2000 Salary Schedule represents an approximate 4.04% general across the board salary increase. 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 three-(3) one (1) years of service with the City of Huntington Beach and has attained the equivalent of C S Ciro Controller Ciro Controller I ead � erker Ciro Gentrollor �-' ."�.'TIIT—�''�TIiTVTfGI � T7Ti � ITC7fCG-QQY9VT-fC , 1-171T1i1 Supervisor, Firefighter er higheer ran! 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). Ciro controllers Ciro CGntrollor I eadworker and Ciro Controller Ci inoniisnr magi .also qualify for this loci f oral iootion in ontivo nazi if they have o Ba elers Degree in roi�rr� Tvcrav-acTvrrrrrF. �Ct�v�g� vv i 0035860.01 -2- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 b. Level II — Any employee who has completed sox (6) three (3) years of service with the City of Huntington Beach and has attained the equivalent of E Step Fore Controller, ForeController LeadworFer,� Controller Supervisor, FiFefighter or higher rank, and has attained a Bachelors Degree in Fire Administration, Public Administration, or an equivalent course of study as determined by the Education Committee and Fire Chief, shall receive an additional monthly payment of one hundred twent fifty dollars ($1-20 $150). Fore Gentrel„ersFire Controller —Leadwerkers—and Controller i— may also qualify for this level of ed inati��ioon_in nee Ttrve nazi if they have a Bacholors Degree in Gomm ininations OF Cnnielnrw 7 have v v aw vuvi ivivi .rva�i �� n r vv� � n naar nv-acwrr� v� vvvrvrv9 1 1 1Y4 Owe 1. h."i. cvii! WIN 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 Personnel Director. 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. 0035860.01 -3- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 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. 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 0035860.01 -4- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 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. 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 ®river 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. 0035860.01 -5- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 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 two hundred fifty dollars ($250) per month effective October 1, 1990; and three hundred dollars ($300) per month effective October 1, 1992. 5. Bilingual Skill — Up to seven (7) ernpleyees who have demonstrated their tG Genverse on Spanish or Vietnamese shall reGeive bilingual pay. The manner of demonstrating pr()fmG*enGy and the e- of which eligible employees reGeive the Gash payment (of rnere than seven ernpleyees are eligible), shal deterrn*ned On a manner to be agreed upon between the Fore Chief and . A. Permanent employees who are required by the Fire Chief to use their bilingual abilities in Spanish or Vietnamese as part of their yob 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 requirements must be met within six (6) months of appointment as a Fire Protection Specialist. 0035860.01 -6- 10/07/99 9:04 AM FIRE MOU October 1, 499 1997 through September 30, 1993 2000 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. lift 12, 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. 0035860.01 -7- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 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 Policy C-2 —Uniforms (dated April 20, 1987). - - �- T- 12 i • 00, -O- - - - - B. Uniform Allowance/Fitness — City shall provide each employee who participates in the Fire Department's physical fitness program one hundred dollars ($100) per fiscal year for the purchase of physical fitness uniforms and physical fitness shoes, payable in the first payroll period of December. 0035860.01 -8- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 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, ^rah becomes unacceptable, and which or were damaged by circumstances involving the Firefighter's regular work while on duty. 2. The uniforms described in paragraphs A.11z; 3 anof this Article and Policy C-2 (dated April 20, 1987) -Uniforms shall be replaced by the City whenever the Fire Chief or his/her designated representative determines that such replacement is necessary. Any employee who disagrees with the determination of the Fire Chief or his/her representative shall have the right to appeal that determination to the Uniform Advisory Committee, as e-stablis �d mS`Gtinn F 2 of this ArtiGe 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. 0035860.01 -9- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 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 fourteen (14) 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. 4 All Fore Gontrnllers shall work the ion (10) and fourteen (14) hour shifts fnr�y --nrr- v -v vrrrrorrc� r��rrar�v work c cn�r-rT--rry ar�r�rrr� � rorr� (40) hour average werk week sashed ilo 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. Eff�„ Live 10/01/99, SiGk leave shall be GGunted as hours worked fer purposes of over nGa l c i l a�rat; tugs 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. 4. Meal periods are paid as hours worked for personnel who are subject to call for emergency duty. 5. 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. 0035860.01 -10- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 4993 2000 - - - - - - _ • -mn- - - - 6 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. 7 6. Exchanges of time shall not be considered when computing hours worked as defined in this Article. 6 7. An employee shall be considered to be working if he/she is ordered to duty by the Fire Chief or his/her designee. C. Level Pay Plan (Effective 10/01/91): 1. Twenty-four (24) Hour Shift Personnel — For the purposes of computing the bi- weekly pay for all twenty-four (24) hour shift employees, compensation shall be computed on the basis of averaging the overtime pay due to these employees due to the FLSA, the fourteen (14) day work period, counting all regularly scheduled non "lost time" hours as "hours worked," and the City's fifteen (15) day work cycle. The overtime pay resulting from these factors shall be paid bi-weekly based on the averaging of the overtime pay that would be paid over fifteen (15) consecutive bi-weekly work (and pay) periods. During fifteen (15) consecutive bi-weekly pay periods a total of one hundred -forty (140) hours of regularly scheduled hours are required to be paid at the employee's premium rate under the factors described above. The "normal" bi-weekly pay system will compensate these one hundred - forty (140) hours at the employee's premium rate, averaged over fifteen (15) pay periods resulting in 9.33 hours of premium pay each bi-weekly pay period. F These shift employees will, therefore, receive 102.67 hours of pay at their regular rate each bi-weekly pay period, plus 9.33 hours of pay at their premium rate of pay for their regular rate to compensate these employees for their overtime due to the regularly scheduled shifts. The only exception to the above shall be for employees in "lost time" status. 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 0035860.01 -11- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 receive premium pay for only those overtime hours worked in excess of the number of lost time hours in the bi-weekly pay period. ._ Fel W100. _ _ r _ u r _ _ _ _ _ r A A,_ I _A. = A_ NAMEl AT NAEl_ _ r .70,1ml r = _lANNl IA. 0 _ I I �� __ _ _ _ _ _ _ _ _ _ _ _ ^T-1,WFMTNNNN AM INNANNIM 00 N r r r ML 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. 0035860.01 -12- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 4Vn 2000 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 Huntington Beach Fire Department Organization Manual, Policy D-3 dated J� �^�1-9Q2 March 25, 1998. 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. Exempt 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 a straight +imo rate nn an ho r- fnr_ho it basis. 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. 0035860.01 -13- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 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. 0035860.01 -14- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 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 (dated March 25, 1998), 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. 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. ._ B*e -_ 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 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. 0035860.01 -15- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1998 2000 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 Policy D-7 (dated December 22, 1986) of the Huntington Beach Fire Department Organization Manual. Policy D-7 (Exchange of Schedule) may be modified by mutual agreement of the parties at any time during the term of this MOU. 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: 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: a. Each engine company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer, and one (1) Firefighter or Firefighter Paramedic. b. When the Department utilizes two-piece companies, at least one (1) Fire Captain and one (1) Fire Engineer shall staff the second unit. 1) Two-piece companies shall respond to structure fires as one unit and not be considered as separate engines for response purposes. 0035860.01 -16- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 2) The second unit shall only respond by itself on single engine alarms; i.e., trash fires, vehicle fires, and medical aids. c. Each truck company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer, and either two (2) Firefighters or one (1) Firefighter and one (1) Firefighter Paramedic or two (2) Firefighter Paramedics. d. Paramedic units shall be staffed with no less than two (2) paramedics from the following appointed ranks: Firefighter Paramedic, Fire Engineer Paramedic, or Fire Captain Paramedic. e. Paramedic Engine Company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer, and two (2) Firefighters. Two of the members must be certified Paramedics. f. Fire companies not considered to be in full service and immediately available shall not be required to have personnel assigned to them for the purpose of this Article. g. The minimum staffing, as set forth in this Article, shall be specifically and exclusively from employees of the Huntington Beach Fire Department for all routine activities and normal shift duties. h. No employee shall be assigned to more than one (1) company at the same time for all routine activities and normal shift duties. Routine activities and normal shift duties shall include those emergencies that would normally be handled by the on -duty suppression force. Any employee assigned to serve in the capacity of Battalion Chief Aide shall not be utilized to satisfy any of the minimum staffing requirements set forth in this Article. He may be utilized to fill a position for which he is qualified to serve in cases of temporary fill-in of four (4) hours or less. 2. Filling of Vacancies: 0035860.01 -17- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 a. 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. b. Either one (1) Firefighter or one (1) Firefighter Paramedic assigned to a truck company may be utilized for special assignments for a period not to exceed four (4) hours in any one shift. c. Replacement Callbacks -- When a vacancy exists on any company apparatus so as to cause the available complement to be less than that required under the minimum staffing provision of this Article, the Department will be obligated to fill any vacancy so as to meet such minimum staffing obligations by use of off duty personnel on an overtime basis instead of employing relief personnel. In the event an existing engine or truck company is placed out of service, those persons previously assigned thereto may be utilized to fill any such vacancy prior to the use of off duty personnel on an overtime basis. d. Staffing vacancies shall be filled rank for rank whenever possible. In the event that a vacancy cannot be filled by voluntary overtime, persons qualified to fill said vacancy may be utilized at the discretion of the Fire Chief to maintain adequate staffing levels. e. In the event that a Firefighter Paramedic, who is scheduled to work on a paramedic unit in order to satisfy minimum staffing obligations, is absent, such vacancy must be filled by an off duty Firefighter Paramedic working on a voluntary overtime basis, if available, instead of transferring a Firefighter Paramedic from a truck company and filling that vacancy by the use of an off duty firefighter on an overtime basis. 3. Definitions: a. All fire engines shall be defined as apparatus with fire pump, fire hose, water tanks, ground ladders and necessary fire fighting equipment, excluding specifically aerial ladder or platform capabilities. b. All fire trucks shall be defined as apparatus that have mounted on the chassis an aerial ladder or aerial platform. c. A Paramedic Unit shall be defined as any Fire Department vehicle that is manned with no less than two (2) Firefighter Paramedics. 0035860.01 -18- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 4. New Equipment — Any Fire Department apparatus, vehicles, technological changes, and new innovations will be discussed with the Association, along with any minimum staffing requirements, prior to being placed in full service for immediate response. ARTICLE VIII — HEALTH AND OTHER INSURANCE BENEFITS A. Health: 1. Medical: a. The City shall provide current group medical insurance benefits to all employees effective on date of hire. The City shall provide an indemnity plan as well as two (2) HMO plans from which the employee may choose. The HMO plans available for the duration of this MOU shall be HealthNet and Family Health Plan PacifiCare. 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 Exhibit C. 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 C. Employees may choose either plan. 3. Optical — The City shall continue to offer a vision plan for employees and dependents. 0035860.01 -19- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 - _ - - - - - . .I.M.7.1 M-72- - - - - ., - - • _ - - - 4. Eligibility Criteria and Cost: a. Health Premiums - City's 1998 contribution toward health costs to be effective September 5, 1998. b. 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: Monthly Delta Premiums* City Plan HealthNet PacifiCare Dental Delta Care Safeguard VSP** Employee $ 238.62 $ 153.26 $ 150.21 $ 34.59 $ 21.48 $ 18.56 $ 17.10 Only Employee 477.26 335.53 329.14 66.07 36.61 33.41 17.10 + One Employee 595.47 440.99 433.82 93.86 55.83 42.64 17.10 + Family Current 1997 Cap 544.00 644.00 544.00 99.00 99.00 99.00 13.00* 1998 Rates are listed - City "cap" would be current 2000 rates. Composite Rate c. 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. d. 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. e. Dependent Health Coverage - The City will assume payment for dependent health insurance, subject to paragraph 4d above, 0035860.01 -20- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 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. f. Plan Changes to City Medical Plan (Effective October, 1999): 1) Prescription Drugs — Employees shall be required to obtain the generic drug, if available, unless the physician specifically prescribes a brand name drug. If the physician does not authorize a generic substitution, the employee is responsible only for the higher co -payment cost. If the employee requests the brand name drug, he/she will pay the difference between the generic and the brand name cost in addition to the co - payment cost. 2) Outpatient Surgery — The plan will pay ninety percent (90%) for PPO providers and seventy percent (70%) for Non-PPO providers of allowable, usual, customary, and reasonable charges after the annual deductible has been met. This applies to outpatient surgical facilities, outpatient services in a hospital, surgeons, anesthesiologist, and all pre -admission testing. 3) Elective Surgeries — The Plan shall require that the attending physician call OCPPO on all proposed, elective surgeries for a determination of second surgical opinion requirements. OCPPO will have the authority to waive or require a second opinion. OCPPO will provide the patient with a list of Board Certified surgeons in the same specialty. The charges for the second surgical consultant will continue to be paid at one hundred percent (100%) and not subject to the deductible. 4) Subsidized Retiree Medical — Benefits shall be paid at the rate of ninety percent (90%) for PPO's and seventy percent (70%) for Non-PPO's of allowable, usual, customary and reasonable charges after the annual deductible has been met. 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 0035860.01 -21- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 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-four dollars and eighteen cents ($34.18) per member for a Long Term Disability policy. The City's sole obligation under this paragraph shall be to make payments to the Association in accordance with the above schedule. 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 be allowed to opt into Level lll. 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 Ill 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: 0035860.01 -22- 10/07/99 9:04 AM FIRE MOIL October 1, 1990 1997 through September 30, 1993 2000 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 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. 0035860.01 -24- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 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. The City shall contract with PERS to have retirement benefits calculated based upon the employee's highest one year's compensation, pursuant to the provisions of Section 20024.2 (highest single year). c. 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 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 18, 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: 0035860.01 -23- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 B. Public Employees' Retirement System Reimbursement and Reporting: 1. Employee's Contribution — Each safety employee covered by this MOU shall continue to be reimbursed an amount equal to nine percent (9%) of the employee's base salary as the City's payment toward the employee's contribution to the Public Employees' Retirement System. 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 entitled City of Huntington Beach v. State Board of Control, et. al. (Orange County Superior Court Case No. 779958.) - TuLftm • .. -- . . 100 .. -_ ■ Gonver-ted to salary fGr er any part of _ tw r _ ■ r 0035860.01 -25- 10/07/99 9:04 AM FIRE MOU October 1, 4999 1997 through September 30, 1993 2000 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). C. Reinstatement Privileges for Disability Retirees — Whenever the retirement benefits of an employee who has received a disability retirement are revoked by PERS on the grounds that the employee is no longer disabled from performing the duties of the position held at the time of retirement, the City shall immediately reinstate such employee at his/her former position and pay step, upon application thereof by said employee. 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 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. 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. 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. After fourteen (14) years of continuous service vacation time shall be accrued at the rate of one hundred ninety-two (192) hours per year. Employees with twenty (20) years of continuous service as of 07/09/88 shall accrue vacation time at a rate of 205.72 hours per year. 0035860.01 -26- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 4993 2000 Vacation allowance shall not be accumulated in excess of three hundred twenty forty two (320 342) hours. b. Conversion Factor - The conversion factor for vacation usage for twenty- four (24) hour shift personnel shall be .7143. c. Eligibility and Permission — No vacation may be taken until the completion of six (6) months of employment. No employee shall be permitted to take a vacation in excess of actual time earned and 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 S) four (4) available vacation absences (referred to as "vacation slots"). That is, at any one time, there may be eight (8) four (4) persons absent from duty on each such shift due to vacation. These slots shall be made available by rank, two (2) one (1) to Firefighters, twe (2) one (1) to Fire Engineers, +w2, one (1) to Firefighter Paramedics and two (2) 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. 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 of earned vacation benefits shall be so converted 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 on the first payday following such accumulation. e. 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: 0035860.01 -27- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 4993 2000 a. Accrual — 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. The conversion factor for sick leave usage for twenty-four (24) hour shift personnel shall be .7143. b. Pay -Off at Termination — Upon termination for reasons other than for industrial disability retirement, employees shall be paid (or have paid on their behalf as provided in Article IX.A.3.b) at their current 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, employees shall be paid (or have paid on their behalf as provided in Article IX.A.3.b) at their current salary rate for twenty-five percent (25%) of unused, earned sick leave from zero (0) through four hundred -eighty (480) hours, and for fifty percent (50%) of all unused, earned sick leave in excess of four hundred -eighty (480) 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, 0035860.01 -28- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 stepmother, stepgrandfather, stepgrandmother, 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) thFee hundred seventy-five (3715�—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. 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 provisions of Policy D-10, dated June 20, 1994), of the Huntington Beach Fire Department Organization Manual. Policy D-10 may be modified by mutual agreement of the parties at any time during the term of this MOU. 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. 0035860.01 -29- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 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 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. Adopted Documents — The following documents are adopted and incorporated herein by reference: 1. Plan Document (HealthNet) 2 Plan Document PacifiCare) 3. Plan Document (Employee Health Plan) 0035860.01 -30- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 4. Plan Policy #4002 (Delta Care) 5. Plan Policy#4729 (Delta Dental) 6. Vision Care Plan 7. Bankers Life and Casualty Company — Policy #SR83,556-50 8. Standard Insurance Policy #332175-F 9. Retiree Medical Plan 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, 1990 1997, and ending at midnight on September 30, 1993 2000. 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. 0035860.01 -31- 10/07/99 9:04 AM FIRE MOU October 1, 1990 1997 through September 30, 1993 2000 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 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 , 1992 1999. CITY OF HUNTINGTON BEACH A Municipal Corporation HUNTINGTON BEACH FIREFIGHTERS° ASSN. By: By: Ray Silver President City Administrator By: By: John P. Reekstin Negotiating Team Member Director of Administrative Services By: By: William H. Osness Negotiating Team Member Personnel Director By: By: Daniel Cassidy Negotiating Team Member Chief Negotiator By: Negotiating Team Member APPROVED AS TO FORM By: By: Gail Hutton Stephen H. Silver City Attorney Fire Association Attorney 0035860.01 -32- 10/07/99 9:04 AM EXHIBIT A CITY OF HUNTINGTON BEACH EMPLOYER -EMPLOYEE RELATIONS RESOLUTION 7.3 Personnel Director Motion of Unit Modification — The Personnel Director may propose, during the same period for filing a Petition for Decertification, that an established unit be modified in accordance with the following procedure: a. The Personnel Director shall give written notice of the proposed unit modification to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Personnel Director's rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for Appropriateness of Units. Additionally, the Personnel Director shall provide all affected employee organizations with all correspondence, memoranda, and other documents which relate to any input regarding the unit modification which may have been received by the City or from affected employees and/or sent by the City to affected employees, b. Following receipt of the Personnel Director's proposal for unit modification, any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the motion for unit modification to the Personnel Commission; C. The Personnel Commission shall conduct a noticed Public Hearing regarding the motion for unit modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed unit modification which determination may include a granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of bargaining units. Following the Personnel Commission's determination of the composition of the appropriate unit or units, it shall give written notice of such determination to all affected employee organizations; d. Any party who chooses to appeal from the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. 0035860.01 -33- 10/07/99 9:04 AM 11 1/ .1 .' 1/ / •11 •1/ .' •1 11 .' .11 1 11 .1 •. •11 1/ .' '1 '/ .1 11 .' 11 11 .' 11 ► .1 •11 ., 1 1 •II 11 •O •11 1/ •O .' 1 1 1 11 1 1 11 1 V 1 .' ♦ .' . � 11 . • 11 .' 11 .11 .1 1 •1/ •O •11 .' .' .' .' 1 0 1 u Ir 0 1 1 1 1 0 r /r 0 r 1 1 0 1 Ir 0 0 u 0 r I .1 1 .1 p .1 ♦ .1 .1 •11 .1 .1 1 .1 11 11 .' 1 11 1 / .1 1 . •11 1 . 1 1 ♦ � .' 11 •11 O 1/ ' '1 '1 1 � •O .r 1/ 1 / 11 •11 •11 0 u 0 0 u 1 0 o 1 1 u I 0 o r u 1 r 1 .r 1 0 o u 0 o 1 .1 1 .1 p .1 .1 •11 .1 .1 1 ./ O O cn co LO M O O EXHIBIT B CITY OF HUNTINGTON BEACH FIRE ASSOCIATION SALARY SCHEDULE — CONTINUED Effective Deer 4—,1 992 October 1, 1997 Job Code Classification Range A B C D E 6432 Fire Controller NE 398 2753 2903 3063 3231 3409 6434 Fire Controller Leadworker NE 425 3149 3323 3505 3697 3900 4432 Firefighter NE 418 3042 3208 3385 3571 3767 2460 Supervising Fire Controller EX 473 3999 4219 4451 4696 4954 3430 Fire Engineer NE 441 3411 3598 3796 4004 4224 3434 Fire Engineer Paramedic* NE 461 3767 3973 4191 4422 4664 4428 Firefighter Paramedic NE 449 3546 3742 3949 4165 4394 4430 Fire Protection Specialist* EX 449 3546 3742 3949 4165 4394 1480 Fire Captain EX 473 3999 4219 4451 4696 4954 1483 Fire Captain Paramedic* EX 495 4463 4709 4968 5242 5529 1430 Deputy Fire Marshal* EX 495 4463 4709 4968 5242 5529 Effective September 5, 1998 Job Code Classification Range A B C D E 4432 Firefighter NE 426 3163 3336 3520 3714 3919 3430 Fire Engineer NE 457 3692 3894 4109 4335 4574 3434 Fire Engineer Paramedic* NE 469 3922 4137 4364 4603 4856 4428 Firefighter Paramedic NE 457 3692 3894 4109 4335 4574 4430 Fire Protection Specialist* EX 466 3861 4075 4298 4534 4784 1480 Fire Captain EX 481 4163 1 4392 4633 4888 5156 1483 Fire Captain Paramedic* EX 503 4645 4900 5168 5453 5752 1430 Deputy Fire Marshal* EX 503 4645 4900 5168 5453 5752 0035860.01 -35- 10/07/99 9:04 AM EXHIBIT B CITY OF HUNTINGTON BEACH FIRE ASSOCIATION SALARY SCHEDULE — CONTINUED Effective January 8, 2000 Job Code Classification Range A B C D E 4432 Firefighter NE 434 3359 3544 3738 3945 4161 3430 Fire Engineer NE 465 3841 4052 4276 4511 4759 3434 Fire Engineer Paramedic* NE 477 4078 4302 4539 4789 5052 4428 Firefighter Paramedic NE 465 3841 4052 4276 4511 4759 4430 Fire Protection Specialist* EX 474 4017 4238 4472 4718 4978 1480 Fire Captain EX 489 4331 4569 4820 5085 5364 1483 Fire Captain Paramedic* EX 511 4834 5099 5380 5676 5988 1430 Deputy Fire Marshal* EX 511 4834 5099 5380 5676 5988 0035860.01 -36- 10/07/99 9:04 AM EXHIBIT C 0mr III - - - - III - - - - - - ... IT -as A- MA Moll., S - - - - - - I - 0035860.01 -37- 10/07/99 9:04 AM 3 w 90 0035860.01 -39- 10/07/99 9:04 AM 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 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 applied toward the City medical plan as 0035860.01 -40- 10/07/99 9:04 AM EXHIBIT C 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 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: 0035860.01 -41- 10/07/99 9:04 AM EXHIBIT C Maximum Monthly Payment for Retirements After: Years of Service 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 $ 121 136 151 166 181 196 211 226 241 256 271 286 300 315 330 344 Note: The above payment amounts may be reduced each month as dependent eligibility ceases due to death, divorce, or loss of dependent child status. However, the amount shall not be reduced if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. 0035860.01 -42- 10/07/99 9:04 AM EXHIBIT C INDEMNITY HEALTH PLAN, EMPLOYEES/RETIREES Benefitsl City Plan - Employees City Plan - Subsidized Non -Subsidized Retirees Retirees COBRA -eligibles Deductible per person $150 $200 Deductible per family $450 $500 Maximum Out of Pocket $1000 per person $1500 per person $2000 per family $3000 per family Note: Retirees who elect to participate in HealthNet or Family Health Plan (FHP) shall be entitled to benefits of the program chosen. This summary lists only those benefit provisions that differ between active and subsidized Retiree Plans. The Employee Health Plan Document should be consulted for detailed questions about specific benefits. Benefits are subject to modification through the meet and confer process. 0035860.01 -43- 10/07/99 9:04 AM EXHIBIT C RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS A. Eligibility: 1. The effective start-up date of the Retiree Subsidy Medical Plan for the various employee groups shall be the first of the month following retirement date. 2. A retiree may change plans, add dependents, etc., during annual open enrollment. 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. 0035860.01 -44- 10/07/99 9:04 AM 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. c. Family Health Plan /CHID\ PacifiCare. 0035860.01 -45- 10/07/99 9:04 AM 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 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: 0035860.01 -46- 10/07/99 9:04 AM EXHIBIT C 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. 0035860.01 -47- 10/07/99 9:04 AM EXHIBIT D CITY OF HUNTINGTON BEACH PESONNEL RULE CHANGES Rule 5-14, Promotional Examinations — Promotional examinations may be conducted whenever, in the opinion of the Personnel Director, 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. Rule 5-20, Duration of Employment Lists — Employment lists shall remain in effect for one (1) year from the date of the last examination, unless sooner exhausted. Promotional lists and entry level employment lists may be extended prior to expiration date by the Personnel Director when requested by the Department Head for additional periods, but in no event shall an employment list remain in effect for more than two (2) years. Names placed on such lists shall be merged with others already on the list in order of scores. Amend Personnel Rule 8-3, Layoffs — 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 in the same department are first laid off. Rule 8-11, Re-employment — With the approval of the Personnel Director, 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 of 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. Rule 18-19, Maternity Leave — The City and Association agree to modify the present rule 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 Personnel Director." Delete. "Female" — Six months. 0035860.01 -48- 10/07/99 9:04 AM EXHIBIT D CITY OF HUNTINGTON BEACH PERSONNEL RULE CHANGES -- CONTINUED Amend Personnel Rule 18-20 to include Medical Leave of Absence — The City and the Association agree that 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. Rule 19-5, Step 4 — City Administrator — If the grievance is not settled under Step 3, the grievance may be presented to the City Administrator in accordance with the following procedure: Within fifteen (15) days after the time the decision is rendered under Step 3 above, a written statement of the grievance shall be filed with the Personnel Director who shall act as hearing officer and shall set the matter for hearing within fifteen (15) days thereafter and shall cause notice to be served upon all interested parties. The Personnel Director, or his representative, shall hear the matter de novo and shall make recommended findings, conclusions, and decisions in the form of a written report and recommendation to the City Administrator within five (5) days following such hearing. The City Administrator may, at his discretion, receive additional evidence or argument by setting the matter for hearing within ten (10) days following his receipt of such report and causing notice of such hearing to be served upon all interested parties. Within five (5) days after receipt of report, or the hearing provided for above, if such hearing is set by the City Administrator, the City Administrator shall make written decision and cause such to be served upon the employee or employee organization and the Personnel Director. Rule 19-5(b) — Hearing — As soon as practicable thereafter, the Personnel Director shall set the matter for hearing before a hearing officer either selected by mutual consent of the parties or from a list provided by the Personnel Commission. Ratification of the hearing officer selected by mutual consent of the parties, if from a list approved by the Personnel Commission, shall not require separate approval or ratification by the Personnel Commission. The hearing officer shall hear the case and make recommended findings, conclusions, and decision in the form of a written report and recommendation to the Personnel Commission. In lieu of the hearing officer process, the Personnel Commission may agree to hear a case directly upon submission of the case by mutual consent of the parties. Rule 21-7 — Hearing Officers — The hearing officer provided for in Rules 19 and 20 shall be from a list provided by the Personnel Commission or one selected by mutual consent of the parties. Rule 21-13 — Extension of Time for Processing Grievances — 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. 0035860.01 -49- 10/07/99 9:04 AM EXHIBIT E CITY OF HUNTINGTON BEACH TILLER CERTIFICATION Following is the method of application regarding Tiller Certification, Article V, Section E-3 of the Huntington 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. 0035860.01 -50- 10/07/99 9:04 AM Resolution Number 6406 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 20'' day of July , 4-9K, by the following vote: AYES: Council Members: NOES: Council Member: Greer ABSENT Council Member: City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 0035860.01 -51- 10/07/99 9:04 AM RCA ROUTING SHEET INITIATING DEPARTMENT: ADMINISTRATIVE SERVICES SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION COUNCIL MEETING DATE: October 18, 1999 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 Attorney) Attached 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 EXPLANATION ®OI_ RCA Author: William Osness