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HomeMy WebLinkAboutHBFA - Firefighters Association - 2008-02-19/ , rfe?4"-,. �' F Council/Agency Meeting Held: Deferred/Continued to: MIA. Council Meeting Date: 01�7aif _ :J August 15, 2011 Department ID Number: HR 11-011 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Michele Carr, Director of Human Resources SUBJECT: Adopt Resolution No. 2011-59 extending and modifying the current Huntington Beach Firefighters' Association (HBFA) Memorandum of Understanding (MOU) by adopting the Side Letter Agreement Statement of Issue: City and HBFA representatives have met and conferred regarding extending and modifying the current Memorandum of Understanding. Financial Impact: Finance has estimated the annualized savings to the City of the additional CalPERS pick-up to be approximately $619,000. The savings over the two-year term of the side -letter extension is approximately $1.23 Million. Recommended Action: Motion to: A) Authorize the City Manager to sign the Side Letter Agreement; and, B) Adopt Resolution No. 2011-59, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Huntington Beach Firefighters' Association (HBFA), By Adopting the Side Letter Agreement." Alternative Action(s) : Do not Adopt Resolution No. 2011-59, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Huntington Beach Firefighters' Association (HBFA)" Item 21. - 1 HB -352- REQUEST FOR COUNCIL ACTION MEETING DATE: 8/15/2011 DEPARTMENT ID NUMBER: HR 11-011 Analysis: Staff met with representatives of HBFA to discuss alternatives to assist the City of Huntington Beach in meeting its future projected economic shortfalls. The City and HBFA have agreed to extend the present MOU and with the following modifications, as summarized herein: ■ MOU term of agreement is hereby extended through September 30, 2013. • Effective October 1, 2011, HBFA to pay an increased share of the employee -paid contribution to CalPERS of 6.75%. ® HBFA commits to implementation of a second tier retirement formula (3% at 55) for new hires if all of the other safety units agree. • Minimum staffing per -classification and per -shift in addition to the D-14 minimum staffing provisions. This equates to four (4) staff per apparatus and 40 staff per shift. The concessions regarding the CalPERS pick up and the per -classification and per -shift minimum staffing will sunset at the expiration of the side -letter extension period (September 30, 2013). Finance has estimated the annualized savings to the City of the additional CalPERS pick-up to be approximately $619,000. Savings over the two-year term of the side - letter extension is approximately $1.23 Million. Labor representatives and City Administration have met and conferred regarding the proposal. HBFA has agreed to the proposal (side -letter agreement is hereby incorporated as an attachment). Environmental Status: N/A Strategic Plan Goal: Maintain financial viability and our reserves Attachment(s): 1 1. Resolution 2011- 59 Amending the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Firefighters' Association (HBFA) by adopting the side letter of agreement, including Exhibit A: The Side Letter Agreement. xB -353- Item 21. - 2 ATTACHMENT'#1 Item 21. - 3 HB -354- RESOLUTION NO. 2011-59 WHEREAS, on February 19, 2008, the City Council of Huntington Beach adopted Resolution No. 2008-13 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach Firefighters' Association (HBFA); Subsequent to the adoption of the MOU, the City of Huntington Beach and HBFA agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter -of Agreement between the City of Huntington Beach and HBFA ("Side Letter of Agreement') attached hereto as Exhibit A and incorporated herein by this reference. (Side Letter Agreement regarding CalPERS pick-up, minimum staffing, and two-tier retirement.) NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. Section 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and HBFA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15 th day of August , . 2011 0 /Mfry or APPROVED: APPROVED AS TO Attorney /CIE City of Huntington Beach SIDE LETTER AGREEMENT Representatives of the Huntington Beach Fire Association ("HBFA") and the City of Huntington Beach ("City") hereby agree to the following terms related to the HBFA MOU with respect to the following: ARTICLE IV — SALARY SCHEDULES For each year of this agreement, the base salary of each classification represented by the Association shall be as set forth in the Salary Schedules, Exhibit B. A. Wage Increases: 6. Effective the beginning of the pay period that includes March 22, 2010, all bargaining unit employees shall receive a two percent (2%) wage increase. i. This scheduled wage increase is to be delayed until the beginning of the pay period that includes September 22, 2011. ii. The current pay raises entitled employees under the existing MOU to take effect March 19, 2011 and in September 2011 will be provided by the City but will be offset by employees simultaneously paying additional retirement contributions equal 2.5% of pensionable compensation and an additional 2% of pensionable compensation in September 2011, thus, effective October 1, 2011, bringing the total member contribution to 6.75% of pensionable compensation. ARTICLE VII — HOURS OF WORK/OVERTIME H. Minimum Staffing and Filling Vacancies: Minimum Staffing Levels — The City shall cause apparatus to be staffed with sufficient employees to assure the safety of employees and the control of risk. For these purposes, the minimum staffing of apparatus shall be as defined by Policy D- 14, Minimum Staffing and Filling of Vacancies, a copy of which is attached as Exhibit H and incorporated by reference herein: a. The minimum staffing provisions incorporated into the MOU that are in existence at the time of the execution of this Side Letter shall remain in full force and effect throughout the duration of the MOU, as extended by this Side Letter and any option exercised by the Association in accordance with this Side Letter. A copy of Policy D-14 which sets forth those minimum staffing provisions that are incorporated in the MOU is attached hereto as Exhibit "A" and incorporated by reference as though set forth in full. In addition, those existing minimum staffing provisions will be expanded to identify minimum staffing obligations on a per -classification and per -shift basis, in addition to the current per -apparatus basis as follows: On each shift, there will be on duty at all times a minimum number of 4 firefighters, 16 fire paramedics, 10 fire engineers, and 10 fire captains. Page 1 of 3 ARTICLE IX — RETIREMENT A. Benefits: Public Employees' Retirement System: f. If all of the other safety units agree, the Association commits to implementation of a second tier retirement formula (3% at 55) for new hires. ARTICLE XIV — TERM OF MOU This Memorandum of Understanding shall be in effect commencing on September 25, 2007and ending at midnight on June 24, 2011. 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. A) This article is hereby amended to extend the term of the MOU so that the MOU, as amended herein, shall expire June 24, 2012 instead of June 24, 2011. B) In addition, the Association shall have the exclusive option to extend the MOU, without any change in its terms and conditions, an additional twelve (12) months through and including June 24, 2013. C) This article is hereby amended to extend the term of the MOU so that the MOU, as amended herein, shall expire September 30, 2013. SUNSET CLAUSE The obligation to pay additional retirement contributions and the added per -classification and per -shift minimum staffing requirements described above will expire (i.e. Sunset) September 30, 2013. Side -Letter Implementation Except as modified above, all remaining terms and conditions set forth in the existing MOU, and all wages, hours and other terms and conditions of employment described therein and presently enjoyed by represented employees shall remain in full force and effect throughout the remainder of the term of the MOU as extended. The modified provisions contained in this side letter are effective following approval by the City of Huntington Beach City Council and will remain in full force unless otherwise specifically modified, either by subsequent side -letter or a successor memorandum of understanding. The parties agree that this side -letter agreement and the implementation thereof will not be subject to Personnel Rule 19 — Grievance Procedure/Non-Disciplinary Matters, or otherwise appealed either administratively or in a court of competent jurisdiction. Page 2 of 3 IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to be executed by and through their authorized officers on Huntington Beach Fire Association Darrin Witt President Dated: S �/ Dated: b I ` ' 1 City of Huntington Beach Dated: 9jr ctor of Hum n R;ources Dated: ; , APPROVED AS TO FORM: 4nLnife4re�M5�G—rath y Attorney Dated: Z - l 6 - i, Page 3 of 3 ,E x1116.T Organization Personnel Manual Huntington Beach Fire Department. Applicable (✓) to the following personnel: ✓ Fire Administration ✓ Fire Prevention ✓ Chief Officer INTENT ✓ Fire Suppression Fire Captain Firefighter Paramedic Fire Engineer Firefighter To establish and maintain the minimum staffing levels for the Huntington Beach Fire Department DEFINITIONS 1. Apparatus - Any vehicle utilized to respond to fires, other emergencies or work assignments that requires a California Class A, Class B, or Class B firefighter restrictive driver's license. • Fire Engine - An .apparatus with fire pump, fire hose, water tank, ground ladders, necessary firefighting equipment, and may include a "telesquirt" type ladder, but specifically excluding aerial ladder or platform capabilities. • Fire Truck - An apparatus that has mounted on the chassis, an aerial ladder or aerial platform; "TRUCK COMPANY" equipment, and may include a fire pump, fire hose, and water tank. • Hazardous Materials (HAZMAT) Unit - An apparatus that has tools and equipment used in the mitigation of Hazardous Materials incidents. • Paramedic Engine or Paramedic Assessment Engine - A fire engine that carries Advanced Life Support equipment. • Paramedic Unit - Any Fire Department vehicle, other than a fire engine or fire truck, that carries Advanced Life Support equipment. • Special Purpose Apparatus - Apparatus (as described in No. 1 above), not otherwise defined in this policy and utilized for response to alarms. 2. Fire Company A firefighting force commanded by a single Fire Captain (or a person assigned/qualified as such). JUNE 2004 — REPLACES DECEMBER 1995 PAGE 1 OF 5 P:1MOU's\Current HBFA 2007-2011\D-14 Minimum Staffing Filling Vacancies.doc Item 21. - 9 HB -360- ORGANIZATION MANUAL — PERSONNEL POLICY D-14 Minimum Staffing and Filling Vacancie's 3. In -Service - Personnel, apparatus, and/or equipment that are available for dispatch to an alarm or actively involved in an alarm. 4. Qualified Personnel - Any Huntington Beach Fire Department employee meeting the minimum qualifications for the position as detailed in Policy D-10 who is operating/ functioning with the approval of the on -duty Battalion Chief. POLICY The Duty Battalion Chief shall be responsible to ensure that each fire station and each apparatus are fully staffed according to this policy. A. MINIMUM STAFFING The City of Huntington Beach (City) shall cause apparatus to be staffed with sufficient personnel to ensure the safety of employees and the control of risk. For these purposes, the minimum staffing shall be as follows: Each Fire Company shall be staffed with a minimum of three (3) personnel and may be assigned various firefighting or other emergency related activities, as well as routine duties. Fire Companies are generally assigned as engine companies or truck. companies when they operate with a fire engine or fire truck apparatus. They may, however, operate without apparatus or with more than one (1) vehicle or apparatus. When operating with more than one (1) vehicle or apparatus, the minimum staffing requirements of this section shall be required when the vehicle is operated on an incident scene. Apparatus responding Code 3 shall be staffed with a minimum of two (2) persons. 2. Each in-service engine company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer, and one (1) Firefighter. Any member may be a Paramedic. a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are available, that Fire Company may continue to respond to augment single engine alarms. A second fully staffed engine shall be dispatched. 3. Each in-service truck company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer and two (2) Firefighters. Any member may be a Paramedic. a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are available, that Fire Company may continue to respond to augment single engine alarms. A second fully staffed engine shall be dispatched. JUNE 2004 — REPLACES DECEMBER 1995 PAGE 2 OF 5 PWOU's\Current HBFA2007-20110-14 Minimum Staffing Filling Vacancies.doc xB -361- Item 21. - 10 ORGANIZATION MANUAL — PERSONNEL POLICY D-14 Minimum Staffing an,0 Filling Vacafties 4. Each in-service paramedic unit shall be staffed with no less than two (2) certified Paramedics. 5. Each in-service paramedic engine company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer, and two (2) Firefighters. Two (2) of the members must be certified Paramedics. a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are available, that Fire Company may continue to respond to augment single engine alarms. A second fully staffed engine shall be dispatched. 6. Each in-service paramedic assessment engine company shall be staffed with no less than one (1) Fire Captain, one (1) Fire Engineer, and one (1) Firefighter. One (1) of the members must be a certified Paramedic. a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are available, that Fire Company may continue to respond to augment single engine alarms. A second fully staffed engine shall be dispatched. 7. Each in=service hazardous materials apparatus shall be staffed with a fire company of which the regularly assigned personnel shall be specially trained in hazardous materials incident practices and procedures. One or more of the personnel staffing the hazardous materials apparatus may be assigned as technical advisors to an emergency's Incident Commander. When this occurs, the remaining personnel may be reassigned to other companies involved in the incident or other Hazardous Materials Joint Powers Authority providers. 8. Special purpose apparatus shall be staffed with no less than one (1) person (Fire Engineer or Firefighter assigned/qualified as such) when responding Code 2, and with no less than two (2) personnel (one of whom must be a Fire Engineer or a Firefighter assigned/qualified as a Fire Engineer) when responding Code 3 to alarms. . 9. Fire apparatus not considered to be in service shall not be required to have personnel' assigned to them for the purposes of this Article. 10. The minimum staffing as set forth in this Article shall be specifically and exclusively from public safety employees of the Huntington Beach Fire Department for all routine activities and normal shift duties. Reserve Firefighters shall not be used to meet minimum staffing levels. a. No employee shall be assigned to more than one (1) fire -company at the same time for all routine activities and normal shift duties. b. Routine activities and normal shift duties shall include those emergencies that would normally be handled by the on -duty suppression force. JUNE 2004 — REPLACES DECEMBER1995 PAGE 3 OF 5 P:1MOU's\Current HBFA 2007-20111D-14 Minimum Staffing Filling Vacancies.doc Item 21. - 11 HB -362- ORGANVATION MANUAL - PERSONNEL POLICY D-14 B. FILLING VACANCIES Employees acting in a higher classification, when properly qualified, shall be considered equivalent to the required classification. a. Employees acting in a higher classification shall be paid acting pay for all time worked in the higher class when the time cumulatively exceeds two (2) hours within one (1) 24-hour shift. Acting pay will be calculated based on the step range of the higher classification, which provides at least a five percent range differential. For example, a Firefighter at E step who is qualified. and acts as an Engineer will be compensated at the hourly rate of a D step Engineer, which is equal to or greater than a five percent differential. 2. Any employee assigned to serve in the capacity of Battalion Chiefs Aide shall not be utilized .to satisfy any of the minimum staffing requirements except as set forth in this Article. The BC's Aide may be utilized to fill a position for which he/she is qualified to serve in cases of temporary fill-in of four (4) hours or less. 3. Either one (1) Firefighter or one (1) Firefighter Paramedic assigned to a truck company may be utilized for special assignments for a' period not to exceed four (4) hours. 4. REPLACEMENT CALLBACK. When a vacancy exists on any apparatus, the Department will be obligated to meet minimum staffing obligations of this Article by use of off -duty personnel on an overtime basis. In the event an apparatus is placed out of service, those persons previously assigned thereto may be utilized to fill any vacancy prior to the use of off -duty personnel on an overtime basis. 5. When a vacancy exists on any apparatus, the vacancy shall be filled rank for rank based upon the provisions of the Fire Department's Policy D-3 (Callback Staffing System). C. NEW EQUIPMENT If the City makes a managerial decision to change staffing levels provided for in the MOU, or to utilize any new apparatus over and above that presently in use, the City and the Association shall Meet and Confer in good faith prior to such action being implemented. 2. The Meet and Confer process/obligation shall apply to any managerial decision to eliminate any paramedic unit(s) / van(s). JUNE 2004 — REPLACES DECEMBER 1995 PAGE 4 OF 5 P:\MOU's\Current HBFA 2007=2011\D-14 Minimum. Staffing Filling Vacancies.doc HB -363- Item 21. - 12 ORGANIZATION MANUAL - PERSONNEL D. CHANGES IN STAFFING POLICY D-14 1. If either party requests a Meet and Confer, as indicated in New Equipment and Changes in Staffing sections above, the parties shallcomplete the process (including any impasse procedure) within 60 days, unless otherwise extended by mutual.agreement. APPROVED: Original Signed D.uane.S. Olson, Fire Chief JUNE 2004— REPLACES DECEMBER 1995 P:\MOU's\Current HBFA 2007-2011\D-14 Minimum Staffing Filling Vacancies.doc DATE: 6-1-2004 PAGE 5 OF 5 Item 21. - 13 HB -364- Res. No. 2011-59 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on August 15, 2011 by the following vote: AYES: Shaw, Carchio, Bohr, Dwyer, Boardman NOES: Harper, Hansen ABSENT: None ABSTAIN: None My Clerk and ex-offici lerk of the City Council of the City of Huntington Beach, California Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreachcom] Sent: Monday, August 15, 2011 8:42 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 9028 from'the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on an Agenda Item Citizen name: Daralie Hamilton Description: Don't give the Firefighter Union a "Minimum Staffing" provision by shift. That agreement would all but lock in high overtime levels while at the same time granting immunity to this union to any staffing level adjustments. Don't lock us in - keep our options open to balance our budget. You are supposed to be working for us the citizens of Huntington Beach, not the Unions. Prove it!! Expected Close Date: 08/16/2011 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. SUPPLEMENTAL COMMUNICATION MMing Date: 8 /.5--o AQ4nd8 Item No. 4 / /j1, 64/bot,, �7 b . to, 77, Council/Agency Meeting Held: % L �Z-O Deferred/Continued to: Approve ® Conditionally Approved ® Denied CI r Signa e Council Meeting Date: March 21, 2011 Department ID Number: FIR 11-003 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL, ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Michele Carr, Director of Human Resources SUBJECT: Adopt Resolution No. 2011-21 approving a Side -Letter Agreement to modify the Memorandum of Understanding (MOU) between the City of Huntington Beach and the Huntington Beach Firefighters' Association (HBFA) regarding wage implementation deferral �Eem:e:n:tof Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: City and Huntington Beach Firefighters' Association (HBFA) representatives have met and conferred regarding modifying the Memorandum of Understanding. Funding Source: N/A Recommended Action: Motion to: Adopt Resolution No. 2011-21, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Huntington Beach Firefighters' Association (HBFA), By Adopting the Side Letter Agreement." Alternative Action(s): Do not Adopt Resolution No. 2011-21, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Huntington Beach Firefighters' Association (HBFA) By Adopting the Side Letter Agreement." REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 3/21/2011 DEPARTMENT ID NUMBER: HR'11-003 Analysis: Staff met with representatives of the Huntington Beach Firefighters' Association (HBFA) to discuss alternatives to assisting the City of Huntington Beach in meeting its future projected economic shortfalls. HBFA_ was provided with a variety of labor cost and expense data related to its membership. HBFA wasv requested ao meet with the _C_ity_and examine the data.! As a result of the discussions and exchange of data, the City and HBFA have agreed to make the modifications thereto as summarized herein: ® The scheduled wage increase effective March 21, 2011 is to be delayed until the parties can agree to side -letter language regarding concessions, or until May 1, 2011 — whichever is earlier. In the event the parties are unable to reach agreement regarding the side -letter language with respect to concessions by May 1, 2011, the March 21, 2011, deferred wage increase shall be applied retroactive to the beginning of the pay period of the original effective date (03/19/11). The Association and City Administration will work cooperatively to discuss future options and the potential impacts thereof, as circumstances arise which require further cost -containment considerations. Discussions will continue towards the construction of side -letter language agreeable to the parties. Labor representatives and City Administration have met and conferred regarding the proposal; HBFA has agreed to the proposal (side -fetter agreement will be distributed as a "communication received after the distribution of the agenda" as the signatures will not be obtained until after the agenda deadline). Strategic Plan Goal: Maintain financial viability and reserves. Maintain public safety. Environmental Status: N/A Attachrnent(s): 1 1. 1Resolution 2011- Amending the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Firefighters' Association (HBFA) by ador)tina the side letter of aareement 3/21/2011 11:18 AM 2 ATTACHMENT #1 RESOLUTION NO. 2011-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (HBFA), BY ADOPTING THE SIDE LETTER OF AGREEMENT WHEREAS, on February 19, 2008, the City Council of Huntington Beach adopted Resolution No. 2008-13 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach Firefighters' Association (HBFA); and Subsequent to the adoption of the MOU, the City of Huntington Beach and HBFA agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and HBFA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. (Side Letter Agreement regarding wage increase deferral.) NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and HBFA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 st day of March , 2011. Human Resources APPROVED AS TO FORM: t/ 'n ",'�Y=dty Attorney 60937 Exhibit "A" - Resolution No. 2011-21 City of Huntington Beach SIDE LETTER AGREEMENT Representatives of the Huntington Beach Firefighters' Association ("HBFA") and the City of Huntington Beach ("City") hereby agree as follows: This Side Letter Agreement is entered into with reference to the following facts. A. Article IV A, paragraph 6 of the current Memorandum of Understanding (MOU) between HBFA and the City provides that: "Effective the beginning of the pay period that includes March 21, 2011, all bargaining unit employees shall receive a two and one half percent (2.5%) wage increase." B. The parties desire to explore amending the MOU under circumstances where there is a possibility that this obligation may be altered. WHEREFORE, THE PARTIES AGREE AS FOLLOWS: I. The pay increase scheduled to take effect at the beginning of the pay period including March 21, 2011, as described above, shall be held in abeyance while the parties are engaging in discussions to explore the possibility of amending the MOU provided that, unless the parties reach agreement on a MOU amendment on or before May 1, 2011 that provides otherwise, the above pay raise shall be implemented retroactive to the beginning of the pay period including March 21, 2011. II. Except as modified above, all remaining terms and conditions set forth in the existing MOU, and all wages, hours and other terms and conditions of employment described therein and presently enjoyed by represented employees shall remain in full force and effect throughout the remainder of the term of the MOU as extended. III. The modified provisions contained in this side letter are effective following approval by the City of Huntington Beach City Council and will remain in full force unless otherwise specifically modified, either by subsequent side -letter or a successor memorandum of understanding. Exhibit "A - Resolution No. 2011-21 IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to be executed by and through their authorized officers on Huntington Beach [Firefighters' Association Darrin Witt President Dated: 3,Z1j11 City of Huntington Beach qe-41 Dated: e --f _---I KSKele Carr -" /p*ector of Human Resources Dated: ff l 'L ROVED AS TO FORM° Jennifer f4. McGrath City Attorney Dated: ' 17"%] Res. No. 2011-21 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on March 21, 2011 by the following vote: AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, Boardman NOES: None ABSENT: None ABSTAIN: None CilUClerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California TO: N 22 Interdepartmental Memo Joan Flynn, Pity Cie Michele Canes, March 21, 20 W SUBJECT: Late Combxunication: Replacement RCA for the Huntington Beach- Firefighters' Association (HBFA) and submittal of side letter agreement. The Human Resources Department submitted RCA HR 11-003 for Council Action. After the documents were submitted; language was added to the RCA analysis. Additionally, the side -letter- agreement is attached as a late communication as the signatures were obtained after the agenda deadline. Please replace the following pages with the. attached corrected version. Thank you in advance for your help. Attachments: RCA — Pages 1 & 2 HBFA Side Letter of Agreement Late Comm Memo - HBFA RCA & Side Letter 3-21-11 -1- 3/21/2011 11:17:00 AM CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTB,ON SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Michele Carr, Director of Human Resources SUBJECT: Adopt Resolution No. 2011,'21 approving a Side Letter Agreement to of Understanding (MOU) between the City of modify the Memorandu� Huntington Beach andAhe Huntington Beach Firefighters' Association (HBFA) regarding wage implementation deferral Statement of Issue: City and H, representatives have met and ��cl Understanding. Financial Impact: N/A Recommended Action: Motion to: ntington Beach Firefighters' Association (HBFA) , nferred regarding modifying the Memorandum of Adopt Resolution No/2011-21, "A Resolution of the City Council of the City of Huntington Beach Amending tlye Memorandum of Understanding Between the City and the Huntington Beach Firefighter ' Association (HBFA), By Adopting the Side Letter Agreement." Alternative Ai Do not Adopt Resolution No. 2011-21,"A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Huntington Beach Firefighters' Association (HBFA) By Adopting the Side Letter Agreement." Item 10. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 3/21/2011 DEPARTMENT ID NUMBER: HR 11-003 Analysis: Staff met with representatives of the Huntington Beach Firefighters' Association (HBFA) to discuss alternatives to assisting the City of Huntington Beach in meeting its future projected economic shortfalls. HBFA was provided with a variety of labor cost and expense data related to its membership. As a result of the discussions and exchange of data, the City and HBFA have agreed to make the modifications thereto as summarized herein: • The scheduled wage increase effective March 21, 2011, is to be delayed until the parties can agree to side -letter language regarding concessions, or until May 1, 2011, — whichever is earlier. • In the event the parties are unable to reach agreement regarding the side -letter language with respect to concessions by May 1, 2011, the March 21, 2011, deferred wage increase shall be applied retroactive to the beginning of the pay period of the original effective date (03/19/11). The Association and City Administration will work cooperatively to discuss future options and the potential impacts thereof, as circumstances arise which require further cost -containment considerations. Discussions will continue towards the construction of side -letter language agreeable to the parties. Labor representatives and City Administration have met and conferred regarding the proposal; HBFA has agreed to the proposal (side -letter agreement will be distributed as a "communication received after the distribution of the agenda" as the signatures will not be obtained until after the agenda deadline). Environmental Status: N/A Strategic Plan Goal: Maintain financial viability and our reserves Attachment(s): 1 Resolution 20.11= .21 Amending the Memorandum of Understanding between the City.; of Huntington. Beach, and the Huntington Beach Firefighters' Association (HBFA) by adopting the side letter of agreement Item 10. - 2 HB -134- A Council/Agency Meeting Held: Deferred/Continued to: ' 16pproved. , _❑ Coodilionally f Council Meeting Date: 03-01-10 I Department ID Number: 10-09 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City SUBMITTED BY: Fred A. Wilson, City PREPARED BY: Michele Carr, Dif SUBJECT: HBFA Side-Lette Statement of Issue, Funding Source, embers r ment Extending and Modifying the MOU Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: City and Huntington Beach Fire Association (HBFA) representatives have met and conferred regarding extending and modifying the Memorandum of Understanding. Funding Source: N/A Recommended Action: Motion to: Adopting Resolution No. 2010- 23 , a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Huntington Beach Fire Association (HBFA), By Adopting the Side Letter Agreement Alternative Action(s): Do not Adopt Resolution No. 2010- 23 , a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Huntington Beach Fire Association (HBFA). -0/�e'-� REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 03-01-10 DEPARTMENT ID NUMBER: 10-09 Analysis: Staff met with representatives of the Huntington Beach Fire Association (HBFA) to discuss alternatives to assisting the City of Huntington Beach in meeting its future projected economic shortfalls. HBFA was provided with a variety of labor cost and expense data related to its membership. As a result of the discussions and exchange of data, the City and HBFA have agreed to extend the MOU and to make the modifications thereto as summarized herein: The term of the MOU is extended so that the MOU, as amended herein, shall expire June 24, 2012 instead of June 24, 2011. ® In addition, the Association shall have the exclusive option to extend the MOU, without any change in its terms and conditions, an additional twelve (12) months through and including June 24, 2013. ® The scheduled wage increase effective March 22, 2010 is to be delayed until the beginning of the pay period that includes September 22, 2011. • Modification of Article XI.C. regarding layoff rules: there will be no change in classification or pay within this unit when a demotion in lieu of layoff is taken, and the reemployment list procedures have been modified. Finance has estimated the savings to the City to be $590,000 for a period of 18 months. Going forward, the City will work with the Association to discuss viable options designed to support continued excellence in fire service delivery and operational efficiency in light of fiscal challenges. Whenever possible, savings realized from the implementation of collaborative expenditure reduction efforts shall be reviewed for the benefit of maintaining Fire Department operations. The Association and City Administration will work cooperatively to discuss future options and the potential impacts thereof, as circumstances arise which require further cost -containment considerations. Labor representatives and City Administration have met and conferred regarding the proposal, and HBFA has agreed to the proposal (side -letter agreement is hereby incorporated as an attachment). Strategic Plan Goal: Maintain financial viability and reserves. Maintain public safety. Environmental Status: N/A -2- 2/25/2010 11:57 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 03-01-10 DEPARTMENT ID NUMBER: 10-09 Attachment(s): 1 1. Resolution 2010- 23 Amending the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Fire Association (HBFA) by adopting the side letter of agreement, including Exhibit A: The Side Letter Agreement. -3- 2/24/2010 4:06 PM p _ � ` E S � .v 1 {may � i RESOLUTION NO. 2010-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (HBFA), BY ADOPTING THE SIDE LETTER OF AGREEMENT WHEREAS, on February 19, 2008, the City Council of Huntington Beach adopted Resolution No. 2008-13 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach Firefighters' Association (HBFA); Subsequent to the adoption of the MOU, the City of Huntington Beach and HBFA agreed to changes, corrections, and clarifications to the MOU that are reflected in -a Side Letter of Agreement between the City of Huntington Beach and HBFA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. (Side letter agreement regarding MOU extension and wage increase deferral.) NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. Section 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and HBFA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1 st day of March 2010. PF a r APPROVED AS TO FORM: of Human Resources Exhibit "A", Resolution No. 20.10-23. City of Huntington Beach SIDE LETTER AGREEMENT Representatives of the Huntington Beach Fire Association ("HBFA") and the City of Huntington Beach ("City") hereby agree to the following terms related to the HBFA MOU with respect to the following: ARTICLE IV — SALARY SCHEDULES For each year of this agreement, the base salary of each classification represented by the Association shall be as set forth in the Salary Schedules, Exhibit B. A. Wage Increases: 6. Effective the beginning of the pay period that includes March 22, 2010, all bargaining unit employees shall receive a two percent (2%) wage increase. i. This scheduled wage. increase is to be delayed until the beginning of the pay period that includes September 22, 2011. ARTICLE XIV — TERM OF MOO This Memorandum of Understanding shall be in effect commencing on September 25, 2007and ending at midnight on June 24, 2011. 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. A) This article is hereby amended to extend the term of the MOU so that the MOU, as amended herein, shall expire June 24, 2012 instead of June 24, 2011. B) In addition, the Association shall have the exclusive option to extend the MOU, without any change in its terms and conditions, an additional twelve (12) months through and including June 24, 2013. Exhibit "A", Resolution No. 2010-23 ARTICLE XI — CITY RULES C. Layoff Rules - The procedure and practice regarding layoffs as contained in the City's Personnel Rules in effect on July 1, 1980 shall remain in full force and effect during the entire term of this MOU. i. If, during the term of the MOU, through December 31, 2010, the City causes any employees occupying job classifications within this unit to be demoted in lieu of layoff, the City shall cause those individuals to be assigned to work in a lower -paid classification without any change in their classification designation and accompanying rate of pay. ii. Personnel Rule 5-21. Reemployment Lists. - Modified For each class there shall be maintained a general reemployment list consisting of the names of all persons who have occupied positions with probationary or permanent status in the class and who have been demoted in lieu of layoff. Such names shall be placed on the list in the order of competency and length of service from highest to lowest. When a reemployment list is to be used to fill vacancies, the Personnel Director shall certify the names of eligibles therefrom from the top of such list, and the department head may appoint such eligibles to fill such vacancies. a. The list of certified eligibles under this section, shall be maintained for one (1) year following the expiration of this. MOU or until June 24, 2013, whichever is later. Side -Letter Implementation Except as modified above, all remaining terms and conditions set forth in the existing MOU, and all wages, hours and other terms and conditions of employment described therein and presently enjoyed by represented employees shall remain in full force and effect throughout the remainder of the term of the MOU as extended. The modified provisions contained in this side letter are effective following approval by the City of Huntington Beach City Council and will remain in full force unless otherwise specifically modified, either by subsequent side -letter or a successor memorandum of understanding. The parties agree that this side -letter agreement and the implementation thereof will not be subject to Personnel Rule 19 - Grievance Procedure/Non-Disciplinary Matters, or otherwise appealed either administratively or in a court of competent jurisdiction. Exhibit "A Resolution No. 2010-23 IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to be executed by and through their authorized officers on Huntington Beach Eire Association Darrin Witt President Dated: 321110 Don Bolan- Dated: 3 -.. - a o 10 Fred Cityl City of Huntington Beach nistrator rector of Human Resources Dated: p? ` ;? 4 10 so K 'awAm Jc-dnifer M. McGrath City Attorney Dated: a' a y -10 Res. No. 2010-23 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on March 1, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None y Clerk and ex-offic Clerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: Human Resources SUBJECT: HBFA MOU Extension & linage Deferral Side Letter COUNCIL MEETING DATE: March 1, 2010 Ordinance (w/exhibits & legislative draft if appl.icable) Attached L Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable Administrative Staff ( ) Deputy City Administrator (Initial) ( ) ( G ) City Administrator (Initial) ( ) ) Citv Clerk ( ) RCA Author: MSC TO: FROM: DATE: SUBJECT: CITY OF HUNTINGTON BEACH Interdepartmental Memo Joan Flynn, C Michele Carr, March 1, 201 Late Communication: Replacement RCA for the Huntington Beach Firefighters' Association (HBFA) The Human Resources Department submitted RCA HR 10-09 for Council Action. After the documents were submitted, changes were made to language and additional side letter provisions were included in the analysis. Additionally, the estimated savings to the City were changed to $590,000. Please replace the following pages in I� 2919 0 with the attached corrected version. Thank you in advance for your help. Attachment: RCA — Pages 1, 2 &3 3,11 / A01D CX'%E- 61-170N Late Comm Memo - HBFA RCA -1- 2/26/2010 1:31:00 PM Council/Agency Meeting Held: o Deferred/Continued to: )AApr)mved ❑ condi 'onally Appr ved ❑ Den a City k'S natur Council Meeting Date: 03-01-10 Department ID Number: HR 10-09 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City SUBMITTED BY: Fred A. Wilson, City Ad PREPARED BY: Michele Carr, Di SUBJECT: HBFA Side -Letter a 'ding Wage Deferral , Statement of Issue, Funding Source, be Term of the MOU and Implementing a Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: City and HBFA r presentatives have met and conferred regarding a provision extending the present term f the existing MOU and deferring a scheduled wage increase for a period of approximateX 18 months. Funding Source: N/A Recommended Action. otion to: Adopting Resolution No. 2010- 23 , a Resolution of the City Cou it of the City of Huntington Beach Amending the Memorandum of Understanding Betwe the City and the Huntington Beach Fire Association (HBFA), By Adopting the Side Lett Agreement Alternative ActionM: Do not Adopt Resolution No. 2010- 23 , a Resolution of the City Council of th City of Huntington Beach Amending the Memorandum of Understanding Between the Cjt and the Huntington Beach Fire Association (HBFA). REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 03-01-10 DEPARTMENT ID NUMBER: HR 10-09 Analysis: Staff met with representatives of HBFA to discuss alternatives to assisting/the City of Huntington Beach in meeting its future projected economic shortfalls. HBFA was provided with a variety of labor cost and expense data rela/to membership. Based upon the data, HBFA has elected to: ■ Extend the term of the current MOU to June 24, 2012 with the option to extend the agreement and additional six (6) months to December 24, 2012 for a total extension riod of 18 months. ■ Defer a wage increase scheduled for March 22, 2010 until September 22, 2011. Finance has estimated the savings to the City to be Labor representatives and City Administration proposal; and HBFA has agreed to the pr incorporated as an attachment). , Strategic Plan Goal: Maintain our financial reserves. Maintain ublic Safety Environmental Status: N/A Attachment(s): 1 for a period of 18 months. met and conferred regarding the (side -letter agreement is hereby 1. Resolution 2010- _ Amending the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Fire Association (HBFA) by adopting the side ;. letter of agreement, including Exhibit A: The Side Letter �W Agreement. -2- 2/24/2010 10:49 AM Council/Agency Meeting Held: o? U Deferred/Continued to: J&App ved ❑ Conditionally Approved ❑ Denied 32X;V��� City ler 's natur Council Meeting Date: 2/16/2010 Department ID Number: FD 10-004 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Cqt gcil Members SUBMITTED BY: Fred A. Wilson, City Admini for a PREPARED BY: Patrick McIntosh, Fire Chlef� SUBJECT: ADOPT RESOLUTION AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION, BY ADOPTING A SIDE LETTER OF AGREEMENT REGARDING THE FIREFIGHTERS' PROCEDURAL BILL OF RIGHTS Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Subsequent to the adoption of the memorandum of understanding (MOU) with the Huntington Beach Firefighters' Association, the Association and the City have tentatively agreed to a side letter of agreement regarding the Firefighters' Procedural Bill of Rights. Funding Source: Not applicable. Recommended Action: Motion to: Adopt Resolution 2010 - to , A Resolution amending the memorandum of understanding between the City and the Huntington Beach Firefighters' Association, by adopting a side letter of agreement regarding the Firefighters' Procedural Bill of Rights. Alternative Action(s): Do not adopt the Resolution and direct staff accordingly. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 2/16/2010 DEPARTMENT ID NUMBER: FD 10-004 Analysis: Representatives of the City of Huntington Beach and the Huntington Beach Firefighters' Association (HBFA) met and conferred regarding the Firefighters' Procedural Bill of Rights. This document identifies the informal hearing procedure for the firefighter discipline appeal process and is included in the attached resolution as a side letter agreement (Attachment 1). Recent State law requires that public agencies comply with these mandated procedural steps during investigations or implementation of discipline. Where previously any appeal of a punitive action not involving discharge, demotion or suspension or reduction in salary of a firefighter was required to be presented to an Administrative Law Judge, now such matters may be heard by the Fire Chief. The City Council is requested to adopt the attached resolution modifying the HBFA MOU to include the Firefighters' Procedural Bill of rights. Strategic Plan Goal: Maintain and Enhance Public Safety. Environmental Status: None Attachment(s): Resolution No. 2010-10, Resolution amending the memorandum of understanding between the City and the Huntington Beach Firefighters' Association, by adopting a side letter of agreement regarding the Firefighters' Procedural Bill of Rights -2- 2/2/2010 8:00 AM RESOLUTION NO. 2010-10 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION, BY ADOPTING A SIDE LETTER OF AGREEMENT REGARDING THE FIREFIGHTERS' PROCEDURAL BILL OF RIGHTS WHEREAS, the City Council of Huntington Beach adopted Resolution No. 2008-13 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach Firefighters' Association (HBFA); and Subsequent to the adoption of the MOU, the City of Huntington Beach and the HBFA agreed to changes to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the HBFA ("Side Letter of Agreement") attached hereto as Exhibit A. and incorporated herein by this reference. The Side Letter of Agreement pertains to the Firefighters' Procedural Bill of Rights, . NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2 The Side Letter of Agreement amends the MOU between the City of I-luntington Beach and the HBFA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of February , 402010- RE V IE City '.! "I Ma IN� i IA.TED AND APPROVEb of Human Resources r APPROVED AS TO FORM: e'— City Attorney P-,tf -- , - 27--" a 08-1944.001/4 3284 Exhibit "A" - Resolution No. 2010-10 February, 2010 Representatives of the City of Huntington Beach and Huntington Beach Firefighters Association ("HBFA") met and conferred regarding the Firefighters' Procedural Bill of Rights ('F.PBOR'). As a result of that meeting, Article XI C. of the MOU is amended with respect to discipline rules as follows: ARTICLE X1 - CITY RULES A. ' Personnel Rules - All MOU provisions that supersede the City's Personnel Rules shall automatically be incorporated in the City's Personnel Rules. 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. ' Discipline Rules - The procedure and practice regarding discipline as contained in Section 20 of the City's Personnel Rules, shall be amended in accordance with applicable provisions of the FBOR as set forth in Exhibit 1 to this Side Letter attached hereto and incorporated herein by reference. HUNTINGTON BEACH FIREFIGHTERS CITY ASSOCIATION (HBFA): President Dated: AZI49 I r SILVER, HADDEN, SILVER, WEXLER & LEVINE Bv: How4d A. Liberman, Esq. Attorney for HBFA Dated:.- //o 1 08-1944.001ISide Letter W=# ��7�7, [,qGTON BEACH: 7 Vk ministra I f: tor Approved as to form: Jennifer McGrath, City Attorney Dated: SIDE LETTER AGREEMENT February, 2010 Representatives of the City of Huntington Beach and Huntington Beach Firefighters Association ("HBFA") met and conferred regarding the Firefighters' Procedural Bill of Rights ("FPBOR"). As a result of that meeting, Article X1 C. of the MOU is amended with respect to discipline rules as follows: ARTICLE XI - CITY RULES A. Personnel Rules - All MOU provisions that supersede the City's Personnel Rules shall automatically be incorporated in the City's Personnel Rules. 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. Discipline Rules - The procedure and practice regarding discipline as contained in Section 20 of the City's Personnel Rules, shall be amended in accordance with applicable provisions of the FBOR as set forth in Exhibit I to this Side Letter attached hereto and incorporated herein by reference. HUNTINGTON BEACH FIREFIGHTERS CITY OF HUNTINGTON BEACH: ASSOCIATION (HBFA): President Dated: SILVER, HADDEN, SILVER, WEXLER & LEVINE By: Howafr6 A. Liberman, Esq- Attorney for HBFA Dated:. 08-1944 001 /Side Letter City Administrator F10 =0 91 Approved as to form: Jennifer McGrath, City Attorney Dated: Exhibit "A" - Resolution No. 2010-10 FIREFIGHTER PROCEDURAL BILL OF RIGHTS TO BE ADDED TO THE HUNTINGTON BEACH PERSONNEL. RULES AS APPLIED TO MEMBERS OF TIME HUNTINGTON BEACH FIREFIGI ITERS ASSOCIATION. FIREFIGHTERS' RIGHTS TO APPEAL DISCIPLINARY ACTION The following appeals procedures are adopted pursuant to Government Code § 3254.5 of the Firefighters Procedural Bill of Rights Act and supersede any personal rules to the contrary. DEFINITIONS a. `hhe term "firefighter" means an employee who is considered a "firefighter" under Government Code § 3251(a). b. The term "punitive action'' means any action defined by Government Code §3251(c), i.e., "any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment." 2. APPEAL OF A PUNITIVE ACTION NOT INVOLVING DISCHARGE -DEMOTION OR SUSPENSION OR REDUCTION M SALARY OF A FIREFIGHTER Pursuant to Government Code § 11445.20, the following informal hearing procedure shall be utilized for an appeal by a firefighter of a punitive action not involving discharge, demotion, reduction in salary or suspension. a. Notice of Appeal- Within fifteen (15) calendar days of receipt by a firefighter of notification of punitive action as set forth above, the firefighter shall notify the office of the Fire Chief in writing of the firefighter's intent to appeal the punitive action. The notice of appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal. b. Presiding? Officer- In an informal hearing, the Fire Chief or his/her designee shall be the presiding officer. The Fire Chief or his/her :designee shall conduct the informal hearing in accordance with these procedures. The determination of the Fire Chief shall be final. If the Fire Chief cannot serve as the hearing officer because of actual bias, prejudice or interest as defined by Government Code 11425.40, then the City Administrator or his/her designee shall serve as the Presiding Officer. In such cases, the determination of the City Administrator shall be final. Written reprimands adjudicated following the informal process provided herein shall be removed from the employee's personnel file after two years if no similar occurrence takes place within that time. If a similar occurrence takes place (as determined by the Fire Chief) the discipline shall remain until two years have passed without such an occurrence. c. Burden of Proof- The employer shall bear the burden of proof at the hearing. 1 } If the action being appealed does not involve allegations of el-Liployee misconduct, the limited purpose of" the hearing shall be to provide the officer the opportunity to establish a record of the circumstances surrounding the action. The Department's burden of proof shall be satisfied if the Department establishes by a preponderance of the evidence 08-1600143313 Exhibit "A" - Resolution No. 2010-10 FIREFIGHTER PROCEDURAL BILL OF RIGHTS TO BE ADDED TO THE HUNTINGTON BEACH PERSONNEL RULES AS APPLIED TO MEMBERS OF THE HUNTINGTON BEACH FIREFIGHTERS ASSOCIATION. that the action was reasonable. The Department's burden of proof may be satisfied even though reasonable persons may disagree about the appropriateness of the action. 2) However, if the punitive action involves charges of misconduct, the Department shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the charge and that the punitive action was reasonable under the circumstances. d. Conduct of Hearing- 1) The formal rules of evidence do not apply, although the Presiding Officer shall have discretion to exclude evidence which is incompetent, irrelevant or cumulative, or the presentation of which will otherwise consume undue time. 2) The parties may present opening statements. 3} The parties may present evidence through documents and testimony. aa. Witnesses shall testify under oath. bb. Subpoenas may be issued pursuant to Government Code §§ 11450.05- 11450.50. 4) hollowing the presentation of evidence, if any, the parties may submit oral and/or written closing arguments for consideration by the hearing officer. e. Recording of the Hearing- The hearing may be tape recorded or stenographically recorded by a Certified Court Reporter by either party . The per diem cost of the court reporter shall be equally borne by the parties. The cost to receive a transcript of the hearing shall be borne by the party requesting the transcript. f. Representation- The firefighter may be represented by an association representative and/or attorney of his or her choice at all stages of the proceedings. All costs associated with such representation shall be borne by the firefighter. �. Decision- The decision shall be in 4vriting pursuant to Government Code § 1 1425.50. The decision shall be served personally or by first class mail, postage pre -paid, upon the firefighter as well as his/her attorney or representative, shall be accompanied by an affidavit or certificate of mailing, and shall advise the firefighter that the time within which judicial review of the decision may be sought is governed by Code of Civil Procedure § 1094.6. 3. APPEAL OF A DISCIPLINARY DECISION INVOLVING DISCHARGE REDUCTION IN SALARY, DEMOTION OR SUSPENSION OF A FIREFIGHTER a. In those instances where the procedures in Government Code §§ 11400, et seq. are inapplicable to an administrative appeal. the administrative appeal shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part I of Division 3 of "Title 2 of the California Government Code. 08-1600/43313 Exhibit "A" - Resolution No. 2010-10 FIREFIGHTER PROCEDURAL BILL OF RIGHTS TO BE ADDED TO THE HUNTINGTON BEACH PERSONNEL RULES AS APPLIED TO MEMBERS OF THE HUNTINGTON BEACH FIREFIGHTERS ASSOCIATION. b. Notice of Discipline as Accusation- The final notice of discipline which may be issued at the conclusion of any pre -disciplinary procedures shall serve as the Accusation as described in Government Code §§ 11500, et seq. Pursuant to Government Code section 3254, subsection (f), the discipline shall not be effective sooner than 48 hours of issuance of the final notice of discipline. The notice shall be prepared and served in conformity with the requirements of Government Code §§11500, et seq. A copy of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code shall be provided to the firefighter concurrently with the notice of discipline. C. Notice of Defense/Request for Hearing- Within 15 calendar days after service of the accusation the respondent may file with the office of the Fire Chief a notice of defense in which the respondent may: 1) Request a hearing; 2) Object to the accusation upon the ground that it does not state acts or omissions upon which the agency inay proceed; 3) Object to the form of the accusation on the ground that it is so indefinite or uncertain that the respondent cannot identify the transaction or prepare a defense: 4) Admit the accusation in whole or in part; 5) Present new matter by way of defense, 6) Object to the accusation upon the ground that, under the circumstances, compliance with the requirements of a regulation would result in a material violation of another regulation enacted by another department affecting substantive rights; Within the time specified respondent may file one or more notices of defense upon any or all of these grounds but all of these notices shall be filed within that period unless the agency in its discretion authorizes the tiling of a later notice. The respondent shall be entitled to a hearing on the merits if the respondent files a notice of defense, and the notice shall be deemed a specific denial of all parts of the accusation not expressly admitted. Failure to timely file a notice of defense shall constitute a waiver of respondent's right to a hearing. but the agency in its discretion may nevertheless grant a hearing. Unless objection is taken as provided in Government Code Section 11506, all objections to the form of the accusation shall be deemed waived. The notice of defense shall be in writing signed by or on behalf of the respondent and shall state the respondent's mailing address. ft need not be verified or follow any particular form. d. Administrative Law Judge- Pursuant to Government Code § 11512, the City has determined that appeals shall continue to be heard by the Personnel Commission 08-1600/43313 } Exhibit "A" - Resolution No. 2010-10 FIREFIGHTER PROCEDURAL BILL OF RIGHTS TO BE ADDED TO THE HUNTINGTON BEACH PERSONNEL RULES AS APPLIED TO MEMBERS OF THE HUNT'INGTON BEACII FIREFIGHTERS ASSOCIATION. with the administrative law judge presiding at the hearing, pursuant to Government Code § 11512(b). The administrative law judge shall rule on the admission and exclusion of evidence and advise the Personnel Commission on matters of law. The Personnel Commission shall exercise all other powers relating to the conduct of the hearing pursuant to pre -established Huntington Beach Rules. The process contemplated in this subsection may be "reopened" for discussion after three years. e. Time and Place of Hearing- Pursuant to Government Code § 11508, unless otherwise decided by the Personnel Commission, a hearing shall be conducted at City Hall at a time to be determined by the Personnel Commission. f. Notice of the Hearin.— Notice of the hearing shall be provided to the parties pursuant to Government Code § 11509. g. The Personnel Commission may recommend to sustain, reduce, or rescind the disciplinary action taken where evidence produced in the hearing warrants such recommendation. The standard at the hearing shall be "Just Cause." In all instances, the Personnel Commission shall certify copies of its findings and decision to the City !administrator, the department head from whose action the appeal was made, and the appellant employee. The Board's decision shall be final. Requests for reconsideration by the Personnel Commission shall be governed by Government Code § 11527. The decision shall be in wTiting. The decision shall be served personally or by first class mail, postage pre -paid, upon the firefighter as well as his/her attorney or representative, and shall be accompanied by an affidavit or certificate of mailing. Judicial review of the decision may be sought pursuant to Government Code § 11523 and the Code of Civil Procedure. h. In the event California Law cited herein is modified, these Tiles shall also be automatically modified in accordance thereto. 08-1600/43313 Res. No. 2010-10 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH i, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven-, that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on February 16, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES- None ABSENT: Noni Cif 'Clerk and ex-officidj, Jerk of the City Council of the City of Huntington Beach, California INITIATING DEPARTMENT: FIRE SUBJECT: Resolution amending the memorandum of understanding with the Huntington Beach Firefighters' Association, by adopting a side letter of agreement regarding the Firefighters' Procedural Bill of Rights COUNCIL MEETING DATE: I February 16, 2010 0 $ATUS` Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by CityAttome) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Ap licable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not A plicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable RCA Author: McIntosh/Engberg/Justen SILVER, HADDEN, SILVER, WEXLER & LEVINE A PROFESSIONAL LAW CORPORATION STEPHEN H. SILVER WILLIAM J. HADDEN SUSAN SILVER ROBERT M. WEXLER RICHARD A. LEVINE KEN YUWILER ELIZABETH SILVER TOURGEMAN HOWARD A. LIBERMAN MICHAEL D. SCHWARTZ MICHAEL SIMIDJIAN 1428 SECOND STREET SANTA MONICA, CALIFORNIA 90401 MAILING ADDRESS POST OFFICE BOX 2161 SANTA MONICA, CALIFORNIA 90407-2161 TELEPHONE (310) 393-1486 TELEPHONE (323) 870-0900 FACSIMILE (310) 395-5801 January 28, 2010 Mike Vigliotta Huntington Beach City Attorney's Office P.O. Box 2740 Huntington Beach, CA 92647 Dear Mr. Vigliotta: WORKER'S COMPENSATION OF COUNSEL STEVEN E. KAYE FE&. 1 1 2010 City Of Huntangion BaaOr,� Enclosed is the signature page from the Side Letter Agreement with Mr. Liberman's original signature. :lmb Enclosure 01847-1tr.wpd Sincerely, SILVER, HADDEN, SIL & LEVINE LINDA M. BORNMAN—,-L� Legal Assistant to Howard A. Liberman, Esq. %�CC �d71.. , Council/Agency Meeting Held: /- -O� Deferred/Continued to: A App ve� ❑Conditionally Approved ❑Denied e�,.� Ci , lerk' Signa re Council Meeting Date: 1/5/2009 Department ID Number: FD 09-001 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor aydCity Council Members SUBMITTED BY: Fred A. Wilson, ministrator PREPARED BY: Duane Olson, Fire hie SUBJECT: Adopt Resolution 2009-03 Amending the Memorandum of Understanding Between the City and the Huntington Beach Firefighters Association by Adopting a Side Letter of Agreement Regarding Work Schedules Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Subsequent to the adoption of the Memorandum of Understanding with the Huntington Beach Firefighters' Association, the Association and the City have tentatively agreed to a side letter of agreement regarding work schedules of firefighter paramedic trainees. Funding Source: Funding is contained in the current Fiscal Year 2008/09 budget. Recommended Action: Motion to: Adopt Resolution No. 2009-03 , a resolution of the City Council of the City of Huntington Beach amending the memorandum of understanding between the City and the Huntington Beach Firefighters' Association, by adopting a side letter of agreement regarding work schedules. Alternative Action(s): Do not approve the Resolution and direct staff accordingly. �/d REWEST FOR CITY COUNCIL AG (ION MEETING ®ATE: 1/5/2009 DEPARTMENT I® NUMBER: F® 09-001 Analysis: Representatives of the City of Huntington Beach and the Huntington Beach Firefighters' Association (HBFA) met and conferred regarding the issue of modification to certain work schedules for firefighters attending a paramedic training program ("Firefighter Paramedic Trainee"). The current Memorandum of Understanding (MOU) between the HBFA and the City requires that employees working a 56-hour per week work schedule receive six (6) consecutive days off. However, this schedule is not in accordance with the training program hours. The work schedule contemplated in the attached side letter (Attachment 1) would allow HBFA employees to work at other Orange County fire agencies during the field internship portion of their paramedic training. City Council is requested to adopt the attached resolution (Attachment 2) modifying the HBFA MOU to allow firefighter paramedic trainees to attend field internship training with other Orange County fire agencies. Strategic Plan Goal: C-2 City Services: Provide quality public service with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Environmental Status: None. Attachment(s): -2. 12/22/2008 10:14 AM SIDE LETTER AGREEMENT December 18, 2008 Representatives of the City of Huntington Beach and Huntington Beach Firefighters Association ("HBFA") met and conferred regarding the issue of modification to certain work schedules for firefighters attending a paramedic training program ("Firefighter Paramedic Trainee"). The current Memorandum of Understanding (MOU) between the Huntington Beach Firefighters Association and the City of Huntington Beach requires that employees working a 56 hour per week work schedule receive six (6) consecutive days off. However, this schedule is not in accordance with training program hours. This work schedule contemplated in this side letter would allow HBFA employees to work at other Orange County fire agencies during the field internship portion of their training. As a result of that meeting, agreement was reached on the following: MOU Article VII, A., 1. is amended with respect to Firefighter Paramedic Trainees as follows: To facilitate the field internships required for Firefighter Paramedic Trainees attending paramedic training at Saddleback College, Firefighter Paramedic Trainees will continue to work an average of fifty-six (56) hours per week with the remaining days off as designated by the schedule of the other fire agencies in Orange County (with the exception of La Habra Fire Department). MOU Article VII, C.1. is amended with respect to Firefighter Paramedic Trainees as follows: To facilitate the field internships required for Firefighter Paramedic Trainees attending paramedic training at Saddleback College, Firefighter Paramedic Trainees will continue to receive overtime compensation pursuant to all applicable Fair Labor Standards Act overtime rules without applying the current fifteen day work period. Said work schedule shall be determined by the Fire Chief at the time the employee's training schedule becomes effective and the work period shall be a time frame where each employee on each work shift is scheduled to work the same number of shifts and hours as designated by the schedule of the other fire agencies in Orange County (with the exception of La Habra Fire Department). This agreement is not intended to reduce or provide any additional overtime compensation to Firefighter Paramedic Trainees for working regularly scheduled hours while actively engaged in training. For HBFA: For t ntington Beach: dit Administrator President / v /" Dated: 0� Dated: l a -19 -ald©a Approved as to form: F-C, Jennifer McGrath, City Attorney Av_ la-Iq-OR Dated: /2-1 z z- /0 ! RESOLUTION NO. 2009-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION, BY ADOPTING A SIDE LETTER OF AGREEMENT REGARDING WORK SCHEDULES WHEREAS, the City Council of Huntington Beach adopted Resolution No. 2008-13 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach Firefighters' Association (HBFA); and Subsequent to the adoption of the MOU, the City of Huntington Beach and the HBFA agreed to changes to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the HBFA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to work schedules of firefighter paramedic trainees, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the HBFA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day of January , 200 9 . City (L-C ity Attorney MA/ - I z - m - 6 8 29391 Exhibit "A" Resolution No. 2009-03 SIDE LETTER AGREEMENT December 18, 2008 Representatives of the City of Huntington Beach and Huntington Beach Firefighters Association ("HBFA") met and conferred regarding the issue of modification to certain work schedules for firefighters attending a paramedic training program ("Firefighter Paramedic Trainee"). The current Memorandum of Understanding (MOU) between the Huntington Beach Firefighters Association and the City of Huntington Beach requires that employees working a 56 hour per week work schedule receive six (6) consecutive days off. However, this schedule is not in accordance with training program hours. This work schedule contemplated in this side letter would allow HBFA employees to work at other Orange County fire agencies during the field internship portion of their training. As a result of that meeting, agreement was reached on the following: MOU Article VII, A., 1. is amended with respect to Firefighter Paramedic Trainees as follows: To facilitate the field internships required for Firefighter Paramedic Trainees attending paramedic training at Saddleback College, Firefighter Paramedic Trainees will continue to work an average of fifty-six (56) hours per week with the remaining days off as designated by the schedule of the other fire agencies in Orange County (with the exception of La Habra Fire Department). MOU Article VII, C.1. is amended with respect to Firefighter Paramedic Trainees as follows: To facilitate the field internships required for Firefighter Paramedic Trainees attending paramedic training at Saddleback College, Firefighter Paramedic Trainees will continue to receive overtime compensation pursuant to all applicable Fair Labor Standards Act overtime rules without applying the current fifteen day work period. Said work schedule shall be determined by the Fire Chief at the time the employee's training schedule becomes effective and the work period shall be a time frame where each employee on each work shift is scheduled to work the same number of shifts and hours as designated by the schedule of the other fire agencies in Orange County (with the exception of La Habra Fire Department). This agreement is not intended to reduce or provide any additional overtime compensation to Firefighter Paramedic Trainees for working regularly scheduled hours while actively engaged in training. For HBFA: For t ntington Beach: it Administrator President Dated: I Z'z� 1 o9 Dated: Ja Approved as to form: 2Z/06, Jennifer McGrath, City Attorney AV- Dated: Z z / 0 t Res. No. 2009-03 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven, that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on January 5, 2009 by the following vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen NOES: None ABSENT: None ABSTAIN: None City lerk and ex-officio Qerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: Fire SUBJECT: Adopt Resolution Amending the Memorandum of Understanding Between the City and the Huntington Beach Firefighters Association by Adopting a Side Letter of Agreement Regarding Work Schedules COUNCIL MEETING DATE: I January 5, 2009 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Appiicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ Signed in full by the City Attorney Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Ap licable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS RCA Author: Olson/Engberg/Justen v Council/Agency Meeting Held: .� Deferred/Continued to: XAppr ed ❑ Conditionally Approved ❑ Denied , City 's Sig ature Council Meeting Date: 3/16/2009 Department ID Number: HR SUBMITTED TO: SUBMITTED BY: PREPARED BY: SUBJECT: CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL. ACTION Honorable Mayor and City Fred A. Wilson, qty Adm Michele Carr, Dan Villella, Fina I Members / ! v erector 4' Adopt Resolutions adopting Side Letter Agreements on the MOUs and Resolution with City's Bargaining Units Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City of Huntington Beach and all employee bargaining units have met and conferred and agreed to modification of their respective MOUs and Resolution regarding supplemental retirement benefit options. Funding Source: There is no funding required for the recommended action. Recommended Action Motion to: Adopt the following Resolutions: Resolution No.2009-12 A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Police Officers' Association (HBPOA), By Adopting The Side Letter Of Agreement. Resolution No.2009-13 A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Police Management Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 20nn-I 4 A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Marine Safety Officers Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2nng-1� A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Firefighters' Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-16A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Fire Management Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-17A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Management Employees Organization, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-18A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Municipal Employees' Association, By Adopting A Side. Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-19 A Resolution of the City Council of the City of Huntington Beach Amending the Resolution Between the City and the Non -Associated Employees Regarding Supplemental Retirement Benefit Options. Alternative Action(s): Do not adopt the Resolutions. Analysis: CalPERS permits a retired annuitant to select either an unmodified pension benefit or to select a modified pension benefit option. CalPERS provides a total of five modified pension benefit options (2, 2W, 3, 3W & 4). Presently, the City's existing MOU and resolution language does not reflect all available options as part of the negotiated Supplemental Retirement benefit. Pursuant to the benefits provided by CaIPERS, at retirement an employee may choose to receive the highest allowance (the Unmodified Allowance) provided by CalPERS while the employee is alive or the employee may choose to leave a portion of their pension benefit to a beneficiary upon their death (Attachment 1). If the employee chooses to leave a portion of their pension to a beneficiary, they are required to choose one of four survivor benefit options (ostensibly the option that provides the maximum pension benefit to the beneficiary). Selecting an option, other than the Unmodified Allowance, reduces the employees monthly retirement allowance. The amount of this reduction depends on which option is selected. The City agreed to pay retirees hired before 1997 or 1998, depending on bargaining unit, a Supplemental Retirement benefit which is the difference between the retiree's unmodified CalPERS allowance and the option that is chosen by the employee. Depending on the bargaining unit, the City agreed to pay the difference only if the employee chose Options 2 or 3 (or in some cases only Option 2) as defined in each MOU or resolution. In most cases, if an employee chooses Option 2 (or 3) the City is required to pay more in Supplemental Benefits than if the employee would have selected any other option. To provide a uniform method of applying the MOU or resolution provision, and to provide City retirees a benefit that will save the City money, City management met with all affected bargaining units and agreed that the City should provide the Supplemental Benefit for optional retirement settlements 2, 2W, 3, 3W & 4. Currently there are 540 retirees receiving this benefit. In addition, there are approximately 450 employees eligible for the benefit that were employed by the City prior to the elimination of the benefit.. This benefit is no longer available to new hires or employees hired after December 27, 1997. Annually the City retains a professional consulting firm to perform an actuarial valuation of the Retirement Supplement Plan. As of September 30, 2008 the Actuarial Accrued Liability of the Plan totaled. just over $51 million. City assets assigned to the plan as of September 30, 2008 totaled just over $20 million, leaving an unfunded liability of approximately $30 million. As part of the actuarial analysis the consultant identifies an annual required contribution to the plan for purposes of amortizing the payment of the unfunded liability at a level amount over a 30 year period. The annual required contribution for fiscal year 2008/09 is anticipated to be $3.07 million The action recommended does not increase the unfunded liability of the Retirement Supplement Plan as the actuarial analysis assumes that future participants in the plan will enroll in the most expensive option available. This is done to insure that adequate resources are dedicated to the plan on an annual basis. A separate action item on the March 16, 2009 City Council agenda recommends the establishment of a Supplemental Retirement Trust and the selection of a professional investment firm to provide investment and trust related services under the oversight of a Retirement Board. Strategic Plan Goal: Fully understand the financial implications of financial decisions before they are made, and recognize and disclose fiscal impacts of the pension crisis. Environmental Status: Not Applicable Attachment(s): 1. 1 LIST OF RETIREMENT BENEFIT OPTIONS 2. 1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION (HBPOA), BY ADOPTING THE SIDE LETTER OF AGREEMENT 3. 1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 4. 1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE MARINE SAFETY OFFICERS ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 5. 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 6. 1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 7. 1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES ORGANIZATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 8. 1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH MUNICIPAL EMPLOYEES' ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 9. 1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE RESOLUTION BETWEEN THE CITY AND THE NOW ASSOCIATED EMPLOYEES REGARDING SUPPLEMENTAL RETIREMENT BENEFIT OPTIONS. ATTACHMENT DECISIONS TO MAKE rsEFORE YOU RETIRE Your Options at Retirement At retirement, you can choose to receive the highest benefit payable, which is referred to as the "Unmodified Allowance." The Unmodified Allowance provides a monthly benefit to you that ends upon your death. You also have the choice of requesting a reduction in the Unmodified Allowance to provide a lump -sum or monthly benefit for a beneficiary upon your death. This section gives you an overview of various options available to you at retirement. Option 1 This retirement option provides a lump -sum payment of your remaining member contributions to your beneficiary after your death. The reduction to your monthly benefit to provide this payment is based on your life expectancy at retirement and the amount of your contributions. You may name one or more beneficiary(ies), and can name a new beneficiary at any time. If you name someone other than your spouse or registered domestic partner as your Option 1 beneficiary(ies), upon your death your spouse or domestic partner may still be entitled to a community property share of any remaining contributions. The following options 2, 2W 3, 3W and 4 provide lifetime monthly benefits to your designated beneficiary. The reduction to your monthly benefit to provide a monthly allowance to your beneficiary is based on both your life expectancy at retirement and your beneficiary's — the younger your beneficiary, the greater the reduction. Ifyou have someone eligible for Survivor Continuance, the reduction is applied only to the option portion ofyour allowance. (Seepage 9 for more about Survivor Continuance.) In most cases, you may name only one beneficiary, and your designation may not be changed after retirement except under limited circumstances. You may name someone other than your spouse or registered domestic partner for a lifetime death benefit allowance under options 2, 2W, 3, 3W or 4. However, your spouse or registered domestic partner may be entitled to a community property share of the beneficiary's monthly death benefit. Option 2 The same retirement allowance you receive will be paid to your beneficiary for life. If Survivor Continuance applies (See Page 9), and your beneficiary is not your eligible survivor, the beneficiary's allowance will not include the Survivor Continuance portion. Your retirement allowance will increase to the Unmodified Allowance if - Your beneficiary dies; or Your non -spouse or non -domestic partner beneficiary waives entitlement to the Option 2 benefit. 888 CaIPERS for 888-225-7377) 1 www.calpers.ca.gov Your beneficiary is your spouse or domestic partner legally recognized in California and upon a divorce, legal separation, termination of partnership, or annulment you provide CalPERS with a judgment that awards you the entire interest in your CalPERS benefits; and You notify CAPERS of the change. Option 2W As an alternative to the Option 2, you may elect the slightly higher allowance under Option 2W. However, your allowance will not increase to/the Unmodified Allowance under the situations described in Option 2. Option 3 In this option, one-half of your monthly retirement allowance will be paid to your beneficiary for life. If Survivor Continuance applies (See Page 9), and your beneficiary is not your eligible survivor, the beneficiary's allowance will not include the Survivor Continuance portion. Your retirement allowance will increase to the Unmodified Allowance if: • Your beneficiary dies; or • Your non -spouse or non -domestic partner beneficiary waives entitlement to the Option 3 benefit; • Your beneficiary is your spouse or domestic partner legally recognized in California and upon a divorce, legal separation, termination of partnership, or annulment you provide CAPERS with a judgment that awards you the entire interest in your CaIPERS benefits; and • You notify CalPERS of the change. Option 3W As an alternative to the Option 3, you may elect the slightly higher allowance under Option 3W. However, your allowance will not increase to the Unmodified Allowance under the situations described in Option 3. Option 4 Option 4 is a somewhat flexible option. There are several unique variations of Option 4, each specifically designed to mesh with various situations that might apply to you. If you are interested in choosing a lifetime option, you should familiarize yourself with these options by obtaining the CalPERS publication A Guide to CaIPERS Retirement Option 4. The amount payable to your beneficiary under Option 4 cannot exceed the amount payable under Option 2W. In addition, with any variation of Option 4, your allowance will not increase to the Unmodified Allowance under the situations described in Option 2 or 3. CalPERS Member Publication I Local Miscellaneous Survivor Continuance In making a decision about whether to reduce your Unmodified Allowance to provide for a beneficiary, you will want to consider if your employer offers Survivor Continuance. This is a contracted employer -paid benefit that public agency employers can offer you. This benefit consists of a monthly allowance that automatically continues to an eligible survivor following your death after retirement regardless of the retirement option you select. Who is Eligible? • Your spouse, if you were married for at least one year before your retirement and remained married until the date of your death, will receive the Survivor Continuance benefit for life. (For disability retirement, you need only to have been married at retirement and remained married until the date of your death.) Your domestic partner, if you were legally registered at least one year prior to your retirement and continuously until your death, will receive the Survivor Continuance benefit for life. (For disability retirement, you need only to have been registered as domestic partners at retirement and remained registered until the date of your death.) If you do not have an eligible spouse or registered domestic partner, your natural or adopted children under age 18, who have never been married, will receive this monthly benefit until marriage or age 18. A child who was disabled prior to age 18, never married, and whose disability has continued without interruption will receive this benefit until the disability ends or until marriage. Qualifying financially -dependent parents; if none of the above. 888 CaIPERS (or 888-225-7377) 1 www.calpers.ca.gov �_ATTACHMENT RESOLUTION NO. 2009-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION, BY ADOPTING A SIDE LETTER OF AGREEMENT REGARDING SUPPLEMENTAL RETIREMENT BENEFIT OPTIONS WHEREAS, the City Council of Huntington Beach adopted Resolution No. 2008-13 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach Firefighters' Association (HBFA); and Subsequent to the adoption of the MOU, the City of Huntington Beach and the HBFA agreed to changes to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the HBFA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to supplemental retirement benefits options, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted_ 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the HBFA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of March . , 200 9. Mayor REVIEW D APPROVED: City &IkirAstrator t 'ty Attorney D D 26362 Exhibit "A", Resolution No. 2009--15 SIDE LETTER AGREEMENT-HBFA Representatives of the Huntington Beach Firefighters' Association ("HBFA") and the City of Huntington Beach ("City") have met and conferred on July 28, 2008 and hereby agree to the following terms related to the Supplemental Retirement Plan pursuant to Article IX A.2.a. of the MOU between the HBFA and City effective September 24, 2007. EMPLOYEE SUPPLEMENTAL RETIREMENT PLAN: Effective June 16, 2008 , Article IX A.2.a. of the MOU between HBFA and City is hereby deleted and replaced as follows: 2. Self -Funded Supplemental Retirement Benefit: a. In the event a member elects Option #1, #2 #2W, #3, #3W or #4 of the Public Employees' Retirement Law, the City shall pay the difference between such elected option and the unmodified allowance which the member would have received for his/her fife alone as provided in California Government Code sections 21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the member, 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. 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. F/or. HBFA For the f Huntington Beach President eiAdministrator Dated: I�,- %,a' �),00a 3 Dated: March 4, 2009 ved as to form: Ve n n i f e r M cGra//tllh, City orney IiAiv_1,6_Cq Dated: 14 - U 25957 STATE OF CALIFORNIA COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH 1, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, dca 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 March 16, 2009 by the following vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen NOES: None ABSENT: None ABSTAIN: None 44:2-0 05/A�C� City Jerk and ex-officio CUrk of the City Council of the City of Huntington Beach, California Zj yyy�} ff Council/Agency Meeting Held: a ODr Deferred/Continued to: 'Ni Appr e l ❑ Conditionally Approved ❑ Denied °Ci C rk's %1gn2ftjre Council Meeting Date: 2/19/2008 Department Number: HR- 08-01 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL ME SUBMITTED BY: PREPARED BY: PAUL EMERY, INTERIM CITY ADMIN MICHELE CARR, DIRE SUBJECT: ADOPT RESOLUTION -206VlAPPROVING A MEMORANDUM OF UNDERSTANDING BE EN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGT N BEACH FIREFIGHTERS' ASSOCIATION (HBFA) 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 (HBFA) have tentatively agreed to enter into a new Memorandum of Understanding (MOU) for the period September 25, 2007 — June 24, 2011. Funding Source: Funding is contained in the current Fiscal Year 2007/2008 budget,and funding will be included in the. budgets for Fiscal Years 2008/2009, 2009/2010, 2010/2011. The cost to implement the HBFA MOU: • Fiscal Year 2007/2008: $1,259,806 • Fiscal Year 2008/2009: $1,019,747 • Fiscal Year 2009/2010: $1,066,662 • Fiscal Year 2010/2011: $ 703,851 • Totals: $4,050,066 Recommended Action: Motion to: Adopt Resolution No. 2008-1a resolution of the City Council of the City of Huntington Beach approving and implementing the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Firefighters Association (HBFA) for the term of September 25, 2007 through June 24, 2011. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 02/19/08 DEPARTMENT ID NUMBER: 08-01 Alternative Action(s): Do not approve the Resolution for the HBFA employees and direct staff to either attempt to continue to meet and confer with the Association or utilize the impasse procedures under the City's Employer - Employee Relations Resolution. Analysis: Representatives of the City and the HBFA have completed the meet and confer process with agreement on a new Memorandum of Understanding (MOU) for the period of September 25, 2007 through June 24, 2011. The negotiations process focused primarily on wages, including a variety of special assignment pays. Highlights from the listing of proposed pay and benefit changes include the following: Wage Increases 0 2.5% wage increase retroactive to the beginning of the pay period that includes September 25, 2007 (09/22/07). 0 2.5% wage increase effective March 22, 2008 0 3.0% wage increase effective September 20, 2008 0 2.5% wage increase effective March 21, 2009 0 3.0% wage increase effective September 19, 2009. 0 2.0% wage increase effective March 20, 2010 0 2.0% wage increase effective September 18, 2010, 0 2.5% wage increase effective March 19, 2011. Special Pays The City and the Association agreed to modify and/or to implement special pay compensation regarding Education (Level I and Level II), Urban Search and Rescue (USAR), Hazardous Materials (HazMat), Rank Paramedic, and a variety of Special Certifications including, but not limited to, Advanced Paramedic Certifications, Chief Officer Certifications, and Fire Officer Certifications. A summary of these and all other negotiated provisions are included as Attachment #1. Strategic Plan Goal: Not applicable Environmental Status: Not applicable -2- 2/4/2008 4:4z, PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 02/19/08 DEPARTMENT OD NUMBER: 08-01 Attachment(s): 1. PowerPoint Presentation — Summary of Negotiated Provisions 2. Legislative Draft — Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Firefighters' Association (HBFA) or the period September 25, 2007 through June 24, 2011. 3. Resolution No: 2008-13 Resolution to adopt a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Firefighters Association (HBFA) for the period September 25, 2007 through June 24, 2011, including Exhibit A: Final Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Firefighters' Association (HBFA) for the period September 25, 2007 through June 24, 2011. -3- 2/6/2008 3:41 PM — — - —, —_ a —� — - - - - .. _J i CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION 09/25/07 - 06/24/11 Huntington Beach Firefighters' Association Members: 119 �, • I I I I - 1 1 9 If 0 " L161 INCLUDING COSTS I. WAGE INCREASES YEARS 1 2 3 4 Wage Increase Eff. September 2.5 3.0 3.0 2.0 Eff. March 2.5 2.5 2.0 2.5 Captain Adjustment 2.0 FY 2007/08 Estimated Cost $ 172597806 FY 2008/09 Estimated Cost $ 170197747 FY 2009/10 Estimated Cost$ 170667662 FY 2010/11 Estimated C- ! 703,851 1 II. HEALTH BENEFITS III. RETIREMENT • A;1degree 0 )�� Cer-tification Pay • Chief Officer (Captains and above) 3.0% • Fire Officer (Below Captains) 3.0% • Senior Paramedic 1.0% )�� Assignment Pay USAR: Light r Medium duty 3.0% -1 -- f I _ - a 0% Specialist MW i � 1 [0011010, NR rI, , I • Compensatory Ti-1 • Callback • a' Cancellation �_�� �� h ,+, Non -substantive revisions ocomplywith federal i 4 ,ii law Total Cost Summary Estimated Cost for Term of the Agreement 09/25/07 — 06/24/11 I. Wages Total Est. Cost $ 4,050,066 II. Health Benefits $ 0 III. Retirement $ ° TOTAL ESTIMATE Total Est. Cost $ 4,0502066 ,-ATTACHMENT #2 Between The Huntington Beach Firefighters Association The City of Huntington Beach September� i ABLE OF CONTENTS ARTICLE I - REPRESENTATIONAL UNIT/CLASSIFICATIONS.................................................................................1 ARTICLE it — EXISTING CONDITIONS OF EMPLOYMENT.......................................................................................1 ARTICLEIII - SEVERABILITY......................................................................................................................................2 ARTICLEIV — SALARY SCHEDULES..................................................................................................•-.--..................2 A. WAGE INCREASES............................................................................................................................2 B. SALARY STUDY................................................................................................................................. 2 ARTICLEV — SPECIAL PAY......................................................................................................................................43 A. EDUCATION.................................................................................................................................... 4 1. Incentive Plan ..................................... ....................................................................................................... 43 a. Level ....................................................................................................................................................43 b. Levelll...................................................................................................................................................43 C. Degree Majors ........................................... .......................................................................................... 5-4 d. Education Committee..........................................................................................................................534 e. Effective Date........................................................................................................................................54 f. Previous Benefits...................................................................................................................................54 B. ACTING ASSIGNMENTS.................................................................................................................... 5 C. ADMINISTRATIVE APPOINTMENTS..................................................................................................... 64 1, Administrative Appointments..........................................................................................................................64 2. Pay Upon Completion of Administrative Appointment..................................................................................645 D. PAY UPON COMPLETION OF PARAMEDIC DUTIES............................................................................... 65 E, SPECIAL CERTIFICATION/SKILL PAY................................................................................................. 75 1. State Board of Fire Service Certification........................................................................................................75 2. Paramedic Re-certification...............................................................................................................................5 3. Preceptors........................................................................................................................................................6 4. Firefighter Tiller Certification...........................................................................................................................76 a. Tiller Certification...................................................................................................................................86 b. Class B Driver License..........................................................................................................................86 C. Light Air Unit..........................................................................................................................................86 5. Hazardous Materials Team Responder..........................................................................................................86 6. Bilingual Skill.................................................................................................................................................8 67 7. Fire Protection Specialist .......... .................................................................................................................... 97-7 8. Level II Investigator........................................................................................................................................97 F. HOLIDAY PAY-IN-LIEU................................................................................................................... 118 G. LONGEVITY PAY.. .............................................................................................................................. 9 H. REPORTABLE TO PERS................................................................................................................. 128 ARTICLE VI — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT.....................................................................129 A. UNIFORMS PROVIDED BY CITY................................................................................................... 12 -149 B. UNIFORM ALLOWANCE/FITNESS................................................................................................. 12 44-9 C. UNIFORM CARE AND REPLACEMENT........................................................................................... 12 44-9 D. UNIFORM POLICIES AND ADVISORY COMMI.TTEE............................................................................ 13 4-0 E. REPORTABLE TO PERS................................................................................................................... 10 ARTICLE VII — HOURS OF WORK/OVERTIME................................................................................................13 1110 A. WORK SCHEDULE................................................................................................................... 1314 B. HOURS OF WORK - DEFINED.................................................................................................... 134244 44244 C. LEVEL PAY PLAN..................................................................................................................... 1 1. Twenty-four (24) Hour Shift Personnel...........................................................................................................11 HBFA 2007-1-23-08 Draft 85 -ii- 2/11/20081/28=08 i MOU TABLE OF CONTENTS 3. Lost Time Defined..........................................................................................................................................12 4. Forty (40) Hour Work Week...........................................................................................................................12 5. 4/10 Work Schedule Defined.........................................................................................................................12 D. OVERTIME/COMPENSATORY TIME............................................................................................ 154-342 1. Paid Overtime..........................................................................................................................................151312 2. Compensatory Time ............................... ........................................................... ........... .......................... 16441-3 a. Non-Exempt...................................................................................................................................161413 b. Staff Personnel..............................................................................................................................16 4-4-3 C. Compensatory Time Paid Off........................................................................................................161413 3. Callback..................................................................................................................................................17441 3 4. Mandatory Standby.....................................................................................................................................1744 5. Pagers....................................................................................................................................................174-54-4 6. Required Training Attendance .... ............................................................................................................ 174,444 7. Cancellation of Overtime........................................................................................................................171-514 8. Court Time..............................................................................................................................................181-614 9. Pay Out of Rank ........... ................................................ ................................................... ...................... .1846-4-5 E. JURY DUTY............................................................................................................................. 181 1-5 F. SHIFT EXCHANGE/RELIEF........................................................................................................ 181615 G. ASSIGNED SHIFT POLICY......................................................................................................... 191-61-5 H. MINIMUM STAFFING AND FILLING VACANCIES............................................................................ 19464-5 1. Minimum Staffing Levels........................................................................................................................194645 ARTICLE VI11— HEALTH AND OTHER INSURANCE BENEFITS.....................................................................20 171 A. HEALTH INSURANCE................................................................................................................ 201716 B. ELIGIBILITY CRITERIA AND COST.............................................................................................. 20 1. City Paid Medical Insurance — Employee and Dependents ................. ................................................... 2017-16 2. Employer Contributions to Health and Other Insurance Benefits...................................................................16 C. FUTURE PREMIUMS................................................................................................................. 214S47 D. PUBLIC EMPLOYEES MEDICAL AND HOSPITAL CARE ACT (PMHCA) OPTION ...................................... 17 E. MEDICAL CASH -OUT .................... .................................................................................... ............... 17 F. SECTION 125 PLAN......................................................................................................................... 17 G. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT................................................................ 224-917 1. Life..........................................................................................................................................................221947 2. Accidental Death and Dismemberment..................................................................................................224917 H. LONG TERM DISABILITY........................................................................................................... 22494-7 I. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL RETIREE SUBSIDY PLAN...................................................................................................................................... 22 9-1-8 J. POST-65 SUPPLEMENTAL MEDICARE COVERAGE.............................................................................. 18 K. MISCELLANEOUS.....................................................................................................................23204-9 L. VOLUNTARY HEALTH SAVINGS ACCOUNT.......................................................................................... 19 ARTICLE IX — RETIREMENT.............................................................................................................................242019 A. BENEFITS............................................................................................................................... 24 . 04-9 1. Public Employees' Retirement System...................................................................................................242019 2. Self -Funded Supplemental Retirement Benefit......................................................................................25242-0 3. Medical Insurance for Retirees...............................................................................................................25222-0 B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING ........................... 262322 1. Employee's Contribution.........................................................................................................................262322 2. Reporting of Base Salary........................................................................................................................272-32-2 C. REINSTATEMENT PRIVILEGES FOR DISABILITY RETIREES........................................................... 272322 ARTICLE X — LEAVE BENEFITS.......................................................................................................................272322 A. LEAVE WITH PAY..................................................................................................................... 272-322 1. Vacation..................................................................................................................................................272-3-22 HBFA 2007-1-23-08 Draft 85 -iii- 2/11/2008412812008 TABLE OF CONTENTS a. Accrual...........................................................................................................................................2724122 b. Eligibility and Permission...............................................................................................................28 2423 C. Conversion to Cash.......................................................................................................................29 2-524 d. Pay -Off at Termination...................................................................................................................292524 2. Sick Leave..............................................................................................................................................29 2-524 a. Accrual...........................................................................................................................................29 2,524 b. Pay -Off at Termination...................................................................................................................29 2624 C. Utilization in Conjunction with Industrial Disability Leave...............................................................302625 3. Leave Benefit Entitlements.............................................................................................................................25 4. Bereavement... ................................................................................................. _ .................................... 302625 5. Association Business..............................................................................................................................30 262 ARTICLE XI - CITY RULES...............................................................................................................................31 27-26 A. PERSONNEL RULES................................................................................................................. 3127-26 B. PRECEDENCE OF AGREEMENT................................................................................................. 31 27-26 C. LAYOFF RULES....................................................................................................................... 312726 D. EMPLOYEE EMPLOYER RELATIONS RESOLUTION(EERR).................................................................. 26 ARTICLE XII - MISCELLANEOUS.....................................................................................................................31 27-26 A. FIRE DEPARTMENT PROMOTIONAL EXAMS — POLICY D-10......................................................... 312 72-6 B. LIVING QUARTERS................................................................................................................... 31 2726 C. PAYCHECKS........................................................................................................................... 312726 1. Bi-Weekly Pay........................................................................................................................................312726 2. Paycheck Distribution.............................................................................................................................312726 3. Vacation Paycheck.................................................................................................................................32 D. CLASS B DRIVER'S LICENSE.................................................................................................... 32 242-7 E. FLEET MANAGEMENT PROGRAM.............................................................................................. 33292� F. DEFERRED COMPENSATION LOAN PROGRAM............................................................................ 33 242-7 ARTICLE XIII - MANAGEMENT RIGHTS..........................................................................................................33 2927 ARTICLE XIV - TERM OF MOU........................................................................................................................332927 ARTICLE XV - CITY COUNCIL APPROVAL......................................................................................................3 43028 EXHIBIT A - EMPLOYER -EMPLOYEE RELATIONS RESOLUTION363129 EXHIBIT B - CITY OF HUNTINGTON BEACH FIRE ASSOCIATION SALARY SCHEDULE 37323 EXHIBIT C - RETIREE SUBSIDY MEDICAL PLAN..........................................................................................533338 EXHIBIT D - TILLER CERTIFICATION.............................................................................................................583843 EXHIBIT E - INCOME PROTECTION PLAN.....................................................................................................59 3944 EXHIBIT F - 56-HOUR VACATION AND SICK LEAVE ACCRUAL - LEAVE BENEFITS (EXAMPLE) ..........60 EXHIBIT G - POLICY D-14, MINIMUM STAFFING AND FILLING OF VACANCIES................................................47 HBFA 2007-1-23-08 Draft 85 -iv- 2/11/200814 81 008 MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) and THE HUNTINGTON BEACH FIREFIGHTER'S ASSOCIATION (Hereinafter called ASSOCIATION or HBFA) September 25, 2004 2007 through September -June 24, 2072011 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* Firefighter Fire Captain Firefighter Paramedic Fire Engineer Fire Protection Specialist* Fire Development Specialist* *Administrative Appointments B. The City and Association have agreed to a procedure whereby the City, by and through the Human Resources Manegw-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 11— 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. 2/11 /2008112-812008 -1- FIRE MOU September 25, 2004 2007 — September -June 24, 20072011 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 n--MOU 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 For each year of this agreement, the base salary of each classification represented by the Association shall be as set forth in the Salary Schedules, Exhibit B. A. Wage Increases: 1. Effective September 25, 2004 the beginning of the pay period that includes September 25, 2007, all bargaining unit employees shall receive a 41% (four percent) two and one-half percent (2.5%) wage increase, except that employees in the classification of Fire Captain shall receive an additional two percent (2%) wage increase, for a total wage increase of four and one half percent (4.5%). 2. EffectiveT,,he, 24, a, the beginning of the pay period that includes March 24, 2008, all bargaining unit employees shall receive a two and one- half percent (2.5%) 01 rt^� �r r,nrGent ` wage increase. 3. Effective the —beginning of the pay period that includes September 23, 28062008, all bargaining unit employees shall receive a 24-{perc-anH three percent (3%) wage increase. 4. EffeGtiye Effective the beginning of the pay period that includes-h--2-4-, 2087, March 23, 2009, all bargaining unit employees shall receive a two and one-half percent (2.5%) ° fGe-R }-wage increase. 5. Effective the beginning of the pay period that includes September 22, 2009, all bargaining unit employees shall receive a three percent (3%) wage increase. 6. Effective the beginning of the pay period that includes March 22, 2010, all bargaining unit employees shall receive a two percent (2%) wage increase. HBFA 2007-1-23-08 Draft 85 -2- 2/111200811281.. FIRE MOU September 25, 20042007 — Seepatember June 24, 20072011 7. Effective the beginning of the pay period that includes September 21, 2010, all bargaining unit employees shall receive a two percent (2%) wage increase. 8. Effective the beginning of the pay period that includes March 21, 2011, all bargaining unit employees shall receive a two and one --half percent (2.5%) wage increase. -tit =--I FIRE IUIOU September 25, 2007 - September pune 24, 20072011 -• s_�-.-,I. 41 . -g ARTICLE V - SPECIAL PAY A. Education: 1. Incentive Plan - It is the purpose and intent of the City to provide an 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 ce the levels of additional education listed below are satisfactorily completed and attained, the employee will receive additional monetary compensation in recognition of his/her educational achievement. Any • • who t w4h-4h,—Gity af-44untin����attained an Associate of 5-6enGe—Degree, or attainedning Junior status in a degree shall receive an a �►;�a rr, ra MarGh 24, �• ++ a :. e..♦ _ rr a.. Z t r•, s16.15 a s. a a . r s a a. ♦ • .r .� ..: -.,. -r educational incentive pay of three percent (3%) of his/her base rate of pay. An employee may only receive this education incentive pay for one degree. b. Level II - Any employee who has - r -years-f ® i.l tha ., „ �t®.. ��, +^�, a�rti end has attained a Bachelors Degree in Fire Administration, Public Administration, Public Policy or an equivalent degree as determined by the Education Committee and Fire Chief- aF an of t---- r ' e--a i ti - °at-- i- y- s ` ANa" exi be-g!nning4%afG"4,--2007, . rovers ' eri�l -, of .67% o i�ef� t r e of F-r fit . -- it is the int t r e--af rank -will receive education incentive pay of six percent (6%) o his/her base rate of pay. An employee may only receive this education incentive pay for one degree. HBFA 2007-1-23-08 Draft 85 -4- 2/1112008112812008 FIRE MOU September 25, 2007 — Se tembe-F-June 24, 20072011 c. Maximum Education Incentive Pay - The maximum education incentive pay an employee may receive is six percent (6%) of his/her base rate of pay for a Bachelors Degree. cd. Degree Majors — Degree majors in an equivalent course of study other than Fire Science, Fire Administration, or Public Administration, or Public Policy shall be approved in advance by the Education Committee. de. Education Committee — An Education Committee shall be farmed established and shall be composed of three (3) members. Of said three (3) members, one shall be appointed by the Association, one appointed by the Fire Chief, and the third shall be the Human Resources Manage Director. ef. Effective Date — Following Ccertification— by the Education Committee, the additional education incentive pay Gemper�safion--pa-y shall begin --commence the beginning of the pay period following GeFtifiGationthe employee's submission of a completedthe application that qualifies for education incentive pay. fg. 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 "AA." if any. B. Acting Assignments - Employees acting in a higher classification, w p-shall be properly qualified and compensated in accordance with the City Personnel Rules:, shall be `+onsidered equivalent to the req �irnri nfoc cifirotion � c�z+ rrccrr'rcr-sus r r sara-c�4r r HBFA 2007-1-23-08 Draft 85 -5- 2/1112008112 08 FIRE MOU September 25, 2004 2007 - September June 24, 20072011 C. Administrative Appointments: 1. Administrative Appointments - The City may, from time to time, administratively appoint employees to administrative or specialist positions. The per6^�ne1 Employees so appointed to the positions of Captain Paramedic, Engineer Paramedic, Deputy Fire Marshal, -and Fire Protection Specialist or Fire Development Specialist -shall serve at the discretion of the Fire Chief. An administrative appointment shall not affect the employee's regular classification or rank. Persons administratively appointed to these POSitiORS 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 Captain Paramedic, Engineer Paramedic, Deputy Fire Marshal, and Fire Protection Specialist, or Fire Development Specialist who is subsequently +s 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 of the original reduction thereafter, until their rate of pay equals the rate of pay entitled as if they had not received the administrative appointment. b. Any employee administratively appointed erapt to the positions of Captain Paramedic, Engineer Paramedic, Deputy Fire Marshal, and Fire Protection Specialist -or Fire Development SpeciaistSpecialist 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 di inar-y -demotions or layoffs. D. Pay Upon Completion of Paramedic Duties - Any Firefighter 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 salary range, his/her salary will be Y-rated and will not change until it no longer exceeds Step E of the respective Firefighter salary range. HBFA 2007-1-23-08 Draft 85 -6- 2/11/20081 t7S2$,z 200e2008^�'8 FIRE MOU September 25, 2004 2007 - September June 24, 20072011 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 dise+pUnary-demotions or layoffs. E. Special Certification/Special Assignment Skill Pay: 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 lump sum 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 assigned as a Firefighter Paramedic is re -certified by the State of California as a Paramedic, the Firefighter Paramedic shall be entitled to a lump sum cash payment of five hundred dollars ($500). Each time a Fire Captain or Fire Engineer is re -certified by the State of California as a paramedic, the employee shall be entitled to a lump sum cash payment of five hundred dollars ($500). Eligible employees are Fire Engineers or Fire Captains who currently possess a State of California Paramedic License and/or are re -certified by the State of California as a Paramedic to practice as a Paramedic. Re -certification pay for Captains and Engineers shall be limited to thirty (30) positions. The City will allow Fire Engineers and Fire Captains who are certified by the State of California as a paramedic to maintain local (Orange County) accreditation and to practice as a paramedic based upon established department standards. 3. Preceptors - Firefighter Paramedics who possess the qualifications necessary to be a preceptor and are assigned preceptor duties by the Fire Chief or his/her sworn designee shall be paid the equivalent e+ thirty dollar ($30 00) per twenty f , ern .F(24)__Throur shift. Effective -pay -period beginRiRg- Mar-, —24, 2007 the i'e y sha. mivert the -above payrneR+ +^ a special pay of 5.34% of the base hourly rate of Firefighter Step E for each hour worked. It is the intention to provide all eligible Firefighter Paramedics the same dollar value in this special pay. 4. Firefighter Tiller Certification - Firefighters that obtain and maintain the certifications i and qualifications as outlined in (a) through (cam) gbelow shall receive y Siix d0llarcr�--and fifteen ceRt�s•-�IQ'�1}i-�,v-rS-J,_�. i weekly pay-E- feucrii`,''e pay periled inRiRg Mar-ah 24, 2-t0-7, +,�e 10i `vvti�My payment Of $'A6.15 shall GGRyerteri to a special pay of 1.78% of the bi-weekly base rate -of Firefighter HBFA 2007-1-23-08 Draft 85 -7- 2/11/2008 FIRE MOU September 25, 2004 2007 — September -June 24, 20072011 Step E. It is the intention to provide all eligible Firefighters the same dollar value in this special pay. 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 D. a .n.. •. w w '. a. w a w a w ! w i t •• !•.. w w a a. � w _ :: a� 1 � • • 5..... � • a.�. . .. aw w =••w.• � a. 1. . w w: w.w w..w !a as 11 ■ I si. •.�. � r;a w. •.. !' wa a a. .! w.a • _w a,. .'. w • •. .•,a w.. ._ l.. •. 65. Bilingual Skill Pay - P-ern4anent—eEmployees who are qualifiedand—may be called upon to use Spanish, Vietnamese, or Sign Language skills shall be paid an additional five percent (5%) of their basis--heudy ratebase rate of pay in addition to their regular bi-weekly salary. Additional languages may be approved at the discretion of the Fire Chief. Permanent employees Employees may accept assignments utilizing bilingual skills in other languages on a short-term assignment with approval by the City Administrator. Such employees shall receive the additional five percent (5%) of their base rate of pay for the every b+-wee-kty--pay period that the assignment is in effect. In order to be qualified and certified for said compensation, employee's language proficiency will be tested and certified by the Human Resources Manager or designee. Basic conversational proficiency will be evaluated based on response to a scenario driven oral evaluation. Human Resources will notify candidates of the results of the oral evaluation. If the candidate's attempt is unsuccessful, he/she may repeat the process in six (6) months time from the date of the previous exam. Bilingual skill pay shall begin the first day of the pay period following certification. Employees certified and receiving bilingual skill pay for American Sign Language shall be required to re -certify bilingual skills with the Human Resources Manager or designee every five (5) years. HBFA 2007-1-23-08 Draft 85 -8- 2111/2008112-812 FIRE MOU September 25, 2004 2007 - September June 24, 20072011 7--.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 si-one year (16) menths-year of appointment as a Fire Protection Specialist. 7.. Level II Investigator - The Level II Investigator salary rate will be adjusted 11 % resulting in the following assigned salary adjustment: a. Fire Protection Specialists assigned to a 56-hour suppression work schedule, regardless of the suppression rank, while on duty and temporarily reassigned to Level I responsibilities will be compensated at the Fire Protection Specialist 56-hour salary rate, for each hour temporarily assigned. b. Fire Personnel assigned to a 40-hour non -suppression work schedule, while on duty and temporarily reassigned as a Level II Investigator, will be compensated to 22 ranges above a Fire Protection Specialist for each hour temporarily assigned. C. Fire Suppression personnel, off duty and temporarily assigned as Level II Investigator, will be compensated 22 ranges above Fire Protection Specialist rate at time and one-half. d. Fire Suppression personnel, while on duty and temporarily reassigned to Level II Investigator, will be compensated 22 ranges above the Fire Protection Specialist rate at a 56-hour salary rate for each hour temporarily assigned. 8. Urban Search and Rescue (USAR) Team Assignment Pav a. Employees certified and assigned to a Type 3 (Light Duty) USAR team shall receive a -special assignment pay of one percent (1 %) of their base rate of pay. b. Employees certified and assigned to a Type 2 (Medium Duty) USAR team shall receive a special assignment pay of three percent (3%) of their base rate of pay. 9. Hazardous Materials (Hazmat) Team Assignment Pay HBFA 2007-1-23-08 Draft 85 -9- 2/11/2008112812008 FIRE MOU September 25, 2004 2007 - Septe f,ber'June 24, 20072011 a. Employees assigned to the Hazmat team as a Hazmat Technician shall receive a -special assignment pay of five percent (5%) of their base rate of pay. b. Employees assigned to the Hazmat team as a Hazmat Specialist shall receive --a special assignment pay of seven and one-half percent (7.5%) of their base rate of pay. 10. Rank Paramedic Assignment Pay - Employees in the classification of Fire Engineer and Fire Captain who are assigned to perform paramedic duties shall receive special assignment pay of fourteen percent (14%) of their base rate of pay. 11. Special Certification Pay - Employees who have obtained the following special certifications shall receive special certification pay as follows: a. Advanced Paramedic Certification - Each employee who possesses a current certification of (1) Advanced Cardiac Life Support, (2) Pediatric Advanced Life Support or Pediatric Education for Prehospital Personnel and (3) Pre -Hospital Trauma Life Support or Basic Trauma Life Support; shall receive special certification pay of one percent (1 %) of their base rate of pay. b. Chief Officer Certification - Employees in the classifications of Fire Captain and Deputy Fire Marshall who are certified by the California State Fire Marshal'sl Ooffice as Chief Officer shall receive -a special certification pay of three percent (3%) of their base rate of pay. c. Fire Officer Certification - Employees in the classifications of Firefighter, Firefighter Paramedic, Fire Engineer, Fire Protection Specialist and Fire Development Specialist Captain and Deputy Fire fifla,.,�-shag-who are certified by the California State Fire Marshal'sl oOffice as Fire Officer shall receive a ---special certification pay of three percent (3%) of their base rate of pay. All special certification/special assignment/ -skill pay provided in Article V (E) shall be effective the beginning of the first full pay period following certification. The certification process shall be as follows: 1. Employees shall complete an Official Report including evidence that the employee has completed all required courses necessary to receive the certifications noted above. 2. Upon approval of the Fire Chief, the Official Report shall be submitted to the Education Committee for approval. 3. The effective date of the certification pay as defined above shall begin as defined in Article V.A.1.f. HBFA 2007-1-23-08 Draft 85 -10- 2/11/200811284008 FIRE MOU September 25, 2004 2007 — epternbeF June 24, 20072011 F. Holida Pay -In -Lieu - Permanent, full time eEmployees shall be compensated by the City in -lieu of the ten (10) listed holidays at their appropriate assigned work schedule rate, either at a forty -hour (40) or fifty-six hour (56) workweek. Employees assigned to the 40-hour workweek shall be compensated eight (8) hours per holiday. Employees assigned to the 56-hour workweek shall be compensated eleven hours and twelve minutes (11.2) hours per holiday. Personnel who change from a fifty-six (56) hour schedule to a forty (40) hour schedule shall multiply the existing hours by .7143. Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing hours by .7143. 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) 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 holidays set forth in Section Fa-. of this Article, shall not be entitled to time off or overtime. G. Longevity Pay - €ffeEtive September 23, 2006, a#All unit employees with the following full time, continuous service in the City of Huntington Beach shall receive the following longevity pay: HBFA 2007-1-23-08 Draft 85 -11- 2/11/2008112812008 FIRE MOU September 25, 2094-2007 - September -June 24, 20072011 1. Five (5) years or more, but less than ten (10) years, of service shall receive longevity pay equal to 2.5% of base salary 2. Ten (10) years or more, but less than twenty (20) years, of service shall receive longevity pay equal to 5% of base salary 3. Twenty (20) years or more of service shall receive longevity pay equal to 7.5% of base salary H. Reportable to PERS - Subject to the Public Employees Retirement Stat"law and Regulations, compensation paid as a result of this Article shall be reported to CalPERS as salary. ARTICLE VI - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. Uniforms Provided by City - The City will provide all pe-rs -Aemployees with uniforms as described in the most current Policy C-2., (Uniforms) executed by the pa#i ssCity and HBFA. B. Uniform Allowance/Fitness - City shall provide each employee who participates in the Fire Department's current physical fitness program, Policy D-9, oat-FF+tne a4�n one hundred fifty dollars ($150) per fiscal year for the purchase of physical fitness uniforms and physical fitness shoes, payable in the first payroll period of December. New employees must actively participate a minimum of 90 days prior to December 1st to be eligible for the December uniform allowance. C. Uniform Care and Replacement: 1. The City at no cost to the employee, shall replace any uniforms with the exception of the physical fitness uniforms that are destroyed, become unacceptable, or were damaged by circumstances involving the Firefighter's regular work while on duty. 2. The uniforms described in paragraph A of this Article and Policy C-2 (Uniforms)- shall be replaced by the City whenever the Fire Chief or his/her sworn designee repFeseetative -determines that such replacement is necessary. 3. The employee shall be responsible for the preservation and cleaning of all uniforms. 4. All uniforms and equipment furnished by the City, with the exception of T- shirts, shall remain the property of the City and be returned or replaced if the employee terminates. HBFA 2007-1-23-08 Draft 85 -12- 2/11/20081-/=20f=m?0 FIRE MOU September 25, 4 2007 — September -June 24, 2 2011 D. Uniform Policies and Advisory Committee: The present uniform and clothing policies, as delineated in this Article, shall remain in effect until the Fire Chief or his/her sworn designee and the Association mutually agrees 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 - The City will report as special compensation, in accordance with Title 2, California Code of Regulations, Section 571(1)(5) to the California Public Employees' Retirement System (CalPERS), for each classification the average annual cost of uniforms provided by the City as well as the physical fitness uniform described in Subsection (B). For employees who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. Upon request, the City will inform HBFA of the amounts reported as special compensation ; under this provision. ARTICLE VII — HOURS OF WORK/OVERTIME A. Work Schedule: 1. All twenty-four (24) hour shift employees shall work an average of fifty-six (56) hours per week pursuant to the current schedule of five (5) twenty-four (24) hour shifts in a fifteen (15) day period with six (6) consecutive days off 2. All twenty-four (24) hour shift employees shall be on a fifteen (15) day work period consistent with the 7(K) exemption set forth in the Fair Labor Standards Act (FLSA). 3. Fire Prevention staff and administrative work schedules are to be forty (40) hours per week on a four (4) day workweek, ten (10) hours per day, twenty eight (28) day 7(K) FLSA work period. B. Hours of Work - Defined: 1. Hours worked shall be defined as actual time worked, approved vacation, sick leave, compensatory time off, bereavement leave, and industrial injury or illness leave, with the exception of exchange of shift not being included. HBFA 2007-1-23-08 Draft 85 -13- 2/1112008112912008 FIRE MOU September 25, 2007 —_Sep June 24, 200720111 2. Exchange of shifts shall occur at 0800 hours each day . Ho,� sn y arrive suffii�ra-i� �- and comply with Fire Department Rules and Regulations, Policy B-2. 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 bG I„Pr mod --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 at the fire stations r � or as provided in the current fitness policy D-9. Fitness activities shall be conducted under supervision as appropriate. 5. An employee who is held over beyond the end of his/her regular shift shall be compensated for the actual time he/she is required to remain on duty, computed to nearest 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 sworn designee. C. Level Pay Plan: 1. Twenty-four (24) Hour Shift Personnel —The 15 day FLSA work period shall begin at 8 a.m. on the first shift worked by the A shift following six days off. There shall be 14 FLSA work periods for every fifteen 14 day pay periods. Each employee shall be regularly scheduled to work 1680 hours during each cycle of 14 FLSA work periods (or fifteen pay periods). All hours worked in excess of 110 hours in an FLSA work period shall be compensated at the premium rate (one and one half times the regular rate of pay), so that for every cycle of 14 FLSA work periods, an employee shall receive 140 hours of premium pay for working regularly scheduled hours. All regularly scheduled non "lost time" hours shall be counted as hours worked. Each employee assigned to twenty-four shifts for a full FLSA work period shall receive 102.67 hours of regular pay and 9.33 hours of pfemiumat the overtime rate of pay, as defined in subsection D.1.a.-of this Article, in each bi-weekly pay period, which shall compensate the employee for FLSA overtime for regularly scheduled shift work. The intent of this system is that all FLSA overtime hours worked shall be compensated by the first payday following the end of the 15 day FLSA work period. In the event that an employee receives FLSA overtime on a payday before that employee has actually worked FLSA overtime hours, the amount received shall be credited for FLSA purposes HBFA 2007-1-23-08 Draft 85 -14- 2111/20081128120OR FIRE MOU September 25, 2404-2007 — Septernb er June 24, 20072011 toward the next occasion on which the employee works FLSA overtime. If an employee who is paid FLSA overtime in advance of working FLSA hours leaves City employment, there shall be an adjustment in his/her final paycheck to reflect such advance payment. 2. In addition to the premium overtime pay as provided in subsection 1 above, twenty-four (24) hour shift employees shall receive premium pay at the overtime rate 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 3yovertime pay for only those overtime hours worked in excess of the number of lost time hours in the bi- weekly pay period. 3. Lost Time Defined — "Lost time" is defined as time when the employee does not work when regularly scheduled to do so and does not receive a leave of absence with pay. 4. Forty (40) Hour Work Week — Personnel who are not assigned to twenty-four hour shifts but are assigned to work forty (40) hours per week shall have a twenty-eight (28) day FLSA work period, which shall correspond to exactly two City pay periods and shall begin at the same time as a City pay period. Forty (40) hour personnel shall continue to receive . , ayovertime pay for working hours in excess of their regularly scheduled hours. 5. 4/10 Work Schedule Defined — The 4/10 work schedule shall be defined as working four (4) days at ten (10) hours per day in an FLSA designated work week. The FLSA designated work week shall be defined as Saturday 8:00:00 a.m. to Saturday 7:59:59 a.m. Meal periods are regarded as hours worked for personnel who are subject to call for emergency duty. All employees on the 4/10 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Administrator, Department Head or designee may require such service from said employees. D. Overtime/Compensatory Time: 1. Paid Overtime: a. All employees covered by this MOU shall be eligible for overtime pay at one and one-half (1 %) times their preniumheu-r4y regular rate of pay, as defined by the Fair Labor Standards Act (FLSA), 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 higher classification shall be compensated at the rate of pay consistent with the HBFA 2007-1-23-08 Draft 85 -15- 2111120081 28 2008 FIRE MOU September 25, 20042007 - September June 24, 2O 72011 classification worked. An employee who works overtime in a different lower classification shall be compensated at the a- rat lower: claSc;{,,,,rGat R-shall-be cOmpeeaated at the rate attendant to his/her regular classification. c. The City will maintain and adhere to the overtime system as set out in the most current Policy D-3 executed by the parties. The overtime system and/or Policy D-3 may be modified by mutual agreement of the parties at any time during the term of the MOU. 2. Compensatory Time: a. Non -Exempt - All overtime worked by non-exempt employees shall be compensated at the employee's overtime premium haurly rate of pay and shall not be compensated by compensatory time off. b. Staff Personnel - For all employees in the classifications of Fire Protection Specialist, Fire Development Specialist and Deputy Fire Marshallstaff persORRGI r,OS twos, 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 or designee, 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 approvalper„,a,ssiGn of the Fire Chief or his/her sworn designee, which permission shall be granted unless granting the request will unduly disrupt the Department, or unless denying the request will violate the FLSA. 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 pre regular #out -rate of pay. 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 or his/her sworn designee, the City may be eligible for reimbursement from another agency for said cash payment. c. Compensatory Time Paid Off - Immediately prior to the time of any change in the salary schedule, any accumulated time, which has not been used or paid off, shall be eligible to be paid in cash at the tl e—prami HBFA 2007-1-23-08 Draft 85 -16- 2/11/2008112 FIRE MOU September 25, 2004�2007 - September June 24, 20072011 regular rate of pay based upon the salary schedule for forty (40) hour per week personnel 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 e n- at the employee's overtime rate of pay. 4. Mandatory Standby - Any employee may be placed on "mandatory standby" by the Fire Chief or his/her sworn 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. agers-Electronic Communication Devices - Recognizing that pefsonal pageTselectronic communication devices are part of the Fire Department's business and emergency alerting system, pis -electronic communication devices 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 an electronic communication device personal while on such standby. An employee placed on mandatory standby may voluntarily wear an electronic communication device page , 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. Electronic communications devices, as described above, shall not include cell phones. Members assigned to special staff or prevention duties and voluntarily receiving other types of consideration (i.e., twenty-four (24) hour assigned vehicle) may be required to wear pagers and respond while off duty when within pager call range. 6.. Required Training Attendance - An employee who is required to attend a class or seminar to maintain his/her current position shall have his/her related expenses paid by the City. When attendance occurs at a time when the employee is not scheduled to work, he/she shall be compensated on an hourly basis. 7. Cancellation of Overtime - Any employee who is scheduled to work overtime in advance of the time set forth for such scheduling in Huntington Beach Fire Department Organization Manual, Policy D-3 which scheduling is subsequently cancelled less than seventy-two (72) hours in advance of the commencement of the scheduled overtime shift, shall receive a minimum of two (2) hours pay at the employee's overtime rate. of pay on an heuFly b HBFA 2007-1-23-08 Draft 85 -17- 2/11/2008112812008 FIRE MOU September 25, 2007 - September June 24, 20072011 8. Court Time: a. Employees placed on standby for a court appearance involving City business during other than their scheduled working hours shall receive a minimum of two (2) hours straight timebase rate of 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 tirm«�ane-haffthe overtime rate; provided, however, that if such time overlaps with the employee's scheduled working hours, said pr t pay 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 -hal overtime 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. 9. Pay out of Rank- Subject to the approval of the Fire Chief or his/her sworn designee, an employee may voluntarily work in a classification below his/her rank. Pay Out nf Rank SubjeGt tG the appreval of the Fire Chief or Nsiher sworn designee, an ernpleyee .. .. Gempensation fer hours werkedordered) shall be paid at the ..... yee's regular Fate of pay. E. Jury Duty - Employees who are summoned to perform jury service shall be entitled to their regular compensation while serving; provided the fees, except mileage and subsistence allowance, if any, which they receive as jurors, are remitted to the City. F. Shift Exchange/Relief: 1. The Fire Department shall allow Association members' exchanges of schedule pursuant to the most current Policy D-7 of the Huntington Beach Fire Department Organization Manual that has been executed by the parties. Policy D-7 (Exchange of Work 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. HBFA 2007-1-23-08 Draft 85 -18- 2/11/2008112812"^^" 8 FIRE MOU September 25, 2004 2007 — September -June 24, 20072011 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 defined by Policy D-14, Minimum Staffing and Filling of Vacancies, a copy of which is attached as Exhibit H and incorporated by reference herein: HBFA 2007-1-23-08 Draft 85 -19- 2/11/2008112812008 FIRE MOU September 25, 2004 2007 — September June 24, 20072011 ARTICLE VIII — HEALTH AND OTHER INSURANCE BENEFITS A. Health Insurance: 1. The City shall continue to make available group health, dental and vision benefits to all HBFA employees. tt .. ... ■��71G7S .. ..m a w M I WIT ! B. Eliaibility Criteria and Cost: 1. City Paid Health Insurance — Employees and Dependents - An employee, eligible dependents, and qualifying domestic partners per state law, shall become eligible to participate in the City's insurance plan described below effective the first of the month following the employee's date of hire. Any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates. 2. Employer Contributions to Health and Other Insurance Benefits - The City's maximum monthly employer contributions for health and other insurance premiums is set forth in the charts below. e HBFA 2007-1-23-08 Draft 85 -20- 2/11/2008 FIRE MOU September 25, 2004 2007 - Septemberjune 24, 20072011 2008 Health Premiums and Contributions - HBFA Effective 01/01/08 ti ontlly ERbMorittily : EE�Monthly . EE,Bi-Weekly :Plan Premium Cgntrb Contri r .:,g, _Cbntrib Single 316.16 274.03 42.13 19.44 Kaiser Two -Party 692.38 555.51 136.87 63.17 Family 910.54 720.18 190.36 87.86 Single 388.83 274.03 114.80 52.98 Blue Shield HMO Two -Party 847.37 555.51 291.86 134.70 Family 1,096.88 720.18 376.70 173.86 Single 507.93 373.77 134.16 61.92 Blue Shield PPO Consolidated Two -Party 1,073.84 702.25 371.59 171.50 Family 1,330.81 851.34 479.47 221.29 Single 404.88 373.77 31.11 14.36 Blue Shield Spectrum PPO Two -Party 827.69 702.25 125.44 57.90 Family 1,082.10 851.34 230.76 106.50 Single 57.86 42.88 14.98 6.91 Delta Dental PPO Two -Party 108.02 81.82 26.20 12.09 Famil 142.36 116.36 26.00 12.00 Single 24.87 23.00 1.87 0.86 Delta Care HMO Two -Party 42.29 39.11 3.18 1.47 Fa-mily 64.67 59.81 4.86 2.24 JAG A' Single 22.93 17.58 5.35 2.47 VSP Two -Party 22.93 17.58 5.35 2.47 Family 22.93 17.58 5.35 2.47 In no event shall the employee be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee. C. Future Premiums - The City "caps" its contributions toward monthly group health, dental and vision plan premiums, by category (EE, EE + 1, and EE + 2 or more) and plan, at the year 2005 2008 level. Until the City Council approves a successor to this Memorandum of Understanding, the City's 2005 2008 contribution caps will remain in place in 2005 2008 and beyond, even if premium increases result in these additional costs being borne by the employee. HBFA 2007-1-23-08 Draft 85 -21- 12/11/20081129/2008 FIRE MOU September 25, 2004 2007 - September June 24, 20072011 D. Public Employees' Medical and Hospital Care Act (PEMHCA) OPTION - Notwithstanding the above, the Association has the right to select Public Employees' Medical and Hospital Care Act (PEMHCA) medical insurance coverage under the same terms and conditions as other participating employee associations representing safety employees of the City, provided the City continues to offer PEMHCA insurance to any of its safety employees. The option must be exercised within thirty (30) days after receipt by HBFA; of the initial premium rates for the following year, as provided by the City. E. Medical Cash -Out - If an employee is covered by a health program outside of a City - provided program (evidence of which must be supplied to the Employee Benefits Division the employee may elect to discontinue City health insurance coverage and receive ninety-two dollars and thirty-one cents ($92.31) bi-weekly to deposit into the employee's deferred compensation account or any other pre-tax program offered by the City. F. Section 125 Plan — Employees shall be eligible to participate in a City approved Internal Revenue Code Section 125 Flexible Spending Plan; under the same terms and conditions as all other eligible City employees. This plan allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or non -reimbursable medical expenses. G. Life and Accidental Death and Dismembe 1 . Life - The City shall provide i•• (fifty thousand dollars) Life Insurance plan for h:.. - • • -- •�a this ktQU The - _ ;;m teint.,; •'.I been bas.a r the age/wage s •r a r G a.+. a-. of the GeFtifiGate Of GGV8rage are available iR the Employee Benefits Division. EffeGtiVe January 1, 2005, the City shall inr_,rP_aqi_;P_ the benefit tG fifty thou dollars ($50,000) in lieu ef the 2. Accidental Death and Dismemberment - The City shall provide a fifty thousand dollars ($50,000)n Accidental Death and Dismemberment Insurance plan for each employee.S GOV8red-bythi ns-MO shall have a benefit amour e# fiy thousand dellaFs ( 0,000)- H. Long Term Disability - The City shall pay to the Association on behalf of each employee covered by this MOU, on a monthly basis, an amount not to exceed thirty- eight dollars ($38.00) per member for a Long Term Disability policy. The program shall be subject to the terms and conditions contained in Exhibit E. I. Retiree Medical Coverage for Retirees Not Eligible for the City Medical Retiree Subsidy Plan - Employees who retire from the City after January 1, 2004, are granted a retirement allowance by the California Public Employees' Retirement System and are not eligible for the City's Retiree Subsidy Medical Plan, may choose to participate HBFA 2007-1-23-08 Draft 85 -22- 2/11/2008112 FIRE MOU September 25, 2004 2007 - C.epternber June 24, 2 W2011 in any ensered-health insurance plans available to all active employees in this bargaining unit; until the first of the month in which they turn age sixty-five (65). The retirees shall pay the full premium for any City spons a health insurance for themselves and/or qualified dependents without any City subsidy. Employees who retire from the City, receive a retirement allowance from the California Public Employees' Retirement System, are not eligible for the City's Retiree Subsidy Medical Plan and choose not to participate in City spop6ofe-d-medical insurance plans available to eligible retirees in this bargaining unit -upon retirement, will permanently lose eligibility for this insurance. However, if a retiree who is not eligible for the City's Retiree Subsidy Medical Plan chooses not to participate in City SPORGOred available medical insurance plans because the retiree has access to other group medical insurance, and subsequently loses eligibility for that group medical insurance, the retiree and their qualified dependents will have access to City- spensered-medical insurance plans available to retirees eligible for reinstatementd. Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or qualified dependent turns age sixty-five (65). J. Post-65 Supplemental Medicare Coverage - Retirees who are participating in the Retiree Subsidy Medical Plan as of January 1, 2004 and all future retirees who meet the criteria to participate in City spense-redavailable medical insurance, with or without the Retiree Medical Subsidy Plan, may participate in City SnOnc„rndavailable medical insurance plans that are supplemental to Medicare, A retiree or qualified dependent must choose to participate in available City sponsored -medical insurance plans that are supplemental to Medicare beginning the first of the month in which the retiree or qualified dependent turns age sixty-five (65). The retiree shall pay the full premium to participate in City spenseredavailable medical insurance plans that are supplemental to Medicare for themselves or qualified dependents without any City subsidy. Retirees or qualified dependents, upon turning age 65, who choose not to participate in City spenseredavailable medical insurance plans that are supplemental to Medicare permanently lose eligibility for this insurance. K. Miscellaneous: HBFA 2007-1-23-08 Draft 85 -23- 2/11/2008112812008 FIRE MOU September 25, 2004 2007 — September June 24, 20072011 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. • HIN YOUTINIUM—M, ! a •: • i • • a i a a • a • s. • • • • �. a • ! ! • •. 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 "3%" at age 50 plan" which is based on the retirement formula as set forth in the California Public Employees' Retirement System (PERS), Sections 21362.2 of the California Government Code, including the one-half continuance option (Government Code Sections 2126321624 and 21263.1 1626) for safety employees and the Fourth Level of the 1959 survivor option for all employees as established by the California Public Employees' Retirement System, Section 21382 21571 of the California Government Code. b. If, at any time after the implementation of the 3% at age 50 formula the City is required to make retirement contributions with respect to employees represented by the Association, the amount with respect to which each employee is reimbursed pursuant to Article IX.B.1 shall be reduced by a percentage equal to one-half of the percentage of compensation earnable the City is required to pay in retirement contributions to PERS, not to exceed 2.25%. For example, if the City is required to contribute an amount equal to 2% of each employee's "compensation earnable," the amount of the reimbursement set forth in Article IX.B.1 shall be reduced from 9% of the employee's compensation earnable to 8% of the employee's compensation earnable. If, on the other hand, the City is required to contribute an amount equal to 8% of each employee's "compensation earnable," the amount of the reimbursement set forth in Article IX.B.1 shall be reduced to 6.75% of the employee's compensation earnable. HBFA 2007-1-23-08 Draft 85 -24- 2/11/200841'8,��'M FIRE MOU September 25, 2004 2007 — Septembef-June 24, 20072011 c. The City shall contract with PERS to have retirement benefits calculated based upon the employee's highest one year's compensation, pursuant to the provisions of Section ''�4.220042 (highest single year). d. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU e. The City shall amend its contract with PERS to include the Pre -Retirement Optional Settlement 2 Death Benefit as set forth in California Government Code Section 21548 for all safety employees represented by the Association within the term of this agreement. 2. Self -Funded Supplemental Retirement Benefit: a. In the event a member elects Option #2 (Government Code Section 2133321456) or Option #3 (Government Code Section 2133421457) 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 C+ty sp�aseredavailable plans: 1) With no change in benefits, retirees can stay in any of the plans offered by the City, to active members in this bargaining unit, at the retiree's own expense, for the maximum time period required by Federal Law (COBRA), or 2) Early retirees (under age 65) may participate in the City sponse ed available health plans currently being offered to active employees. HBFA 2007-1-23-08 Draft 85 -25- 2/11/2008 '. FIRE MOU September 25, 2007 — SepteJune 24, 20072011 3) Retirees over age 65 may participate in the Post-65 Supplemental Medicare Coverage described in Article VIII.I. 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. B. Public Employees' Retirement System Reimbursement and Reporting: 1. Employee's Contribution — Subject to the limitations contained in Article IX A 1.b each safety employee covered by this MOU shall continue to be reimbursed nine percent (9%) of the employee's reportable compensation as the City's payment toward the employee's contribution to the Public Employees' Retirement System (PERS). HBFA 2007-1-23-08 Draft 85 -26- 2/11/2008 =4M FIRE MOU September 25, 2004 2007 — Septernber-June 24, 2-0872011 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. 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 — If a retiree seeks to cause PERS to revoke his/her disability retirement on the grounds that he/she is no longer incapacitated from performing the duties of the position held at the time of retirement, the City will not certify that he/she is no longer incapacitated from performing those duties until the employee passes the Departmental physical agility test. If PERS revokes his/her disability retirement, the City shall immediately reinstate the employee at his/her former position and pay step. ARTICLE X — LEAVE BENEFITS A. Leave with Pay: 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 eEmployees shall accrue annual vacations at their appropriate assigned work schedule rate, either forty hour (40) or fifty- six hour (56) workweek. Paychecks will identify the accrued vacation (Accrued) and accrual rate (Constant) based on their actual work schedule, either a forty (40) hour or fifty-six (56) hour schedule. In the event of a change in work schedules, personnel will have their accrued vacation (Accrued) and accrual rate (Constant) changed to the new schedule using the conversion factor .7143 (40 _ 56). Personnel who change from a fifty- six (56) hour schedule to a forty (40) hour schedule shall multiply the existing hours by .7143, (see Exhibit G). Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing hours by .7143. Personnel shall accrue annual vacations at the following rates': ' For a detailed explanation regarding conversion refer to Exhibit F Hl3FA 2007-1-23-08 Draft 85 -27- 2/11/2008 8 FIRE MOU September 25, 240 2007 — September rune 24, 2007 011 For the first four (4) years of continuous service vacation time shall be accrued at the rate of one hundred and twelve (112) hours per year for forty (40) hour per week employees, and one hundred and fifty-seven (157) hours per year for fifty-six (56) hour per week employees. After four (4) years of continuous service to the completion of nine (9) years of continuous service, vacation time shall be accrued at the rate of one hundred thirty-six (136) hours per year for forty (40) hour per week employees, and one hundred and ninety (190) hours per year for fifty-six (56) hour per week employees. After nine (9) years of continuous service to the completion of fourteen (14) years of continuous service, vacation time shall be accrued at the rate of one hundred sixty (160) hours per year for forty (40) hour per week employees, and two hundred and twenty-four (224) hours per year for fifty- six (56) hour per week employees. After fourteen (14) years of continuous service vacation, time shall be accrued at the rate of one hundred ninety-two (192) hours per year for forty hour (40) per week employees, and two hundred sixty-nine (269) hours per year for fifty-six hour (56) per week employees. Vacation allowance shall not be accumulated in excess of three hundred forty-two (342) hours for forty (40) hour per week employees, and four hundred and eighty (480) hours per year for fifty-six (56) hour per week employees. b. Eligibility and Permission — No vacation may be taken until the completion of six (6) months of employment. No employee shall be permitted to take vacation in excess of actual time earned and no employee shall take vacation that is being accrued while the employee is on vacation. Vacations shall be taken only with permission of the Fire Chief or his/her sworn 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 the "A, B or C" Shift for work scheduling purposes. On each such shift, there shall be four (4) available vacation absences (referred to as "vacation slots"). That is, at any one time, there may be four (4) persons absent from duty on each such shift due to vacation. These slots shall be made available by rank, one (1) to Firefighters, one (1) to Fire Engineers, one (1) to Firefighter Paramedics; and one (1) to Captains. Thereafter, each additional employee shall be entitled to receive time off for requested vacation leave, so long as a qualified replacement is available to serve in his/her absence. HBFA 2007-1-23-08 Draft 85 -28- 2/11/20081123/2008 FIRE MOLD September 25, 2004, 007 — June 24, 2 2011 c. Conversion to Cash — On two (2) occasions during each fiscal year each employee shall have the option to convert into a cash payment up to a total of eighty (80) hours, at the forty (40) hour rate, or one hundred twelve (112) at the fifty-six (56) hour rate, of earned vacation benefits during any one (1) fiscal year. The employee shall give two (2) weeks advanced notice of his/her desire to exercise such option. Vacation accumulated in excess of three hundred -forty-two (342) hours at the forty (40) hour rate shall be paid in cash at the straight time forty (40) hour rate, or four hundred and eighty (480) hours at the fifty-six (56) hour rate shall be paid in cash at the straight time fifty-six (56) hour rate on the first payday following such accumulation. d. Pay -Off at Termination — Except as provided in Section A.1.c. of this Article, no employee shall be paid for unused vacation other than upon termination of employment. Any vacation pay off at termination shall be at the regular rate of pay and the accrual rate the employee is earning at the time of separation. 2. Sick Leave: a. Accrual — The conversion factor for sick leave accrual shall be in accordance with Rule 18-9 of the City's Personnel Rules. Employees covered by this MOU shall accrue sick leave at the rate of 3.6923 hours per pay period for 40-hour week employees, and 5.1691 for fifty-six hour (56) week employees. Paychecks will identify the accrued sick leave (Accrued) and accrual rate (Constant) based on their actual work schedule, either a forty (40) hour or fifty-six (56) hour schedule. In the event of a change in work schedules, personnel will have their accrued sick leave (Accrued) and accrual rate (Constant) changed to the new schedule using the conversion factor .7143. Personnel who change from a fifty-six hour (56) schedule to a forty (40) hour schedule shall multiply their accrual rate by .7143, (see Exhibit G). Personnel who change from a forty (40) hour schedule to a fifty- six (56) hour schedule shall divide their accrual rate by .7143. b. Pay -Off at Termination — Upon termination for reasons other than for industrial disability retirement, employees shall have their accrued sick leave Gonverted to the forty (40) iew fate ----A#-aGGnAe4-vaGatKM hours shall be paid at the GGRverted regular rate, SiGk leave a" be paid of pay and the accrual rate the employee is earning and the accrual rate at the time of separation. Sick Leave shall be paid (or have paid on their behalf as provided in Article IX.A.3.b) for salapi ate fe, 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. HBFA 2007-1-23-08 Draft 85 -29- 211112008 FIRE MOU September 25, 2004 2007 - Septen#e"une 24, 20072011 Upon termination for industrial disability retirement, all employees shall have their accrued Vacation a sick leave Gonv d-to-the forty (40) he u-r � a"e-- paid (or have paid on their behalf as provided in Article IX.A.3.b) at the regular rate of pay and the accrual rate at the time of separation for at their r.' lrre r-- nj rate trar 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. Leave Benefit Entitlements - As required by law, employees will be allowed to use up to one-half of their annual Sick Leave accrual for family sick leave, pursuant to the provisions of California Labor Code Section 233. The it$, _cc, !! ,� t�} wit alt st F der nt+tle aw An eligible employee on an approved leave I may be allowed to use earned Sick Leave, Vacation and/or Compensatory Time Off for cr.— and ROR n�c3t s�f�rrsilm: r r,r}-Y! i-,cc.,!gg., acre Qc ��cxrrarr3r- svr-rccsxaxtt-Y-r�ac•�':' 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, step -father, step- mother, step -grandfather, step -grandmother, grandchildren, stepsisters, step- brothers, mother-in-law, father-in-law, brother-in-law, sister-in-law, step -children, 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. HBFA 2007-1-23-08 Draft 85 -30- 2/11/2008' 2W20" FIRE MOU September 25, 2004 2007 — SWen#)-er June 24, 2011 ARTICLE XI — CITY RULES A. Personnel Rules - All MOU provisions that supersede the City's Personnel Rules shall automatically be incorporated in the City's Personnel Rules. 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 as contained in the City's Personnel Rules; in effect on July 1, 1980 shall remain in full force and effect during the entire term of this MOU. D.Employee Employer Relations Resolution (EERR) — During the term of the agreement, the City and Association shall meet and confer to update the EERR to reflect current state law. ARTICLE XII - MISCELLANEOUS A. Fire Department Promotional Exams — Policy D-10 — Promotional and open competitive examinations shall be held in accordance with the most current Policy D- 10 of the Huntington Beach Fire Department Organization Manual executed by the parties. Policy D-10 may be modified by mutual agreement of the parties at any time during the term of this MOU. B. Living Quarters — The City shall provide necessary kitchen, living and sleeping quarters in all fire stations and shall continue to provide facilities for Association meetings. C. Paychecks: 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 DiStF�bution ^^ }, ea-Gh--emle'yee t—t'he Station I _ Gothard Ciro City. —Paycheck Stub A monthly bi-weekly 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 include an itemization of the nature and the purpose of each deduction withheld from the employee's gross earnings. HBFA 2007-1-23-08 Draft 85 -31- 2/11/2008 ?998 FIRE MOU September 25, 2094-2007 — September -June 24, 20072011 3. Direct Deposit — Employees hired on or after the date this MOU is approved by the City Council y shall receive their bi-weekly compensation through the City's direct deposit system. Employees currently participating in the City's direct deposit program must remain in that program. 4.. Vacation P lqyg4@,G�-Payroll Advance — Each employee shall, at his/her option, by written notice to the City's Human Resources Manager, be given at least two (2) weeks prior to the commencement of said employee's scheduled vacation, be entitled to receive his/her earned vacation pay, less deductions in advance of said vacation. Said right to receive advance payment of earned vacation pay shall be limited to one such advancement during each calendar year. D. Class "B" Driver License — Employees required by the City to obtain a State of California Class "B" or Class "B" Firefighter Restrictive Driver License will be reimbursed for fees paid to the California Department of Motor Vehicles to obtain the Class "B" Firefighter Restrictive Driver License. All employees in the classification of Fire Engineer shall be required to possess a current California Class B or California Class B Firefighter Restricted driver's license. All other bargaining unit employees shall be required to obtain the as followings: All employees hired after the date this MOU is approved by the Ccity Council must acquire a California Class B or California Class B Firefighter Restricted driver's license prior to completing their probationary period. All current employees assigned to the USAR team who possess a California Class B or California Class B Firefighter Restricted driver's license as of the program's implementation date; shall be required to maintain their license. All current employees assigned to the USAR team; prior to the program's implementation date; are not required to obtain a California Class B or California Class B Firefighter Restricted driver's license. All current employees assigned to the USAR team after the program's implementation; shall obtain and maintain a California Class B or California Class B Firefighter Restricted driver's license within one (1) year of their assignment. All current employees assigned to the Hazardous Materials team3 who possess a California Class B or California Class B Firefighter Restricted driver's license shall maintain their license. HBFA 2007-1-23-08 Draft 85 -32- 2/11/200844228a" FIRE MOU September 25, 284 2007 — Septern er June 24, 2-ON2011 —All current employees assigned to the Hazardous Materials teami prior to the date this MOU is approved by the City Council; are not required to obtain a California Class B or California Class B Firefighter Restricted driver's license. All current employees assigned to the Hazardous Materials team after the date this MOU is approved by the City Council; shall obtain and maintain a California Class B or California Class B Firefighter Restricted driver's license within one (1) year of their assignment. E.. Deferred Compensation Loan Program — Employees may utilize the Deferred Compensation Loan Program, under which employees may borrow up to fifty percent (50%) of their deferred compensation funds for critical needs such as medical costs, college tuition, or purchase of a home. The value of any unused earned leave benefits may be transferred to deferred compensation in connection with separation but the employee must request the transfer no later than the pay period prior to the employee's last day of employment. 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 September 25, 2-004 2007and ending at midnight on Septemberjune 24, 20072011. 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. HBFA 2007-1-23-08 Draft 85 -33- 2/11/2008112812008 FIRE MOU September 25, 2004 2007 - September June 24, 20072011 ARTICLE XV - CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or effect whatsoever unless and until ratified by the membership of HBFA and adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this day of , 2005 CITY OF HUNTINGTON BEACH A Municipal Corporation AN Michele Carr Director of Human Resources Manager r By: aGque Relletie Duane Olson Division GhieVOperat Fire Chief By: Charles Themas ob Hall DiTeGtnr of Administra#ve SeNioesDeputy City Administrator By: Renee Mayne Chief Negotiator APPROVED AS TO FORM By: Jennifer McGrath City Attorney HUNTINGTON BEACH FIREFIGHTER'S ASSN. ..�• 7jisUm HBFA President o-RA-landTom Faye HBFA Negotiation Team Leader ViGe .. Stephen H. Silver Chief Negotiator HBFA 2007-1-23-08 Draft 85 -34- 2/11/20081122/2002 FIRE MOM September 25, 2004 2007 — September June 24, 20072011 HBFA 2007-1-23-08 Draft 85 -35- 2/11/2008 _ EXHIBIT A CITY OF HUNTINGTON BEACH EMPLOYER -EMPLOYEE RELATIONS RESOLUTION 7.3 Human Resources Officer Motion of Unit Modification — The Human Resources Officer may propose, during the same period for filing a Petition for Decertification, that an established unit be modified in accordance with the following procedure: a. The Human Resources Officer shall give written notice of the proposed unit modification to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources Officer's rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for Appropriateness of Units. Additionally, the Human Resources Officer shall provide all affected employee organizations with all correspondence, memoranda, and other documents, which relate to any input regarding the unit modification which may have been received by the City or from affected employees and/or sent by the City to affected employees; b. Following receipt of the Human Resources Officer's proposal for unit modification, any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the motion for unit modification to the Personnel Commission; C. The Personnel Commission shall conduct a noticed Public Hearing regarding the motion for unit modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed unit modification which determination may include a granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of bargaining units. Following the Personnel Commission's determination of the composition of the appropriate unit or units, it shall give written notice of such determination to all affected employee organizations; d. Any party who chooses to appeal from the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. 2/11 /2008-V2812908 -36- EXHIBIT B - SALARY SCHEDULE il�i.:.�f �.�-� J/�;�� J1.��1{�1 J�J 1���.T1�.1•1•r� 2.5% EFFECTIVE SEPTEMBER 22, 2007 FIRE CAPTAIN AND DEPUTY FIRE MARSHAL 4.5% EFFECTIVE SEPTEMBER 22, 2007 40-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 504 $26.93 $28.41 $29.97 $31.62 $33.36 0160 Fire Engineer 535 $31.44 $33.17 $34.99 $36.91 $38.94 0226 Firefighter Paramedic 535 $31.44 $33.17 $34.99 $36.91 $38.94 0227 Fire Protection Specialist ' 544 $32.88 $34.69 $36.60 $38.61 $40.73 0512 Fire Development Specialist 559 $35.43 $37.38 $39.44 $41.61 $43.90 0101 - Fire Captain 563 $36.15 $38.14 $40.24 $42.45 $44.78 ------ -- 0100 - Deputy Fire Marshal 585 $40.34 $42.56 $44.90 $47.37 $49.98 40-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 504 $2,154.72 $2,272.80 $2,397.80 $2,529.68 $2,668.82 0160 Fire Engineer 535 $2,514.95 $2,653.27 $2,799.20 $2,953.16 $3,115.58 0226 Firefighter Paramedic 535 $2,514.95 $2,653.27 $2,799.20 $2,953.16 $3,115.58 0227 Fire Protection Specialist 544 $2,630.69 $2,775.38 $2,928.02 $3,089.06 $3,258.40 0512 Fire Development Specialist 559. $2,834.40 $2,990.29 $3,155.20 $3,328.74 $3,511.82 0101 Fire Captain 563 $2,891.90 $3,050.96 $3,219.20 $3,396.26 $3,582.40 0100 1 Deputy Fire Marshal 585 $3,227.26 $3,404.76 $3,592.02 $3,789.58 $3,998.00 40-Hour Rate (Monthly) Job Code Classification Range A B C D ' E 0229 Firefighter 504 $4,668.56 $4,924.40 $5,195.24 $5,480.98 $5,782.43 0160 Fire Engineer 535 $5,449.06 $5,748.76 $6,064.94 $6,398.51 $6,750.43 0226 Firefighter Paramedic 535 $5,449.06 $5,748.76 $6,064.94 $6,398.51 $6,750.43 0227 Fire Protection Specialist 544 $5,699.82 $6,013.31 $6,344.05 $6,692.97 $7,059.87 0512 Fire Development Specialist 559 $6,141.20 $6,478.97 $6,836.27 $7,212.26 $7,608.94 0101 Fire Captain 563 $6,265.79 $6,610.41 $6,974.93 $7,358.55 $7,761.87 0100 Deputy Fire Marshal 585 $6,992.39 $7,376.97 $7,782.70 $8,210.75 $8,662.34 2/11 /2008°' fnE48,z.l�M -37- 2.5% EFFECTIVE SEPTEMBER 22, 2007 FIRE CAPTAIN AND DEPUTY FIRE MARSHAL 4.5% EFFECTIVE SEPTEMBER 22, 2007 56-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 504 $19.24 $20.29 $21.41 $22.59 $23.83 0160 Engineer 535 $22.45 $23.69 $24.99 $26.37 $27.82 _ 0226 _Fire Firefighter Paramedic 535 $22.45 $23.69 $24.99 $26.37 $27.82 0227 0512 Fire Protection Specialist Fire Development Specialist 544 559 $23.49 $25.31 $24.78 $26.70 $26.14 $28.17 $27.58 $29.72 $29.09 $31.36 0101 Fire Captain 563 $25.82 $27.24 $28.74 $30.32 $31.99 0100 Deputy Fire Marshal 585 $28.81 $30.40 $32.07 $33.84 $35.70 56-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 504 $2,154.72 $2,272.80 $2,397.80 $2,529.68 $2,668.82 0160 Fire Engineer 535 $2,514.95 $2,653.27 $2,799.20 $2,953.16 $3,115.58 0226 Firefighter Paramedic 535 $2,514.95 $2,653.27 $2,799.20 $2,953.16 $3,115.58 0227 Fire Protection Specialist 544 $2,630.69 $2,775.38 $2,928.02 $3,089.06 $3,258.40 0512 Fire Development Specialist 559 $2,834.40 $2,990.29 $3,155.20 $3,328.74 $3,511.82 0101 Fire Captain 563 $2,891.90 $3,050.96 $3,219.20 $3,396.26 $3,582.40 0100 Deputy Fire Marshal 585 $3,227.26 $3,404.76 $3,592.02 $3,789.58 $3,998.00 56-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 504 $4,668.56 $4,924.40 $5,195.24 $5,480.98 $5,782.43 0160 Fire Engineer 535 $5,449.06 $5,748.76 $6,064.94 $6,398.51 $6,750.43 0226 Firefighter Paramedic 535 $5,449.06 $5,748.76 $6,064.94 $6,398.51 $6,750.43 0227 Fire Protection Specialist 544 $5,699.82 $6,013.31 $6,344.05 $6,692.97 $7,059.87 0512 Fire Development Specialist 559 $6,141.20 $6,478.97 $6,836.27 $7,212.26 $7,608.94 0101 Fire Captain 563 $6,265.79 $6,610.41 $6,974.93 $7,358.55 $7,761.87 0100 Deputy Fire Marshal 585 $6,992.39 $7,376.97 $7,782.70 $8,210.75 $8,662.34 HBFA 2007-1-23-08 Draft 85 -38- 2/11/2008 98 �, �MkTJQU_11*48 40-Hour Rate (Hourly) Job Code TClassification Range A B C D E 0229 Firefighter 509 $27.62 $29.14 $30.74 $32.43 $34.21 0160 Fire Engineer 540 $32.24 $34.01 $35.88 $37.85 $39.93 0226 Firefighter Paramedic 540 $32.24 $34.01 $35.88 $37.85 $39.93 0227 Fire Protection Specialist 549 $33.71 $35.56 $37.52 $39.58 $41.76 0512 Fire Development Specialist 564 $36.32 $38.32 $40.43 $42.65 $45.00 0101 Fire Captain 568 $37.07 $39.11 $41.26 $43.53 $45.92 0100 Deputy Fire Marshal 590 $41.36 $43.63 $46.03 $48.56 $51.23 40-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 509 $2,209.60 $2,331.13 $2,459.34 $2,594.60 $2,736.80 0160 Fire Engineer 540 $2,579.23 $2,721.09 $2,870.75 $3,028.00 $3,194.54 0226 Firefighter Paramedic 540 $2,579.23 $2,721.09 $2,870.75 $3,028.00 $3,194.54 0227 ___ ------,-Fire Protection Specialist 549 $2,696.62 $2,844.93 $3,001.40 $3,166.48 $3,340.63 0512 Fire Development Specialist 564 $2,905.60 $3,065.41 $3,234.01 $3,411.88 $3,600.00 0101 Fire Captain 568 $2,965.60 $3,128.71 $3,300.79 $3,482.33 $3,673.86 0100 Deputy Fire Marshal 590 $3,308.84 $3,490.40 $3,682.37 $3,884.90 $4,098.57 40-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 509 $4,787.47 $5,050.78 $5,328.57 $5,621.64 $5,929.73 0160 Fire Engineer 540 $5,588.34 $5,895.69 $6,219.96 $6,560.67 $6,921.50 0226 Firefighter Paramedic 540 $5,588.34 $5,895.69 $6,219.96 $6,560.67 $6,921.50 0227 Fire Protection Specialist 549 $5,842.67 $6,164.01 $6,503.04 $6,860.70 $7,238.04 0512 Fire Development Specialist 564 $6,295.47 $6,641.72 $7,007.01 $7,392.40 $7,800.00 0101 Fire Captain 568 $6,425.47 $6,778.87 $7,151.71 $7,545.05 $7,960.03 0100 Deputy Fire Marshal 590 $7,169.16 $7,562.53 $7,978.47 $8,417.29 $8,880.24 HBFA 2007-1-23-08 Draft 85 -39- 2/11/2008112812008 2.5% EFFECTIVE MARCH 22, 2008 56-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 509 $19.73 $20.81 $21.96 $23.17 $24.44 0160 Fire Engineer 540 $23.03 $24.30 $25.63 $27.04 $28.52 0226 Firefighter Paramedic 540 $23.03 $24.30 $25.63 $27.04 $28.52 0227 Fire Protection Specialist 549 $24.08 $25.40 $26.80 $28.27 $29.83 0512 Fire Development Specialist 564 $25.94 $27.37 $28.88 $30.46 $32.14 0101 Fire Captain 568 $26.48 $27.93 $29.47 $31.09 $32.80 0100 Deputy Fire Marshal 590 $29.54 $31.16 $32.88 $34.69 $36.59 56-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 509 $2,209.60 $2,331.13 $2,459.34 $2,594.60 $2,736.80 0160 Fire Engineer 540 $2,579.23 $2,721.09 $2,870.75 $3,028.00 $3,194.54 0226 Firefighter Paramedic 540 $2,579.23 $2,721.09 $2,870.75 $3,028.00 $3,194.54 0227 Fire Protection Specialist 549 $2,696.62 $2,844.93 $3,001.40 $3,166.48 $3,340.63 0512 Fire Development Specialist 564 $2,905.60 $3,065.41 $3,234.01 $3,411.88 $3,600.00 0101 Fire Captain 568 $2,965.60 $3,128.71 $3,300.79 $3,482.33 $3,673.86 0100 Deputy Fire Marshal 590 $3,308.84 $3,490.40 $3,682.37 $3,884.90 $4,098.57 56-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 509 $4,787.47 $5,050.78 $5,328.57 $5,621.64 $5,929.73 0160 Fire Engineer 540 $5,588.34 $5,895.69 $6,219.96 $6,560.67 $6,921.50 0226 Firefighter Paramedic 540 $5,588.34 $5,895.69 $6,219.96 $6,560.67 $6,921.50 0227 Fire Protection Specialist 549 $5,842.67 $6,164.01 $6,503.04 $6,860.70 $7,238.04 0512 Fire Development Specialist 564 $6,295.47 $6,641.72 $7,007.01 $7,392.40 $7,800.00 0101 Fire Captain 568 $6,425.47 $6,778.87 $7,151.71 $7,545.05 $7,960.03 0100 Deputy Fire Marshal 590 $7,169.16 $7,562.53 $7,978.47 $8,417.29 $8,880.24 HBFA 2007-1-23-08 Draft 85 -40- 2/11/2008112W200 3.0% EFFECTIVE SEPTEMBER 20, 2008 40-Hour Rate (Hourly) Job Code Classification Ran e A B C D E 0229 Firefighter 515 $28.45 $30.01 $31.66 $33.40 $35.24 0160 Fire Engineer 546 $33.20 $35.03 $36.96 $38.99 $41.13 0226 Firefighter Paramedic 546 $33.20 $35.03 $36.96 $38.99 $41.13 0227 Fire Protection Specialist 555 $34.73 $36.64 $38.66 $40.78 $43.02 0512 Fire Development Specialist 570 $37.44 $39.50 $41.67 $43.96 $46.38 0101 Fire Captain 574 $38.18 $40.28 $42.50 $44.84 $47.31 0100 Deputy Fire Marshal 596 $42.62 $44.96 $47.43 $50.04 $52.79 40-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 515 $2,276.00 $2,401.18 $2,532.80 $2,672.10 $2,819.07 0160 Fire Engineer 546 $2,656.00 $2,802.08 $2,956.80 $3,119.42 $3,290.40 0226 I Firefighter Paramedic 546 $2,656.00 $2,802.08 $2,956.80 $3,119.42 $3,290.40 0227_ Fire Protection Specialist 555 $2,778.40 $2,931.21 $3,092.43 $3,262.51 $3,441.95 0512 Fire Development Specialist 570 $2,994.90 $3,159.62 $3,333.40 $3,516.74 $3,710.16 0101 _ Fire Captain 574 $3,054.40 $3,222.39 $3,399.62 $3,587.20 $3,784.50 0100 Deputy Fire Marshal 596 $3,409.60 $3,597.13 $3,794.40 $4,003.09 $4,223.26 40-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229_ Firefighter 515 $4,931.33 $5,202.56 $5,487.73 $5,789.56 $6,107.98 0160 Fire Engineer 546 $5,754.67 $6,071.17 $6,406.40 $6,758.75 $7,129.20 0226 Firefighter Paramedic 546 $5,754.67 $6,071.17 $6,406.40 $6,758.75 $7,129.20 0227 Fire Protection Specialist 555 $6,019.87 $6,350.96 $6,700.26 $7,068.78 $7,457.56 0512 _ Fire Development Specialist 570 $6,488.95 $6,845.84 $7,222.36 $7,619.59 $8,038.67 0101 _ Fire Captain 574 $6,617.87 $6,981.85 $7,365.85 $7,772.27 $8,199.74 0100 Deputy Fire Marshal 596 $7,387.47 $7,793.78 $8,221.20 $8,673.37 $9,150.40 HBFA 2007-1-23-08 Draft 85 -41- 2/11/2008 08 3.0% EFFECTIVE SEPTEMBER 20, 2008 56-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 515 $20.32 $21.44 $22.61 $23.86 $25.17 0160 Fire Engineer 546 $23.71 $25.02 $26.40 $27.85 $29.38 0226 Firefighter Paramedic 546 $23.71 $25.02 $26.40 $27.85 $29.38 0227 Fire Protection Specialist 555 $24.81 $26.17 $27.61 $29.13 $30.73 0512 Fire Development Specialist 570 $26.74 $28.21 $29.76 $31.40 $33.13 0101 Fire Captain 574 $27.27 $28.77 $30.35 $32.03 $33.79 0100 Deputy Fire Marshal 596 $30.44 $32.12 $33.88 $35.74 $37.71 56-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 515 $2,276.00 $2,401.18 $2,532.80 $2,672.10 $2,819.07 0160 Fire Engineer 546 $2,656.00 $2,802.08 $2,956.80 $3,119.42 $3,290.40 0226 Firefighter Paramedic 546 $2,656.00 $2,802.08 $2,956.80 $3,119.42 $3,290.40 0227 Fire Protection Specialist 555 $2,778.40 $2,931.21 $3,092.43 $3,262.51 $3,441.95 0512 Fire Development Specialist 570 $2,994.90 $3,159.62 $3,333.40 $3,516.74 $3,710.16 0101 Fire Captain 574 $3,054.40 $3,222.39 $3,399.62 $3,587.20 $3,784.50 0100 Deputy Fire Marshal 596 $3,409.60 $3,597.13 $3,794.40 $4,003.09 $4,223.26 56-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 515 $4,931.33 $5,202.56 $5,487.73 $5,789.56 $6,107.98 0160 Fire Engineer 546 $5,754.67 $6,071.17 $6,406.40 $6,758.75 $7,129.20 0226 Firefighter Paramedic 546 $5,754.67 $6,071.17 $6,406.40 $6,758.75 $7,129.20 0227 Fire Protection Specialist 555 $6,019.87 $6,350.96 $6,700.26 $7,068.78 $7,457.56 0512 Fire Development Specialist 570 $6,488.95 $6,845.84 $7,222.36 $7,619.59 $8,038.67 0101 Fire Captain 574 $6,617.87 $6,981.85 $7,365.85 $7,772.27 $8,199.74 0100 Deputy Fire Marshal 596 $7,387.47 $7,793.78 $8,221.20 $8,673.37 $9,150.40 HBFA 2007-1-23-08 Draft 85 -42- 2/11/2008"'„�® nN 2.5% EFFECTIVE MARCH 21, 2009 40-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 520 $29.18 $30.78 $32.47 $34.26 $36.14 0160 Fire Engineer 551 $34.05 $35.92 $37.90 $39.98 $42.18 0226 Firefighter Paramedic 551 $34.05 $35.92 $37.90 $39.98 $42.18 _ 0227 Fire Protection Specialist ! Fire Development Specialist 560 575 $35.61 $38.38 $37.57 $40.49 $39.64 $42.72 $41.82 $45.07 $44.12 $47.55 _ _t 0512 0101 Fire Captain 579 $39.16 $41.31 $43.58 $45.98 $48.51 0100 De ut Fire Marshal 601 $43.70 $46.10 $48.64 $51.31 $54.13 40-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 520 $2,334.01 $2,462.38 $2,597.81 $2,740.69 $2,891.43 0160 Fire Engineer 551 $2,723.65 $2,873.45 $3,032.00 $3,198.76 $3,374.69 Firefighter Paramedic 551 $2,723.65 $2,873.45 $3,032.00 $3,198.76 $3,374.69 _0226 0227 Protection Specialist 560 $2,848.57 $3,005.24 $3,171.20 $3,345.62 $3,529.62 0512 _Fire i Fire Development Specialist 575 $3,070.40 $3,239.27 $3,417.43 $3,605.39 $3,803.69 0101 Fire Captain 579 $3,132.80 $3,305.10 $3,486.40 $3,678.15 $3,880.45 0100 Deputy Fire Marshal 601 $3,495.79 $3,688.06 $3,890.90 $4,104.90 $4,330.67 40-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 520 $5,057.03 $5,335.16 $5,628.60 $5,938.17 $6,264.77 0160 Fire Engineer 551 $5,901.24 $6,225.81 $6,569.33 $6,930.65 $7,311.83 0226 Firefighter Paramedic 551 $5,901.24 $6,225.81 $6,569.33 $6,930.65 $7,311.83 0227 Fire Protection Specialist 560 $6,171.91 $6,511.36 $6,870.93 $7,248.83 $7,647.52 0512 Fire Development Specialist 575 $6,652.53 $7,018.42 $7,404.44 $7,811.68 $8,241.32 0101 Fire Captain 579 $6,787.73 $7,161.06 $7,553.87 $7,969.33 $8,407.64 _ 0100 Deputy Fire Marshal 601 $7,574.22 $7,990.80 $8,430.29 $8,893.96 $9,383.13 HBFA 2007-1-23-08 Draft 85 -43- 2/11/20084 /2ON i . ,• d I L7.'i►7i7iTr7 2.5% EFFECTIVE MARCH 21, 2009 56-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 520 $20.84 $21.99 $23.19 $24.47 $25.82 0160 Fire Engineer 551 $24.32 $25.66 $27.07 $28.56 $30.13 0226 Firefighter Paramedic 551 $24.32 $25.66 $27.07 $28.56 $30.13 0227 Fire Protection Specialist 560 $25.43 $26.83 $28.31 $29.87 $31.51 0512 Fire Development Specialist 575 $27.41 $28.92 $30.51 $32.19 $33.96 0101 Fire Captain 579 $27.97 $29.51 $31.13 $32.84 $34.65 0100 Deputy Fire Marshal 601 $31.21 $32.93 $34.74 $36.65 $38.67 56-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 520 $2,334.01 $2,462.38 $2,597.81 $2,740.69 $2,891.43 0160 Fire Engineer 551 $2,723.65 $2,873.45 $3,032.00 $3,198.76 $3,374.69 0226 Firefighter Paramedic 551 $2,723.65 $2,873.45 $3,032.00 $3,198.76 $3,374.69 0227 Fire Protection Specialist 560 $2,848.57 $3,005.24 $3,171.20 $3,345.62 $3,529.62 0512 Fire Development Specialist 575 $3,070.40 $3,239.27 $3,417.43 $3,605.39 $3,803.69 0101 Fire Captain 579 $3,132.80 $3,305.10 $3,486.40 $3,678.15 $3,880.45 0100 Deputy Fire Marshal 601 $3,495.79 $3,688.06 $3,890.90 $4,104.90 $4,330.67 56-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 520 $5,057.03 $5,335.16 $5,628.60 $5,938.17 $6,264.77 0160 Fire Engineer 551 $5,901.24 $6,225.81 $6,569.33 $6,930.65 $7,311.83 0226 Firefighter Paramedic 551 $5,901.24 $6,225.81 $6,569.33 $6,930.65 $7,311.83 0227 Fire Protection Specialist 560 $6,171.91 $6,511.36 $6,870.93 $7,248.83 $7,647.52 0512 Fire Development Specialist 575 $6,652.53 $7,018.42 $7,404.44 $7,811.68 $8,241.32 0101 Fire Captain 579 $6,787.73 $7,161.06 $7,553.87 $7,969.33 $8,407.64 0100 Deputy Fire Marshal 601 $7,574.22 $7,990.80 $8,430.29 $8,893.96 $9,383.13 HBFA 2007-1-23-08 Draft 85 -44- 2/11/2008112812008 3.0% EFFECTIVE SEPTEMBER 19, 2009 40-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 526 $30.06 $31.71 $33.45 $35.29 $37.23 0160 -� Fire Engineer 557 $35.07 $37.00 $39.04 $41.19 $43.46 _ 0226 Firefighter Paramedic 557 $35.07 $37.00 $39.04 $41.19 $43.46 _ 0227 Fire Protection Specialist 566 $36.69 $38.71 $40.84 $43.09 $45.46 0512Fire Development Specialist 581 $39.55 $41.73 $44.02 $46.44 $48.99 0101 Fire Captain 585 $40.34 $42.56 $44.90 $47.37 $49.98 0100 Deputy Fire Marshal 607 $45.01 $47.49 $50.10 $52.86 $55.77 40-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 526 $2,404.76 $2,537.03 $2,676.00 $2,823.18 $2,978.45 _ 0160 Fire Engineer 557 $2,805.60 $2,959.91 $3,123.20 $3,294.98 $3,476.80 _ 0226 Firefighter Paramedic 557 $2,805.60 $2,959.91 $3,123.20 $3,294.98 $3,476.80 0227 0512 Fire Protection Specialist 1Fire Development Specialist 566 581 $2,935.40 $3,164.21 $3,096.85 $3,338.24 $3,267.18 $3,521.84 $3,446.87 $3,715.54 $3,636.45 $3,919.20 0101 Fire Captain 585 $3,227.26 $3,404.76 $3,592.02 $3,789.58 $3,998.00 _ 0100 Deputy Fire Marshal 607 $3,600.80 $3,798.84 $4,007.78 $4,228.80 $4,461.38 40-Hour Rate (Monthly) Job Cocie Classification Range A B C D E 0229 Firefighter 526 $5,210.32 $5,496.89 $5,798.00 $6,116.89 $6,453.32 0160 Fire Engineer 557 $6,078.80 $6,413.13 $6,766.93 $7,139.11 $7,533.07 0226 Firefighter Paramedic 557 $6,078.80 $6,413.13 $6,766.93 $7,139.11 $7,533.07 0227 Fire Protection Specialist 566 $6,360.04 $6,709.84 $7,078.89 $7,468.22 $7;878.98 _ Fire Development Specialist 581 $6,855.78 $7,232.85 $7,630.65 $8,050.34 $8,491.60 _0512 _ 0101 Fire Captain 585 $6,992.39 $7,376.97 $7,782.70 $8,210.75 $8,662.34 0100 Deputy Fire Marshal 607 $7,801.73 $8,230.83 $8,683.52 $9,162.40 $9,666.33 HBFA 2007-1-23-08 Draft 85 -45- 2/11/2008112812008 3.0% EFFECTIVE SEPTEMBER 19, 2009 56-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 526 $21.47 $22.65 $23.89 $25.21 $26.59 0160 Fire Engineer 557 $25.05 $26.43 $27.89 $29.42 $31.04 0226 Firefighter Paramedic 557 $25.05 $26.43 $27.89 $29.42 $31.04 0227 Fire Protection Specialist 566 $26.21 $27.65 $29.17 $30.78 $32.47 0512 Fire Development Specialist 581 $28.25 $29.81 $31.45 $33.17 $34.99 0101 Fire Captain 585 $28.81 $30.40 $32.07 $33.84 $35.70 0100 Deputy Fire Marshal 607 $32.15 $33.92 $35.78 $37.76 $39.83 56-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 526 $2,404.76 $2,537.03 $2,676.00 $2,823.18 $2,978.45 0160 Fire Engineer 557 $2,805.60 $2,959.91 $3,123.20 $3,294.98 $3,476.80 0226 Firefighter Paramedic 557 $2,805.60 $2,959.91 $3,123.20 $3,294.98 $3,476.80 0227 Fire Protection Specialist 566 $2,935.40 $3,096.85 $3,267.18 $3,446.87 $3,636.45 0512 Fire Development Specialist 581 $3,164.21 $3,338.24 $3,521.84 $3,715.54 $3,919.20 0101 Fire Captain 585 $3,227.26 $3,404.76 $3,592.02 $3,789.58 $3,998.00 0100 Deputy Fire Marshal 607 $3,600.80 $3,798.84 $4,007.78 $4,228.80 $4,461.38 56-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 526 $5,210.32 $5,496.89 $5,798.00 $6,116.89 $6,453.32 0160 Fire Engineer 557 $6,078.80 $6,413.13 $6,766.93 $7,139.11 $7,533.07 0226 Firefighter Paramedic 557 $6,078.80 $6,413.13 $6,766.93 $7,139.11 $7,533.07 0227 Fire Protection Specialist 566 $6,360.04 $6,709.84 $7,078.89 $7,468.22 $7,878.98 0512 Fire Development Specialist 581 $6,855.78 $7,232.85 $7,630.65 $8,050.34 $8,491.60 0101 Fire Captain 585 $6,992.39 $7,376.97 $7,782.70 $8,210.75 $8,662.34 0100 Deputy Fire Marshal 607 $7,801.73 $8,230.83 $8,683.52 $9,162.40 $9,666.33 HBFA 2007-1-23-08 Draft 85 -46- 2/11/200A7 /, ,,-�®.-20" 2.0% EFFECTIVE MARCH 20, 2010 40-dour Rate (Hourly) Job Code__ Classification Range A B C D E 0229 Firefighter 530 $30.66 $32.35 $34.13 $36.01 $37.99 0160 _ Fire Engineer 561 $35.79 $37.76 $39.84 $42.03 $44.34 0226 1 Firefighter Paramedic 561 $35.79 $37.76 $39.84 $42.03 $44.34 0227 Fire Protection Specialist 570 $37.44 $39.50 $41.67 $43.96 $46.38 05,12 r Fire Development Specialist 585 $40.34 $42.56 $44.90 $47.37 $49.98 010`I ____ __ re Captain �Dleepputy 589 $41.15 $43.41 $45.80 $48.32 $50.98 _ 0100 Fire Marshal 611 $45.92 $48.45 $51.11 $53.92 $56.89 40-Hour Rate (Bi-Weekly) Job Code. Classification Range A B C D E 0229 Firefighter 530 $2,452.80 $2;587.70 $2,730.03 $2,880.80 $3,039.24 0160 Fire Engineer 561 $2,863.20 $3,020.68 $3,186.81 $3,362.09 $3,547.00 0226 Firefighter Paramedic 561 $2,863.20 $3,020.68 $3,186.81 $3,362.09 $3,547.00 0227 Fire Protection Specialist 570 $2,994.90 $3,159.62 $3,333.40 $3,516.74 $3,710.16 05",2 ! Fire Development Specialist 585 $3,227.26 $3,404.76 $3,592.02 $3,789.58 $3,998.00 0101 Fire Captain 589 $3,292.38 $3,472.80 $3,663.80 $3,865.31 $4,078.40 0100 Deputy Fire Marshal 611 $3,673.60 $3,875.65 $4,088.81 $4,313.69 $4,550.95 40-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 _ Firefighter 530 $5,314.40 $5,606.69 $5,915.06 $6,241.73 $6,585.03 0160 Fire Engineer 561 $6,203.60 $6,544.80 $6,904.76 $7,284.52 $7,685.17 0226 Firefighter Paramedic 561 $6,203.60 $6,544.80 $6,904.76 $7,284.52 $7,685.17 0227 Fire Protection Specialist 570 $6,488.95 $6,845.84 $7,222.36 $7,619.59 $8,038.67 0512 Fire Development Specialist 585 $6,992.39 $7,376.97 $7,782.70 $8,210.75 $8,662.34 0101 Fire Captain 589 $7,133.49 $7,524.40 $7,938.24 $8,374.85 $8,836.53 _ 0100 Deputy Fire Marshal 611 $7,959.47 $8,397.24 $8,859.09 $9,346.34 $9,860.38 HBFA 2007-1-23-08 Draft 85 -47- 2/11/20081n8k7M 2.0% EFFECTIVE MARCH 20, 2010 56-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 530 $21.90 $23.10 $24.38 $25.72 $27.14 0160 Fire Engineer 561 $25.56 $26.97 $28.45 $30.02 $31.67 0226 Firefighter Paramedic 561 $25.56 $26.97 $28.45 $30.02 $31.67 0227 Fire Protection Specialist 570 $26.74 $28.21 $29.76 $31.40 $33.13 0512 Fire Development Specialist 585 $28.81 $30.40 $32.07 $33.84 $35.70 0101 Fire Captain 589 $29.40 $31.01 $32.71 $34.51 $36.41 0100 Deputy Fire Marshal 611 $32.80 $34.60 $36.51 $38.52 $40.63 56-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 530 $2,452.80 $2,587.70 $2,730.03 $2,880.80 $3,039.24 0160 Fire Engineer 561 $2,863.20 $3,020.68 $3,186.81 $3,362.09 $3,547.00 0226 Firefighter Paramedic 561 $2,863.20 $3,020.68 $3,186.81 $3,362.09 $3,547.00 0227 Fire Protection Specialist 570 $2,994.90 $3,159.62 $3,333.40 $3,516.74 $3,710.16 0512 Fire Development Specialist 585 $3,227.26 $3,404.76 $3,592.02 $3,789.58 $3,998.00 0101 Fire Captain 589 $3,292.38 $3,472.80 $3,663.80 $3,865.31 $4,078.40 0100 Deputy Fire Marshal 611 $3,673.60 $3,875.65 $4,088.81 $4,313.69 $4,550.95 56-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 530 $5,314.40 $5,606.69 $5,915.06 $6,241.73 $6,585.03 0160 Fire Engineer 561 $6,203.60 $6,544.80 $6,904.76 $7,284.52 $7,685.17 0226 Firefighter Paramedic 561 $6,203.60 $6,544.80 $6,904.76 $7,284.52 $7,685.17 0227 Fire Protection Specialist 570 $6,488.95 $6,845.84 $7,222.36 $7,619.59 $8,038.67 0512 Fire Development Specialist 585 $6,992.39 $7,376.97 $7,782.70 $8,210.75 $8,662.34 0101 Fire Captain 589 $7,133.49 $7,524.40 $7,938.24 $8,374.85 $8,836.53 0100 Deputy Fire Marshal 611 $7,959.47 $8,397.24 $8,859.09 $9,346.34 $9,860.38 HBFA 2007-1-23-08 Draft 85 -48- 2/11/2008'��R1�=8 2.0% EFFECTIVE SEPTEMBER 18, 2010 40-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 534 $31.28 $33.00 $34.82 $36.73 $38.75 0160 Fire Engineer 565 $36.51 $38.52 $40.64 $42.87 $45.23 0226 . Firefighter Paramedic 565 $36.51 $38.52 $40.64 $42.87 $45.23 0227 Fire Protection Specialist 574 $38.18 $40.28 $42.50 $44.84 $47.31 0512 Fire Development Specialist 589 $41.15 $43.41 $45.80 $48.32 $50.98 0101 Fire Captain 593 $41.98 $44.29 $46.73 $49.30 $52.01 0100 Deputy Fire Marshal 615 $46.84 $49.42 $52.14 $55.01 $58.04 40-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 534 $2,502.44 $2,640.07 $2,785.28 $2,938.47 $3,100.08 0160 Fire Engineer 565 $2,920.80 $3,081.44 $3,250.92 $3,429.72 $3,618.36 0226 Firefighter Paramedic 565 $2,920.80 $3,081.44 $3,250.92 $3,429.72 $3,618.36 0227 Fire Protection Specialist 574 $3,054.40 $3,222.39 $3,399.62 $3,587.20 $3,784.50 0512 Fire Development Specialist 589 $3,292.38 $3,472.80 $3,663.80 $3,865.31 $4,078.40 0101 Fire Captain 593 $3,358.31 $3,543.01 $3,738.40 $3,944.01 $4,160.93 0100 Deputy Fire Marshal 615 $3,747.20 $3,953.30 $4,171.20 $4,400.62 $4,643.20 40-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 534 $5,421.95 $5,720.16 $6,034.76 $6,366.68 $6,716.84 0160 Fire Engineer 565 $6,328.40 $6,676.46 $7,043.67 $7,431.07 $7,839.78 0226 Firefighter Paramedic 565 $6,328.40 $6,676.46 $7,043.67 $7,431.07 $7,839.78 0227 Fire Protection Specialist 574 $6,617.87 $6,981.85 $7,365.85 $7,772.27 $8,199.74 0512 Fire Development Specialist 589 $7,133.49 $7,524.40 $7,938.24 $8,374.85 $8,836.53 0101 Fire Captain 593 $7,276.33 $7,676.53 $8,099.87 $8,545.36 $9,015.35 0100 Deputy Fire Marshal 615 $8,118.93 $8,565.47 $9,037.60 $9,534.67 1 $10,060.27 HBFA 2007-1-23-08 Draft 85 -49- 2/11/2008 8 2.0% EFFECTIVE SEPTEMBER 18, 2010 56-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 534 $22.34 $23.57 $24.87 $26.24 $27.68 0160 Fire Engineer 565 $26.08 $27.51 $29.03 $30.62 $32.31 0226 Firefighter Paramedic 565 $26.08 $27.51 $29.03 $30.62 $32.31 0227 Fire Protection Specialist 574 $27.27 $28.77 $30.35 $32.03 $33.79 0512 Fire Development Specialist 589 $29.40 $31.01 $32.71 $34.51 $36.41 0101 Fire Captain 593 $29.98 $31.63 $33.38 $35.21 $37.15 0100 Deputy Fire Marshal 615 $33.46 $35.30 , $37.24 $39.29 $41.46 56-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 534 $2,502.44 $2,640.07 $2,785.28 $2,938.47 $3,100.08 0160 Fire Engineer 565 $2,920.80 $3,081.44 $3,250.92 $3,429.72 $3,618.36 0226 Firefighter Paramedic 565 $2,920.80 $3,081.44 $3,250.92 $3,429.72 $3,618.36 0227 Fire Protection Specialist 574 $3,054.40 $3,222.39 $3,399.62 $3,587.20 $3,784.50 0512 Fire Development Specialist 589 $3,292.38 $3,472.80 $3,663.80 $3,865.31 $4,078.40 0101 Fire Captain 593 $3,358.31 $3,543.01 $3,738.40 $3,944.01 $4,160.93 0100 Deputy Fire Marshal 615 $3,747.20 $3,953.30 $4,171.20 $4,400.62 $4,643.20 56-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 534 $5,421.95 $5,720.16 $6,034.76 $6,366.68 $6,716.84 0160 Fire Engineer 565 $6,328.40 $6,676.46 $7,043.67 $7,431.07 $7,839.78 0226 Firefighter Paramedic 565 $6,328.40 $6,676.46 $7,043.67 $7,431.07 $7,839.78 0227 Fire Protection Specialist 574 $6,617.87 $6,981.85 $7,365.85 $7,772.27 $8,199.74 0512 Fire Development Specialist 589 $7,133.49 $7,524.40 $7,938.24 $8,374.85 $8,836.53 0101 Fire Captain 593 $7,276.33 $7,676.53 $8,099.87 $8,545.36 $9,015.35 0100 Deputy Fire Marshal 615 $8,118.93 $8,565.47 $9,037.60 $9,534.67 $10,060.27 HBFA 2007-1-23-08 Draft 85 -50- 2111/2008 2.5% EFFECTIVE MARCH 19, 2011 40-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 _ Firefighter 539 $32.08 $33.84 $35.70 $37.66 $39.73 0160 Fire Engineer 570 $37.44 $39.50 $41.67 $43.96 $46.38 0226 Firefighter Paramedic 570 $37.44 $39.50 $41.67 $43.96 $46.38 0227 Fire Protection Specialist 579 $39.16 $41.31 $43.58 $45.98 $48.51 0512 Fire Development Specialist 594 $42.20 $44.52 $46.97 $49.55 $52.27 0101 Fire Captain 598 $43.04 $45.41 $47.91 $50.54 $53.32 0100 Deputy Fire Marshal 620 $48.03 $50.67 $53.46 $56.40 $59.50 40-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 _ Firefighter 539 $2,566.40 $2,707.55 $2,856.00 $3,013.08 $3,178.80 0160 Fire Engineer 570 $2,994.90 $3,159.62 $3,333.40 $3,516.74 $3,710.16 0226 _ Firefighter Paramedic 570 $2,994.90 $3,159.62 $3,333.40 $3,516.74 $3,710.16 0227 Fire Protection Specialist 579 $3,132.80 $3,305.10 $3,486.40 $3,678.15 $3,880.45 _ 0_512 +Fire Development Specialist 594 $3,376.00 $3,561.68 $3,757.57 $3,964.24 $4,181.60 0101 _ Fire Captain 598 $3,443.20 $3,632.58 $3,832.80 $4,043.20 $4,265.58 0100 Deput Fire Marshal 620 $3,842.40 $4,053.73 $4,276.69 $4,511.91 $4,760.06 40-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 _ Firefighter 539 $5,560.53 $5,866.36 $6,188.00 $6,528.34 $6,887.40 0160 _ Fire Engineer 570 $6,488.95 $6,845.84 $7,222.36 $7,619.59 $8,038.67 0226 - Firefighter Paramedic 570 $6,488.95 $6,845.84 $7,222.36 $7,619.59 $8,038.67 0227 Fire Protection Specialist 579 $6,787.73 $7,161.06 $7,553.87 $7,969.33 $8,407.64 0512 Fire Development Specialist 594 $7,314.67 $7,716.97 $8,141.41 $8,589.18 $9,060.13 0101 _ Fire Captain 598 $7,460.27 $7,870.58 $8,304.40 $8,760.27 $9,242.08 0100 Deputy Fire Marshal 620 $8,325.20 $8,783.09 $9,266.16 $9,775.79 $10,313.46 HBFA 2007-1-23-08 Draft 85 -51- 2/11/2008112812008 2.5% EFFECTIVE MARCH 19, 2011 56-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 539 $22.91 $24.17 $25.50 $26.90 $28.38 0160 Fire Engineer 570 $26.74 $28.21 $29.76 $31.40 $33.13 0226 Firefighter Paramedic 570 $26.74 $28.21 $29.76 $31.40 $33.13 0227 Fire Protection Specialist 579 $27.97 $29.51 $31.13 $32.84 $34.65 0512 Fire Development Specialist 594 $30.14 $31.80 $33.55 $35.39 $37.34 0101 Fire Captain 598 $30.74 $32.43 $34.22 $36.10 $38.09 0100 Deputy Fire Marshal 620 $34.31 $36.19 $38.18 $40.28 $42.50 56-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 539 $2,566.40 $2,707.55 $2,856.00 $3,013.08 $3,178.80 0160 Fire Engineer 570 $2,994.90 $3,159.62 $3,333.40 $3,516.74 $3,710.16 0226 Firefighter Paramedic 570 $2,994.90 $3,159.62 $3,333.40 $3,516.74 $3,710.16 0227 Fire Protection Specialist 579 $3,132.80 $3,305.10 $3,486.40 $3,678.15 $3,880.45 0512 Fire Development Specialist 594 $3,376.00 $3,561.68 $3,757.57 $3,964.24 $4,181.60 0101 Fire Captain 598 $3,443.20 $3,632.58 $3,832.80 $4,043.20 $4,265.58 0100 Deputy Fire Marshal 620 $3,842.40 $4,053.73 $4,276.69 $4,511.91 $4,760.06 56-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 539 $5,560.53 $5,866.36 $6,188.00 $6,528.34 $6,887.40 0160 Fire Engineer 570 $6,488.95 $6,845.84 $7,222.36 $7,619.59 $8,038.67 0226 Firefighter Paramedic 570 $6,488.95 $6,845.84 $7,222.36 $7,619.59 $8,038.67 0227 Fire Protection Specialist 579 $6,787.73 $7,161.06 $7,553.87 $7,969.33 $8,407.64 0512 Fire Development Specialist 594 $7,314.67 $7,716.97 $8,141.41 $8,589.18 $9,060.13 0101 Fire Captain 598 $7,460.27 $7,870.58 $8,304.40 $8,760.27 $9,242.08 0100 Deputy Fire Marshal 620 $8,325.20 $8,783.09 $9,266.16 $9,775.79 $10,313.46 HBFA 2007-1-23-08 Draft 85 -52- 2/11/200844M2088 EXHIBIT C RETIREE SUBSIDY MEDICAL PLAN An employee who has retired from the City shall be entitled to participate in the -City s-pe-nserecl-available 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) continuous years of regular (permanent) City service immediately prior to retirement or is granted an industrial disability retirement. 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; 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. 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 sponsored medical insurance plans shall be governed by applicable plan document. 2. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of his/her death or would be eligible to receive if he/she were retired at the time of death, shall be paid on behalf of the spouse or dependent(s) for a period not to exceed twelve (12) months. D. Industrial Disabilitv Retirees - Industrial disability retirees with less than ten (10) continuous years of regular (permanent) 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. E. Maximum Monthly Subsidy Payments - The 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 HBFA 2007-1-23-08 Draft 85 -53- 2/11/2008112812008 insufficient funds needed to pay the full premium for the employee and the remaining dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. All retirees, including those retired as a result of industrial disability whose number of years of continuous regular (permanent) service immediately prior to retirement exceeds ten (10) years, shall be entitled to maximum monthly payment of premiums by the City for each year of completed City service as follows: Maximum Monthly Payment for Retirees After: Years of Service 10 $ 121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 F. Eligibility: 1. The effective start-up date of the Retiree Subsidy Medical Plan for the eligible retirees shall be the first of the month following retirement date. 2. A retiree may change plans, add dependents, etc., during annual open enrollment. The City 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 continuous regular (permanent) service with the City of Huntington Beach immediately prior to retirement. 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 HBFA 2007-1-23-08 Draft 85 -54- 2111/200841 08 coverage regardless of benefit level and shall be deleted from any City sponsored health insurance Plan. Exceptions to this requirement are limited to the following: a. A retiree is not required to enroll in such "other" medical insurance plan coverage if there is significant disparity between the benefits provided by the "other" medical insurance plan and the City sponsored health insurance 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 greater than or equal to $1,000 per person. 4) Major medical benefits are paid at 60% or less of covered expenses in network. b. The City Administrator or designee will have the authority to provide additional exceptions following review of the "other" medical insurance plan policy. Exceptions will be made only if the "other" medical plan benefit provisions are comparable to the guidelines under (F.4.a.) above. c. Miscellaneous Provisions: 1) Benefits provided under the Sity-spenseredavaliable medical insurance plan will be coordinated with the "other" medical insurance plan as the primary carrier. 2) The City shall have the right to require any retiree to provide a copy of the "other" medical insurance plan policy for review by the City Administrator or designee. 5. When a retiree under age 65 becomes eligible for the other group coverage and then becomes no longer eligible, he/she may have the Retiree Subsidy Medical Plan reinstated for the purchase of City pensavaliable health insurance. 6. Dependents of a retiree under age 65 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. HBFA 2007-1-23-08 Draft 85 -55- 2/11/20081/2812008 8. When a retiree is under 65 and his/her spouse is over 65, the spouse is not covered. G. Premium payments are to be received at least one month in advance of the coverage period. Retiree Subsidy Medical Plan and COBRA participants shall be notified of non-payment of premium by means of a certified letter from the City in accordance with provisions of the Memorandums of Understanding. 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. H. Subsidies: 1. The subsidy payments will pay for: a. CityspnsoFedAvailable health insurance plans for eligible retirees. b. Part A of Medicare for those retirees not eligible for paid Part A. 2. Subsidy payments will not pay for- a. Part B Medicare. b. Any other City sponsored benefit plan. c. Any other commercially available benefit plan. d. Medicare supplements I. 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. HBFA 2007-1-23-08 Draft 85 -56- 2/11120084128=" J. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the first day of the month in which the retiree reaches age 65 whether or not the retiree applies for Medicare coverage. If such retiree was covering dependents under the Plan, -dependents will be eligible for COBRA continuation benefits effective as of first day of the month in which the retiree reaches age 65. 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. 2. Premium payments are to be received at least one month in advance of the coverage period. 3. 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. HBFA 2007-1-23-08 Draft 85 -57- 2/11/2008 `. 8 EXHIBIT D O- TILLER CERTIFICATION Following is the method of application regarding Tiller Certification, Article V, Section E-4 of the Huntington Beach Firefighter's Association MOU: Article V, Section E-4-Tiller Certification a. Tiller Certification -- The Huntington Beach Training Manual, Seetien O-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;. . HBFA 2007-1-23-08 Draft 85 -58- 2/11/2008 08 i*4 111-41(t 91 : • j,••ll ''''• 111MOINVAI This is to memorialize an agreement between the City of Huntington Beach (City) and the Huntington Beach Firefighter's Association (HBFA) regarding authorizing the HBFA to administer its own Long Term Disability (LTD) insurance program providing the following conditions are adhered to: 1. The City and HBFA agree that the City shall not provide a City -sponsored LTD Insurance Program for employees represented by HBFA. 2. HBFA shall contract with an insurance provider for LTD insurance for the employees represented by the HBFA. 3. The City shall pay to HBFA for the cost of LTD premiums not to exceed $38.00 per month per occupied covered position represented by HBFA. 4. Non -dues paying represented employees shall be covered by the LTD Policy at the same premium rate as dues paying represented employees. 5. City payment to HBFA is to be made for each represented employee per month based on the bi-weekly payroll. 6. HBFA shall pay the insurance company for the cost of premiums and any charges incurred for administering the program. 7. HBFA shall provide the City with a monthly listing of covered employees. 8. No self-funding/self-insurance of LTD benefits is permitted under this agreement. 9. HBFA shall authorize the City to have the insurance company provide documentation to the City as follows: a) A copy of the most current audited financial statements. b) A copy of the latest actuarial report, which should be completed by an independent "Fellow of the Society of Actuaries"; c) A copy of the in -force re -insurance Policy; 10. HBFA will provide a statement certifying that premiums collected are for LTD benefits for HBFA represented employees only. HBFA 2007-1-23-08 Draft 85 -59- 2/11/2008 2 EXHIBIT F 40/56-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL LEAVE BENEFITS (EXAMPLE) Permanent, full-time employees shall accrue annual vacations or sick leave at their appropriate assigned work schedule rate, either 40-hour or 56-hour workweek. The actual accrual, as reflected on their payroll check will also reflect their actual work schedule. In the event of a change in work schedules, personnel will have their accrual rate (Constant) and actual accrual (Accrued) change to the new schedule using the conversion factor, .7143. Paychecks will reflect the accrual rate based on the actual work schedule, either forty (40) or fifty-six (56) hour schedule. All maximum accruals will be modified to reflect the proper number of hours, either 40-hour or 56-hour workweek. EXAMPLE — CURRENT EXCEPTION 40-HOUR FIRE PROTECTION SPECIALIST Paycheck stub shows 1000 hours accrued sick leave. Employee uses 24 hours sick time. 1000 hours — 24 hours = 976 hours. 56-HOUR FIREFIGHTER PARAMEDIC Paycheck stub shows 1000 hours accrued sick leave. Employee uses 24 hours sick time. 1000 hours — 24 x .7143 = 17.1 hours = 982.9 hours (This mathematical transaction takes place for each exception.) EXCEPTION ALL 56-HOUR PERSONNEL Modify to 56-hour schedule - current accrued hours divided by .7143. 40-hour rate paycheck stub indicates 1000 hours sick leave. 1000 hours divided by .7143 = 1400 hours 1400 hours would be reflected on the employee's 56-hour workweek paycheck stub. 56-hour schedule employee uses 24-hours sick time - hours are taken hour for hour. 1400 hours — 24 hours = 1376 hours remaining. H13FA FINAL MOU v.3 211112008 `„ -60- EXHIBIT F - Continued 56/40-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL LEAVE BENEFITS (EXAMPLE) 40-HOUR FIRE PROTECTION SPECIALIST Remains the same FIRE PROTECTION SPECIALIST IS REASSIGNED AS A 56-HOUR FIREFIGHTER PARAMEDIC ACCRUALRATE Current 40-hour Fire Protection Specialist sick leave accrual - 3.6923 hours per pay period. 56-hour Firefighter Paramedic employee would accrue sick leave at 5.1691 (3.6923 divided by .7143 = 5.1691) hours per pay period. This would accurately indicate accrual at the 56- hour rate. 56-HOUR EMPLOYEE ASSIGNED TO A 40-HOUR POSITION Upon change of 56-hour Firefighter Paramedic employee to a 40-hour Fire Protection Specialist. Accrued sick leave = 1400 hours 1400 x .7143 = 1000 hours 1000 hours would be reflected on pay check. Sick leave accrual would return to 3.6923 per pay period; HBFA FINAL MOU v.3 2/11/2008 L28Q"8 -61- EXHIBIT G POLICY D-14, MINIMUM STAFFING AND FILLING OF VACANCIES H13FA FINAL MOU v.3 2/11/2008 20 -62- ATTACHMENT #3 RESOLUTION NO. 2008-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (HBFA) AND THE CITY OF HUNTINGTON BEACH FOR SEPTEMBER 25, 2007 THROUGH JUNE 24, 2011. WHEREAS, the City Council of the City of Huntington Beach does hereby resolve as follows: The Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Firefighters' Association ("HBFA"), 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 of September 25, 2007, through June 24, 2011. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of February , 20 08 . REVIE DAP OVED: City Administrator APPROVED AS TO FORM: r i ttorne 17960 MAIM The Huntington Beach Firefighters' Association September 25, 2007 through June 24, 2011 Exhibit "A" Resolution No. 2008-13 ARTICLE I - REPRESENTATIONAL UNIT/CLASSIFICATIONS.................................................................................1 ARTICLE II — EXISTING CONDITIONS OF EMPLOYMENT.......................................................................................1 ARTICLEIII - SEVERABILITY......................................................................................................................................2 ARTICLEIV — SALARY SCHEDULES...............................................................................................•.........................2 ARTICLEV — SPECIAL PAY........................................................................................................................................3 A. EDUCATION...................................................................................................................................... 3 1. Incentive Plan...................................................................................................................................................3 a. Level ................. ...................... .......................................... 3 b. Level 11 .....................................................................................................................................................3 C. Maximum Education Incentive Pay ...............................................................................•--.......................3 d. Degree Majors.........................................................................................................................................3 e. Education Committee.. ........................................... _ ............................................................................... 3 f. Effective Date....................................................................................................... ..................................3 g. Previous Benefits.....................................................................................................................................4 B. ACTING ASSIGNMENTS...................................................................................................................... 4 C. ADMINISTRATIVE APPOINTMENTS....................................................................................................... 4 1. Administrative Appointments............................................................................................................................4 2. Pay Upon Completion of Administrative Appointment......................................................................................4 D. PAY UPON COMPLETION OF PARAMEDIC DUTIES................................................................................. 5 E. SPECIAL CERTIFICATION/SKILL PAY................................................................................................... 5 1. State Board of Fire Service Certification..........................................................................................................5 2. Paramedic Re-certification...............................................................................................................................5 3. Preceptors........................................................................................................................................................5 4. Firefighter Tiller Certification....................................................................... .....................................................6 a. Tiller Certification.....................................................................................................................................6 b. Class B Driver License ..........................................................................................6 C. Light Air Unit...........................................................................................................................................6 5. Bilingual Skill....................................................................................... ............................................................6 6. Fire Protection Specialist..................................................................................................................................6 7. Level If Investigator....................................................................... ..................................................................6 8. Urban Search and Rescue (USAR) Team Assignment Pay............................................................................7 9. Hazardous Materials (Hazmat) Team Assignment Pay...................................................................................7 10. Rank Paramedic Assignment Pay...................................................................................................................7 11. Special Certification Pay...................................................................................................................................8 F. HOLIDAY PAY-IN-LIEU....................................................................................................................... 8 G. LONGEVITY PAY................................................................................................................................ 9 H. REPORTABLE TO PERS..................................................................................................................... 9 ARTICLE VI — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT .........................................................................9 A. UNIFORMS PROVIDED BY CITY........................................................................................................... 9 B. UNIFORM ALLOWANCE/FITNESS......................................................................................................... 9 C. UNIFORM CARE AND REPLACEMENT................................................................................................. 10 D. UNIFORM POLICIES AND ADVISORY COMMITTEE................................................................................ 10 E. REPORTABLE TO PERS................................................................................................................... 10 ARTICLE VII — HOURS OF WORK/OVERTIME........................................................................................................11 A. WORK SCHEDULE........................................................................................................................... 11 B. HOURS OF WORK - DEFINED............................................................................................................ 11 C. LEVEL PAY PLAN............................................................................................................................. 12 1. Twenty-four (24) Hour Shift Personnel...........................................................................................................12 HBFA MOU Sept. 25, 2007 — June 24, 2011 -ii- 2111/2008 Exhibit "A" Resolution No. 2008-13 TABLE OF CONTENTS 3. Lost Time Defined..........................................................................................................................................12 4. Forty (40) Hour Work Week ............•.............................................................................................................12 5. 4/10 Work Schedule Defined..........................................................................................................................12 D. OVERTIME/COMPENSATORY TIME.................................................................................................... 13 1. Paid Overtime.................................................................................................................................................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. Electronic Communication Devices................................................................................................................14 6. Required Training Attendance........................................................................................................................14 7. Cancellation of Overtime................................................................................................................................14 8. Court Time......................................................................................................................................................15 9. Pay out of Rank..............................................................................................................................................15 E. JURY DUTY.............................................••...................................................................................... 15 F. SHIFT EXCHANGE/RELIEF................................................................................................................ 15 G. ASSIGNED SHIFT POLICY................................................................................................................. 16 H. MINIMUM STAFFING AND FILLING VACANCIES.................................................................................... 16 1. Minimum Staffing Levels................................................................................................................................16 ARTICLE VIII — HEALTH AND OTHER INSURANCE BENEFITS.............................................................................16 A. HEALTH INSURANCE........................................................................................................................ 16 B. ELIGIBILITY CRITERIA AND COST...................................................................................................... 16 1. City Paid Medical Insurance — Employee and Dependents............................................................................16 b. Employer Contribution to Health and Other Insurance Benefits............................................................17 C. FUTURE PREMIUMS......................................................................................................................... 17 D. PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT (PEMHCA) OPTION .................................... 18 E. MEDICAL CASH-OUT....................................................................................................................... 18 F. SECTION 125 PLAN......................................................................................................................... 18 G. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT........................................................................ 18 1. Life..................................................................................................................................................................18 2. Accidental Death and Dismemberment ........................................ .................................................................. 18 H. LONG TERM DISABILITY................................................................................................................... 18 I. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL RETIREE SUBSIDY PLAN...................................................................................................................................................18 J. POST-65 SUPPLEMENTAL MEDICARE COVERAGE.............................................................................. 19 K. MISCELLANEOUS.............................................................................................................................19 ARTICLEIX — RETIREMENT.....................................................................................................................................20 A. BENEFITS....................................................................................................................................... 20 1. Public Employees' Retirement System...........................................................................................................20 2. Self -Funded Supplemental Retirement Benefit..............................................................................................21 3. Medical Insurance for Retirees.......................................................................................................................21 B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING ................................... 22 1_ Employee's Contribution................................................................................................................................22 2. Reporting of Base Salary ... 0...........................................................................................................................22 C. REINSTATEMENT PRIVILEGES FOR DISABILITY RETIREES................................................................... 22 ARTICLEX — LEAVE BENEFITS...............................................................................................................................23 A. LEAVE WITH PAY............................................................................................................................. 23 1. Vacation..........................................................................................................................................................23 a_ Accrual...................................................................................................................................................23 b_ Eligibility and Permission.......................................................................................................................24 C. Conversion to Cash...............................................................................................................................24 HBFA MOU Sept. 25, 2007 — June 24, 2011 -iii- 2/11/2008 Exhibit "A" Resolution No. 2008-13 TABLE OF CONTENTS d. Pay -Off at Termination...........................................................................................................................24 2. Sick Leave......................................................................................................................................................25 a. Accrual.........................................................................................................................................•.........25 b. Pay -Off at Termination..........................................................................................................................25 C. Utilization in Conjunction with Industrial Disability Leave.......................................................................25 3. Leave Benefit Entitlements.............................................................................................................................25 4. Bereavement..................................................................................................................................................26 5. Association Business......................................................................................................................................26 ARTICLEXI — CITY RULES.......................................................................................................................................26 A. PERSONNEL RULES......................................................................................................................... 26 B. PRECEDENCE OF AGREEMENT......................................................................................................... 26 C. LAYOFF RULES............................................................................................................................... 26 D. EMPLOYEE EMPLOYER RELATIONS RESOLUTION(EERR).................................................................. 26 ARTICLE XII - MISCELLANEOUS.............................................................................................................................26 A. FIRE DEPARTMENT PROMOTIONAL EXAMS — POLICY D-10................................................................ 26 B. LIVING QUARTERS........................................................................................................................... 26 C. PAYCHECKS................................................................................................................................... 27 1. Bi-Weekly Pay................................................................................................................................................27 2. Paycheck Stub................................................................................................................................................27 3. Direct Deposit .................................................... ............................................................................................. 27 4. Vacation Payroll Advance...............................................................................................................................27 D. CLASS B DRIVER'S LICENSE............................................................................................................ 27 E. DEFERRED COMPENSATION LOAN PROGRAM.................................................................................... 28 ARTICLE XIII — MANAGEMENT RIGHTS..................................................................................................................28 ARTICLE XIV — TERM OF MOU.............................................................................................................•..................28 ARTICLE XV - CITY COUNCIL APPROVAL..............................................................................................................29 EXHIBIT A — EMPLOYER -EMPLOYEE RELATIONS RESOLUTION.......................................................................30 EXHIBIT B - SALARY SCHEDULE......•...................................................................•.................................................31 EXHIBIT C — RETIREE SUBSIDY MEDICAL PLAN..................................................................................................47 EXHIBIT D — TILLER CERTIFICATION.....................................................................................................................52 EXHIBIT E — INCOME PROTECTION PLAN.............................................................................................................53 EXHIBIT F — 56-HOUR VACATION AND SICK LEAVE ACCRUAL — LEAVE BENEFITS (EXAMPLE) ..................54 EXHIBIT G - POLICY D-14, MINIMUM STAFFING AND FILLING OF VACANCIES................................................56 HBFA MOU Sept. 25, 2007 —June 24, 2011 -iv- 2/11/2008 Exhibit "A" Resolution No. 2008-13 MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) and THE HUNTINGTON BEACH FIREFIGHTER'S ASSOCIATION (Hereinafter called ASSOCIATION or HBFA) September 25, 2007 through June 24, 2011 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 Engineer Firefighter Firefighter Paramedic Fire Protection Specialist* Fire Development Specialist* *Administrative Appointments B. The City and Association have agreed to a procedure whereby the City, by and through the Human Resources 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. HBFA MOU Sept. 25, 2007 — June 24, 2011 2/11/2008 -1- Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION 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 MOU 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 For each year of this agreement, the base salary of each classification represented by the Association shall be as set forth in the Salary Schedules, Exhibit B. A. Waae Increases_ 1. Effective the beginning of the pay period that includes September 25, 2007, all bargaining unit employees shall receive a two and one-half percent (2.5%) wage increase, except that employees in the classification of Fire Captain shall receive an additional two percent (2%) wage increase, for a total wage increase of four and one half percent (4.5%). 2. Effective, the beginning of the pay period that includes March 24, 2008, all bargaining unit employees shall receive a two and one-half percent (2.5%) wage increase. 3. Effective the beginning of the pay period that includes September 23, 2008, all bargaining unit employees shall receive a three percent (3%) wage increase. 4. Effective the beginning of the pay period that includes, March 23, 2009, all bargaining unit employees shall receive a two and one-half percent (2.5%) wage increase. 5. Effective the beginning of the pay period that includes September 22, 2009, all bargaining unit employees shall receive a three percent (3%) wage increase. 6. Effective the beginning of the pay period that includes March 22, 2010, all bargaining unit employees shall receive a two percent (2%) wage increase. 7. Effective the beginning of the pay period that includes September 21, 2010, all bargaining unit employees shall receive a two percent (2%) wage increase. HBFA MOU Sept. 25, 2007 — June 24, 2011 -2- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION 8. Effective the beginning of the pay period that includes March 21, 2011, all bargaining unit employees shall receive a two and one-half percent (2.5%) wage increase. ARTICLE V — SPECIAL PAY A. Education: 1. Incentive Plan — It is the purpose and intent of the City to provide an 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 the levels of additional education listed below 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 attained an Associate Degree, or attained Junior status in a degree program, shall receive educational incentive pay of three percent (3%) of his/her base rate of pay. An employee may only receive this education incentive pay for one degree. b. Level II — Any employee who has attained a Bachelors Degree in Fire Administration, Public Administration, Public Policy or an equivalent degree as determined by the Education Committee and Fire Chief will receive education incentive pay of six percent (6%) of his/her base rate of pay. An employee may only receive this education incentive pay for one degree. c. Maximum Education Incentive Pay - The maximum education incentive pay an employee may receive is six percent (6%) of his/her base rate of pay for a Bachelors Degree. d. Degree Majors — Degree majors in an equivalent course of study other than Fire Science, Fire Administration, r Public Administration or Public Policy shall be approved in advance by the Education Committee. e. Education Committee — An Education Committee shall be established and composed of three (3) members. Of said three (3) members, one shall be appointed by the Association, one appointed by the Fire Chief, and the third shall be the Human Resources Director. f. Effective Date — Following certification by the Education Committee, the additional education incentive pay shall commence the beginning HBFA MOU Sept. 25, 2007 — June 24, 2011 -3- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION of the pay period following the employee's submission of a completed application that qualifies for education incentive pay. g. 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 "AA." if any. B. Acting Assignments - Employees acting in a higher classification, shall be properly qualified and compensated in accordance with the City Personnel Rules, C. Administrative Appointments: 1. Administrative Appointments — The City may, from time to time, administratively appoint employees to administrative or specialist positions. Employees so appointed to the positions of Captain Paramedic, Engineer Paramedic, Deputy Fire Marshal, Fire Protection Specialist or Fire Development Specialist shall serve at the discretion of the Fire Chief. An administrative appointment shall not affect the employee's regular classification or rank. Persons administratively appointed 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 Captain Paramedic, Engineer Paramedic, Deputy Fire Marshal, Fire Protection Specialist, or Fire Development Specialist who is subsequently 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 of the original reduction thereafter, until their rate of pay equals the rate of pay entitled as if they had not received the administrative appointment. b. An employee administratively appointed to the positions of Captain Paramedic, Engineer Paramedic, Deputy Fire Marshal, Fire Protection Specialist or Fire Development 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 demotions or layoffs. HBFA MOU Sept. 25, 2007 — June 24, 2011 -4- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION D. Pay Upon Completion of Paramedic Duties - Any Firefighter 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 salary range, his/her salary will be Y-rated and will not change until it no longer exceeds Step E of the respective Firefighter 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 demotions or layoffs. E. Special Certification/Special Assignment Skill Pay: 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 lump sum 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 assigned as a Firefighter Paramedic is re -certified by the State of California as a Paramedic, the Firefighter Paramedic shall be entitled to a lump sum cash payment of five hundred dollars ($500). Each time a Fire Captain or Fire Engineer is re -certified by the State of California as a paramedic, the employee shall be entitled to a lump sum cash payment of five hundred dollars ($500). Eligible employees are Fire Engineers or Fire Captains who currently possess a State of California Paramedic License and/or are re -certified by the State of California as a Paramedic to practice as a Paramedic. Re -certification pay for Captains and Engineers shall be limited to thirty (30) positions. The City will allow Fire Engineers and Fire Captains who are certified by the State of California as a paramedic to maintain local (Orange County) accreditation and to practice as a paramedic based upon established department standards. 3. Preceptors - Firefighter Paramedics who possess the qualifications necessary to be a preceptor and are assigned preceptor duties by the Fire Chief or his/her sworn designee shall be paid a special pay of 5.34% of the base hourly rate of Firefighter Step E for each hour worked. It is the intention to provide all eligible Firefighter Paramedics the same dollar value in this special pay. HBFA MOU Sept. 25, 2007 — June 24, 2011 -5- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION 4. Firefighter Tiller Certification - Firefighters that obtain and maintain the certifications and qualifications as outlined in (a) through (c) below shall receive a special pay of 1.78% of the bi-weekly base rate of Firefighter Step E. It is the intention to provide all eligible Firefighters the same dollar value in this special pay. 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 D. 5. Bilingual Skill Pay - Employees who are qualified may be called upon to use Spanish, Vietnamese, or Sign Language skills shall be paid an additional five percent (5%) of their base rate of pay in addition to their regular bi-weekly salary. Additional languages may be approved at the discretion of the Fire Chief. Employees may accept assignments utilizing bilingual skills in other languages on a short-term assignment with approval by the City Administrator. Such employees shall receive the additional five percent (5%) of their base rate of pay for the pay period that the assignment is in effect. In order to be qualified and certified for said compensation, employee's language proficiency will be tested and certified by the Human Resources Manager or designee. Basic conversational proficiency will be evaluated based on response to a scenario driven oral evaluation. Human Resources will notify candidates of the results of the oral evaluation. If the candidate's attempt is unsuccessful, he/she may repeat the process in six (6) months time from the date of the previous exam. Bilingual skill pay shall begin the first day of the pay period following certification. Employees certified and receiving bilingual skill pay for American Sign Language shall be required to re -certify bilingual skills with the Human Resources Manager or designee every five (5) years. 6. Fire Protection Specialist - Level I Investigator Certification -Must meet the requirements of NFPA 1033 Professional Qualifications for Fire Investigator 1, 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 one year (1) year of appointment as a Fire Protection Specialist. 7. Level II Investigator - The Level II Investigator salary rate will be adjusted 11 % resulting in the following assigned salary adjustment: HBFA MOU Sept. 25, 2007 — June 24, 2011 -6- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION a. Fire Protection Specialists assigned to a 56-hour suppression work schedule, regardless of the suppression rank, while on duty and temporarily reassigned to Level I responsibilities will be compensated at the Fire Protection Specialist 56-hour salary rate, for each hour temporarily assigned. b. Fire Personnel assigned to a 40-hour non -suppression work schedule, while on duty and temporarily reassigned as a Level II Investigator, will be compensated to 22 ranges above a Fire Protection Specialist for each hour temporarily assigned. C. Fire Suppression personnel, off duty and temporarily assigned as Level II Investigator, will be compensated 22 ranges above Fire Protection Specialist rate at time and one-half. d. Fire Suppression personnel, while on duty and temporarily reassigned to Level II Investigator, will be compensated 22 ranges above the Fire Protection Specialist rate at a 56-hour salary rate for each hour temporarily assigned. 8. Urban Search and Rescue (USAR) Team Assignment Pay a. Employees certified and assigned to a Type 3 (Light Duty) USAR team shall receive special assignment pay of one percent (1%) of their base rate of pay. b. Employees certified and assigned to a Type 2 (Medium Duty) USAR team shall receive special assignment pay of three percent (3%) of their base rate of pay. 9. Hazardous Materials (Hazmat) Team Assignment Pay a. Employees assigned to the Hazmat team as a Hazmat Technician shall receive special assignment pay of five percent (5%) of their base rate of pay. b. Employees assigned to the Hazmat team as a Hazmat Specialist shall receive special assignment pay of seven and one-half percent (7.5%) of their base rate of pay. 10. Rank Paramedic Assignment Pay — Employees in the classification of Fire Engineer and Fire Captain who are assigned to perform paramedic duties shall receive special assignment pay of fourteen percent (14%) of their base rate of pay- HBFA MOU Sept. 25, 2007 — June 24, 2011 -7- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION 11. Special Certification Pay - Employees who have obtained the following special certifications shall receive special certification pay as follows: a. Advanced Paramedic Certification — Each employee who possesses a current certification of (1) Advanced Cardiac Life Support, (2) Pediatric Advanced Life Support or Pediatric Education for Prehospital Personnel and (3) Pre -Hospital Trauma Life Support or Basic Trauma Life Support shall receive special certification pay of one percent (1 %) of their base rate of pay. b. Chief Officer Certification — Employees in the classifications of Fire Captain and Deputy Fire Marshal who are certified by the California State Fire Marshal's Office as Chief Officer shall receive special certification pay of three percent (3%) of their base rate of pay. c. Fire Officer Certification - Employees in the classifications of Firefighter, Firefighter Paramedic, Fire Engineer, Fire Protection Specialist and Fire Development Specialist who are certified by the California State Fire Marshal's Office as Fire Officer shall receive special certification pay of three percent (3%) of their base rate of pay. All special certification/special assignment/skill pay provided in Article V (E) shall be effective the beginning of the first full pay period following certification. The certification process shall be as follows: 1. Employees shall complete an Official Report including evidence that the employee has completed all required courses necessary to receive the certifications noted above. 2. Upon approval of the Fire Chief, the Official Report shall be submitted to the Education Committee for approval. 3. The effective date of the certification pays as defined above shall begin as defined in Article V.A.1.f. F. Holiday Pay -In -Lieu - Employees shall be compensated by the City in -lieu of the ten (10) listed holidays at their appropriate assigned work schedule rate, either at a forty - hour (40) or fifty-six hour (56) workweek. Employees assigned to the 40-hour workweek shall be compensated eight (8) hours per holiday. Employees assigned to the 56-hour workweek shall be compensated eleven hours and twelve minutes (11.2) hours per holiday. Personnel who change from a fifty-six (56) hour schedule to a forty (40) hour schedule shall multiply the existing hours by .7143. Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing hours by .7143. The following are the recognized legal holidays under this MOU: 1. New Year's Day (January 1) HBFA MOU Sept. 25, 2007 — June 24, 2011 -8- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION 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) 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 holidays set forth in Section F. of this Article, shall not be entitled to time off or overtime. G. Longevity Pay - All employees with the following full time, continuous service in the City of Huntington Beach shall receive the following longevity pay: 1. Five (5) years or more, but less than ten (10) years, of service shall receive longevity pay equal to 2.5% of base salary 2. Ten (10) years or more, but less than twenty (20) years, of service shall receive longevity pay equal to 5% of base salary 3. Twenty (20) years or more of service shall receive longevity pay equal to 7.5% of base salary H. Reportable to PERS — Subject to the Public Employees Retirement law and Regulations, compensation paid as a result of this Article shall be reported to CalPERS as salary. ARTICLE VI — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. Uniforms Provided by City — The City will provide all employees with uniforms as described in the most current Policy C-2. (Uniforms) executed by the City and HBFA. B. Uniform Allowance/Fitness — City shall provide each employee who participates in the Fire Department's current physical fitness program, Policy D-9, one hundred fifty dollars ($150) per fiscal year for the purchase of physical fitness uniforms and physical fitness shoes, payable in the first payroll period of December. New HBFA MOU Sept. 25, 2007 — June 24, 2011 -9- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION employees must actively participate a minimum of 90 days prior to December 1st to be eligible for the December uniform allowance. C. Uniform Care and Replacement: 1. The City at no cost to the employee, shall replace any uniforms with the exception of the physical fitness uniforms that are destroyed, become unacceptable, or were damaged by circumstances involving the Firefighter's regular work while on duty. 2. The uniforms described in paragraph A of this Article and Policy C-2 (Uniforms) shall be replaced by the City whenever the Fire Chief or his/her sworn designee determines that such replacement is necessary. 3. The employee shall be responsible for the preservation and cleaning of all uniforms. 4. All uniforms and equipment furnished by the City, with the exception of T- shirts, shall remain the property of the City and be returned or replaced if the employee terminates. D. Uniform Policies and Advisory Committee: 1. The present uniform and clothing policies, as delineated in this Article, shall remain in effect until the Fire Chief or his/her sworn designee and the Association mutually agrees 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 - The City will report as special compensation, in accordance with Title 2, California Code of Regulations, Section 571(1)(5) to the California Public Employees' Retirement System (CalPERS), for each classification the average annual cost of uniforms provided by the City as well as the physical fitness uniform described in Subsection (B). For employees who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. Upon request, the City will inform HBFA of the amounts reported as special compensation under this provision. HBFA MOU Sept. 25, 2007 — June 24, 2011 -10- 2/11/2008 Exhibit "A" - Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION ARTICLE VII — HOURS OF WORK/OVERTIME A. Work Schedule: 1. All twenty-four (24) hour shift employees shall work an average of fifty-six (56) hours per week pursuant to the current schedule of five (5) twenty-four (24) hour shifts in a fifteen (15) day period with six (6) consecutive days off 2. All twenty-four (24) hour shift employees shall be on a fifteen (15) day work period consistent with the 7(K) exemption set forth in the Fair Labor Standards Act (FLSA). 3. Fire Prevention staff and administrative work schedules are to be forty (40) hours per week on a four (4) day workweek, ten (10) hours per day, twenty eight (28) day 7(K) FLSA work period. B. Hours of Work - Defined- 1. Hours worked shall be defined as actual time worked, approved vacation, sick leave, compensatory time off, bereavement leave, and industrial injury or illness leave, with the exception of exchange of shift not being included. 2. Exchange of shifts shall occur at 0800 hours each day and comply with Fire Department Rules and Regulations, Policy B-2. . 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 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 at the fire stations or as provided in the current fitness policy D-9. Fitness activities shall be conducted under supervision as appropriate. 5. An employee who is held over beyond the end of his/her regular shift shall be compensated for the actual time he/she is required to remain on duty, computed to nearest 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 sworn designee. HBFA MOU Sept. 25, 2007 - June 24, 2011 -11- 2/11/2008 Exhibit "A" - Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION C. Level Pay Plan: 1. Twenty-four (24) Hour Shift Personnel —The 15 day FLSA work period shall begin at 8 a.m. on the first shift worked by the A shift following six days off. There shall be 14 FLSA work periods for every fifteen 14 day pay periods. Each employee shall be regularly scheduled to work 1680 hours during each cycle of 14 FLSA work periods (or fifteen pay periods). All hours worked in excess of 110 hours in an FLSA work period shall be compensated at the premium rate (one and one half times the regular rate of pay), so that for every cycle of 14 FLSA work periods, an employee shall receive 140 hours of premium pay for working regularly scheduled hours. All regularly scheduled non "lost time" hours shall be counted as hours worked. Each employee assigned to twenty-four shifts for a full FLSA work period shall receive 102.67 hours of regular pay and 9.33 hours at the overtime rate of pay, as defined in subsection D.1.a.of this Article, in each bi- weekly pay period, which shall compensate the employee for FLSA overtime for regularly scheduled shift work. The intent of this system is that all FLSA overtime hours worked shall be compensated by the first payday following the end of the 15 day FLSA work period. In the event that an employee receives FLSA overtime on a payday before that employee has actually worked FLSA overtime hours, the amount received shall be credited for FLSA purposes toward the next occasion on which the employee works FLSA overtime. If an employee who is paid FLSA overtime in advance of working FLSA hours leaves City employment, there shall be an adjustment in his/her final paycheck to reflect such advance payment. 2. In addition to the overtime pay as provided in subsection 1 above, twenty-four (24) hour shift employees shall receive pay at the overtime rate 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 overtime pay for only those overtime hours worked in excess of the number of lost time hours in the bi-weekly pay period. 3. Lost Time Defined — "Lost time" is defined as time when the employee does not work when regularly scheduled to do so and does not receive a leave of absence with pay. 4. Forty (40) Hour Work Week — Personnel who are not assigned to twenty-four hour shifts but are assigned to work forty (40) hours per week shall have a twenty-eight (28) day FLSA work period, which shall correspond to exactly two City pay periods and shall begin at the same time as a City pay period. Forty (40) hour personnel shall continue to receive overtime pay for working hours in excess of their regularly scheduled hours. 5. 4/10 Work Schedule Defined — The 4/10 work schedule shall be defined as working four (4) days at ten (10) hours per day in an FLSA designated work week. The FLSA designated work week shall be defined as Saturday 8:00:00 a.m. to Saturday 7:59:59 a.m. Meal periods are regarded as hours worked for personnel who are subject to call for emergency duty. All employees on the HBFA MOU Sept. 25, 2007 — June 24, 2011 -12- 2/11/2008 Exhibit "A" - Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION 4/10 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Administrator, Department Head or designee may require such service from said employees. D. Overtime/Compensatory Time: 1. Paid Overtime: a. All employees covered by this MOU shall be eligible for overtime pay at one and one-half (1 Y2) times their regular rate of pay, as defined by the Fair Labor Standards Act (FLSA), for all actual work performed in excess of the employees' scheduled hours in their declared work period. b. Any employee who works overtime in a higher classification shall be compensated at the rate of pay consistent with the classification worked. An employee who works overtime in a lower classification shall be compensated at the rate attendant to his/her regular classification. c. The City will maintain and adhere to the overtime system as set out in the most current Policy D-3 executed by the parties. The overtime system and/or Policy D-3 may be modified by mutual agreement of the parties at any time during the term of the MOU. 2. Compensatory Time: a. Non -Exempt — All overtime worked by non-exempt employees shall be compensated at the employee's overtime rate of pay and shall not be compensated by compensatory time off. b. Staff Personnel — For all employees in the classifications of Fire Protection Specialist, Fire Development Specialist and Deputy Fire Marshal, 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 or designee, 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 - with the approval of the Fire Chief or his/her sworn designee, which permission shall be granted unless granting the request will unduly disrupt the Department, or unless denying the request will violate the FLSA. Upon his/her request, any emplr ee may elect to convert all or a portion of compensatory time to a �:Ish payment at the employee's regular rate of pay. Any such pa°;anent shall be made on the next regular payday, following the sec;c �fe St, provided the request is made by the end of the previous payroll period. HBFA MOU Sept. 25, 2007 — June 24, 2011 -13- 2111/2008 Exhibit "A" - Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION 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 or his/her sworn designee, the City may be eligible for reimbursement from another agency for said cash payment. c. Compensatory Time Paid Off — Immediately prior to the time of any change in the salary schedule, any accumulated time, which has not been used or paid off, shall be eligible to be paid in cash at the regular rate of pay based upon the salary schedule for forty (40) hour per week personnel 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 at the employee's overtime rate of pay. 4. Mandatory Standby — Any employee may be placed on "mandatory standby" by the Fire Chief or his/her sworn 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. Electronic Communication Devices — Recognizing that electronic communication devices are part of the Fire Department's business and emergency alerting system, electronic communication devices 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 an electronic communication device while on such standby. An employee placed on mandatory standby may voluntarily wear an electronic communication device , 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. Electronic communications devices, as described above, shall not include cell phones. Members assigned to special staff or prevention duties and voluntarily receiving other types of consideration (i.e., twenty-four (24) hour assigned vehicle) may be required to wear pagers and respond while off duty when within pager call range. 6. Required Training Attendance — An employee who is required to attend a class or seminar to maintain his/her current position shall have his/her related expenses paid by the City. When attendance occurs at a time when the employee is not scheduled to work, he/she shall be compensated on an hourly basis. 7. Cancellation of Overtime — Any employee who is scheduled to work overtime in advance of the time set forth for such scheduling in Huntington Beach Fire Department Organization Manual, Policy D-3 which scheduling is subsequently HBFA MOU Sept. 25, 2007 — June 24, 2011 -14- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION 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 at the employee's overtime rate. 8. Court Time: a. Employees placed on standby for a court appearance involving City business during other than their scheduled working hours shall receive a minimum of two (2) hours base rate of 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 the overtime rate; provided, however, that if such time overlaps with the employee's scheduled working hours, said pay 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 overtime 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 - Subject to the approval of the Fire Chief or his/her sworn designee, an employee may voluntarily work in a classification below his/her rank. E. Jury Duty — Employees who are summoned to perform jury service shall be entitled to their regular compensation while serving; provided the fees, except mileage and subsistence allowance, if any, which they receive as jurors, are remitted to the City. F. Shift Exchange/Relief: 1. The Fire Department shall allow Association members' exchanges of schedule pursuant to the most current Policy D-7 of the Huntington Beach Fire Department Organization Manual that has been executed by the parties. Policy D-7 (Exchange of Work 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. HBFA MOU Sept. 25, 2007 — June 24, 2011 -15- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION 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 defined by Policy D-14, Minimum Staffing and Filling of Vacancies, a copy of which is attached as Exhibit H and incorporated by reference herein: ARTICLE Vill — HEALTH AND OTHER INSURANCE BENEFITS A. Health Insurance - The City shall continue to make available group health, dental and vision benefits to all HBFA employees. B. Eligibility Criteria and Cost: 1. City Paid Health Insurance — Employees and Dependents - An employee, eligible dependents, and qualifying domestic partners per state law, shall become eligible to participate in the City's insurance plan described below effective the first of the month following the employee's date of hire. Any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates. HBFA MOU Sept. 25, 2007 — June 24, 2011 -16- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION 2. Employer Contributions to Health and Other Insurance Benefits - The City's maximum monthly employer contributions for health and other insurance premiums is set forth in the charts below. 2008 Health Premiums and Contributions — HBFA Effective 01/01/08 In no event shall the employee be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee. C. Future Premiums - The City "caps" its contributions toward monthly group health, dental and vision plan premiums, by category (EE, EE + 1, and EE + 2 or more) and plan, at the year 2008 level. HBFA MOU Sept. 25, 2007 — June 24, 2011 -17- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION Until the City Council approves a successor to this Memorandum of Understanding, the City's 2008 contribution caps will remain in place in 2008 and beyond, even if premium increases result in these additional costs being borne by the employee. D. Public Employees' Medical and Hospital Care Act (PEMHCA) OPTION - Notwithstanding the above, the Association has the right to select Public Employees' Medical and Hospital Care Act (PEMHCA) medical insurance coverage under the same terms and conditions as other participating employee associations representing safety employees of the City, provided the City continues to offer PEMHCA insurance to any of its safety employees. The option must be exercised within thirty (30) days after receipt by HBFA of the initial premium rates for the following year, as provided by the City. E. Medical Cash -Out - If an employee is covered by a health program outside of a City - provided program (evidence of which must be supplied to the Employee Benefits Division the employee may elect to discontinue City health insurance coverage and receive ninety-two dollars and thirty-one cents ($92.31) bi-weekly to deposit into the employee's deferred compensation account or any other pre-tax program offered by the City. F. Section 125 Plan — Employees shall be eligible to participate in a City approved Internal Revenue Code Section 125 Flexible Spending Plan under the same terms and conditions as all other eligible City employees. This plan allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or non - reimbursable medical expenses. G. Life and Accidental Death and Dismemberment: 1. Life — The City shall provide a $50,000 (fifty thousand dollars) Life Insurance plan for each employee. 2. Accidental Death and Dismemberment — The City shall provide a fifty thousand dollars ($50,000) Accidental Death and Dismemberment Insurance plan for each employee. H. Long Term Disability — The City shall pay to the Association on behalf of each employee covered by this MOU, on a monthly basis, an amount not to exceed thirty- eight dollars ($38.00) per member for a Long Term Disability policy. The program shall be subject to the terms and conditions contained in Exhibit E. I. Retiree Medical Coverage for Retirees Not Eligible for the City Medical Retiree Subsidy Plan - Employees who retire from the City after January 1, 2004, are granted a retirement allowance by the California Public Employees' Retirement System and are not eligible for the City's Retiree Subsidy Medical Plan, may choose to participate in any health insurance plans available to all active employees in this bargaining unit until the first of the month in which they turn age sixty-five (65). HBFA MOU Sept. 25, 2007 — June 24, 2011 -18- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIRE FIGHTERV ASSOCIATION The retirees shall pay the full premium for any - health insurance for themselves and/or qualified dependents without any City subsidy. Employees who retire from the City, receive a retirement allowance from the California Public Employees' Retirement System, are not eligible for the City's Retiree Subsidy Medical Plan and choose not to participate in City medical insurance plans available to eligible retirees in this bargaining unit upon retirement, will permanently lose eligibility -for this insurance. However, if a retiree who is not eligible for the City's Retiree Subsidy Medical Plan chooses not to participate in available medical insurance plans because the retiree has access to other group medical insurance, and subsequently loses eligibility for that group medical insurance, the retiree and their qualified dependents will have access to medical insurance plans available to retirees eligible for reinstatement. Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or qualified dependent turns age sixty-five (65). J. Post-65 Supplemental Medicare Coverage - Retirees who are participating in the Retiree Subsidy Medical Plan as of January 1, 2004 and all future retirees who meet the criteria to participate in available medical insurance, with or without the Retiree Medical Subsidy Plan, may participate in available medical insurance plans that are supplemental to Medicare A retiree or qualified dependent must choose to participate in available medical insurance plans that are supplemental to Medicare beginning the first of the month in which the retiree or qualified dependent turns age sixty-five (65). The retiree shall pay the full premium to participate in available medical insurance plans that are supplemental to Medicare for themselves or qualified dependents without any City subsidy. Retirees or qualified dependents, upon turning age 65, who choose not to participate in available medical insurance plans that are supplemental to Medicare permanently lose eligibility for this insurance. K. 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 HBFA MOU Sept. 25, 2007 — June 24, 2011 -19- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION 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 "3%" at age 50 plan" which is based on the retirement formula as set forth in the California Public Employees' Retirement System (PERS), Sections 21362.2 of the California Government Code, including the one-half continuance option (Government Code Sections 21624 and 21626) for safety employees and the Fourth Level of the 1959 survivor option for all employees as established by the California Public Employees' Retirement System, Section 21571 of the California Government Code. b. If, at any time after the implementation of the 3% at age 50 formula the City is required to make retirement contributions with respect to employees represented by the Association, the amount with respect to which each employee is reimbursed pursuant to Article IX.B.1 shall be reduced by a percentage equal to one-half of the percentage of compensation earnable the City is required to pay in retirement contributions to PERS, not to exceed 2.25%. For example, if the City is required to contribute an amount equal to 2% of each employee's "compensation earnable," the amount of the reimbursement set forth in Article IX.B.1 shall be reduced from 9% of the employee's compensation earnable to 8% of the employee's compensation earnable. If, on the other hand, the City is required to contribute an amount equal to 8% of each employee's "compensation earnable," the amount of the reimbursement set forth in Article IX.B.1 shall be reduced to 6.75% of the employee's compensation earnable. c. The City shall contract with PERS to have retirement benefits calculated based upon the employee's highest one year's compensation, pursuant to the provisions of Section 20042 (highest single year). d. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU e. The City shall amend its contract with PERS to include the Pre -Retirement Optional Settlement 2 Death Benefit as set forth in California Government Code Section 21548 for all safety employees represented by the Association within the term of this agreement. HBFA MOU Sept. 25, 2007 — June 24, 2011 -20- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION 2. Self -Funded Supplemental Retirement Benefit: a. In the event a member elects Option #2 (Government Code Section 21456) or Option #3 (Government Code Section 21457) 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 available plans: 1) With no change in benefits, retirees can stay in any of the plans offered by the City, to active members in this bargaining unit, at the retiree's own expense, for the maximum time period required by Federal Law (COBRA), or 2) Early retirees (under age 65) may participate in the available health plans currently being offered to active employees. 3) Retirees over age 65 may participate in the Post-65 Supplemental Medicare Coverage described in Article VIII.I. 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 HBFA MOU Sept. 25, 2007 — June 24, 2011 -21- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION 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 — Subject to the limitations contained in Article IX A 1.b each safety employee covered by this MOU shall continue to be reimbursed nine percent (9%) of the employee's reportable compensation as the City's payment toward the employee's contribution to the Public Employees' Retirement System (PERS). The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. The above pickup shall be credited to the employee's account with PERS. Should any ruling by either PERS or other State or Federal agency nullify the benefit authorized above, the City and the Association agree to reopen negotiations regarding wages and salaries. 2. 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 — If a retiree seeks to cause PERS to revoke his/her disability retirement on the grounds that he/she is no longer incapacitated from performing the duties of the position held at the time of retirement, the City will not certify that he/she is no longer incapacitated from performing those HBFA MOU Sept. 25, 2007 — June 24, 2011 -22- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION duties until the employee passes the Departmental physical agility test. If PERS revokes his/her disability retirement, the City shall immediately reinstate the employee at his/her former position and pay step. ARTICLE X — LEAVE BENEFITS A. Leave with Pay: 1. Vacation — The purpose of annual vacation is to provide a rest period, which will enable each employee to return to work physically and mentally refreshed. All employees shall be entitled to annual vacation, with pay, in accordance with this Article. a. Accrual — Employees shall accrue annual vacations at their appropriate assigned work schedule rate, either forty hour (40) or fifty-six hour (56) workweek. Paychecks will identify the accrued vacation (Accrued) and accrual rate (Constant) based on their actual work schedule, either a forty (40) hour or fifty-six (56) hour schedule. In the event of a change in work schedules, personnel will have their accrued vacation (Accrued) and accrual rate (Constant) changed to the new schedule using the conversion factor .7143 (40 - 56). Personnel who change from a fifty-six (56) hour schedule to a forty (40) hour schedule shall multiply the existing hours by .7143, (see Exhibit G). Personnel who change from a forty (40) hour schedule to a fifty- six (56) hour schedule shall divide their existing hours by .7143. Personnel shall accrue annual vacations at the following rates: For the first four (4) years of continuous service vacation time shall be accrued at the rate of one hundred and twelve (112) hours per year for forty (40) hour per week employees, and one hundred and fifty-seven (157) hours per year for fifty-six (56) hour per week employees. After four (4) years of continuous service to the completion of nine (9) years of continuous service, vacation time shall be accrued at the rate of one hundred thirty-six (136) hours per year for forty (40) hour per week employees, and one hundred and ninety (190) hours per year for fifty-six (56) hour per week employees. After nine (9) years of continuous service to the completion of fourteen (14) years of continuous service, vacation time shall be accrued at the rate of one hundred sixty (160) hours per year for forty (40) hour per week employees, and two hundred and twenty-four (224) hours per year for fifty- six (56) hour per week employees. After fourteen (14) years of continuous service vacation, time shall be accrued at the rate of one hundred ninety-two (192) hours per year for forty ' For a detailed explanation regarding conversion refer to Exhibit F HBFA MOU Sept. 25, 2007 — June 24, 2011 -23- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION hour (40) per week employees, and two hundred sixty-nine (269) hours per year for fifty-six hour (56) per week employees. Vacation allowance shall not be accumulated in excess of three hundred forty-two (342) hours for forty (40) hour per week employees, and four hundred and eighty (480) hours per year for fifty-six (56) hour per week employees. b. Eligibility and Permission — No vacation may be taken until the completion of six (6) months of employment. No employee shall be permitted to take vacation in excess of actual time earned and no employee shall take vacation that is being accrued while the employee is on vacation. Vacations shall be taken only with permission of the Fire Chief or his/her sworn 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 the "A, B or C" Shift for work scheduling purposes. On each such shift, there shall be four (4) available vacation absences (referred to as "vacation slots"). That is, at any one time, there may be four (4) persons absent from duty on each such shift due to vacation. These slots shall be made available by rank, one (1) to Firefighters, one (1) to Fire Engineers, one (1) to Firefighter Paramedics; and one (1) to Captains. Thereafter, each additional employee shall be entitled to receive time off for requested vacation leave, so long as a qualified replacement is available to serve in his/her absence. c. Conversion to Cash — On two (2) occasions during each fiscal year each employee shall have the option to convert into a cash payment up to a total of eighty (80) hours, at the forty (40) hour rate, or one hundred twelve (112) at the fifty-six (56) hour rate, of earned vacation benefits during any one (1) fiscal year. The employee shall give two (2) weeks advanced notice of his/her desire to exercise such option. Vacation accumulated in excess of three hundred -forty-two (342) hours at the forty (40) hour rate shall be paid in cash at the straight time forty (40) hour rate, or four hundred and eighty (480) hours at the fifty-six (56) hour rate shall be paid in cash at the straight time fifty-six (56) hour rate on the first payday following such accumulation. d. Pay -Off at Termination — Except as provided in Section A.1.c. of this Article, no employee shall be paid for unused vacation other than upon termination of employment. Any vacation pay off at termination shall be at the regular rate of pay and the accrual rate the employee is earning at the time of separation. HBFA MOU Sept. 25, 2007 —June 24, 2011 -24- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION 2: Sick Leave: a. Accrual — The conversion factor for sick leave accrual shall be in accordance with Rule 18-9 of the City's Personnel Rules. Employees covered by this MOU shall accrue sick leave at the rate of 3.6923 hours per pay period for 40-hour week employees, and 5.1691 for fifty-six hour (56) week employees. Paychecks will identify the accrued sick leave (Accrued) and accrual rate (Constant) based on their actual work schedule, either a forty (40) hour or fifty-six (56) hour schedule. In the event of a change in work schedules, personnel will have their accrued sick leave (Accrued) and accrual rate (Constant) changed to the new schedule using the conversion factor .7143. Personnel who change from a fifty-six hour (56) schedule to a forty (40) hour schedule shall multiply their accrual rate by .7143, (see Exhibit G). Personnel who change from a forty (40) hour schedule to a fifty- six (56) hour schedule shall divide their accrual rate by .7143. b. Pay -Off at Termination — Upon termination for reasons other than for industrial disability retirement, employees shall have their accrued sick leave paid at the regular rate of pay and the accrual rate the employee is earning at the time of separation. Sick Leave shall be paid (or have paid on their behalf as provided in Article IX.A.3.b) for twenty-five percent (25%) of unused, earned sick leave from four hundred -eighty (480) through seven hundred -twenty (720) hours, and for fifty percent (50%) of all unused, earned sick leave for hours in excess of seven hundred -twenty (720) hours. Upon termination for industrial disability retirement, all employees shall have their accrued sick leave paid (or have paid on their behalf as provided in Article IX.A.3.b) at the regular rate of pay and the accrual rate at the time of separation 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. Leave Benefit Entitlements - As required by law, employees will be allowed to use up to one-half of their annual Sick Leave, accrual for family sick leave, pursuant to the provisions of California Labor Code Section 233. The City shall comply with all state and federal leave benefit entitlement laws and regulations. An eligible employee on an approved leave may be allowed to use earned Sick Leave, Vacation and/or Compensatory Time Off HBFA MOU Sept. 25, 2007 — June 24, 2011 -25- 2111/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION 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, step -father, step- mother, step -grandfather, step -grandmother, grandchildren, stepsisters, step- brothers, mother-in-law, father-in-law, brother-in-law, sister-in-law, step -children, 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 - All MOU provisions that supersede the City's Personnel Rules shall automatically be incorporated in the City's Personnel Rules. 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 as contained in the City's Personnel Rules in effect on July 1, 1980 shall remain in full force and effect during the entire term of this MOU. D. Employee Employer Relations Resolution (EERR) — During the term of the agreement, the City and Association shall meet and confer to update the EERR to reflect current state law. ARTICLE XII - MISCELLANEOUS A. Fire Department Promotional Exams — Policy D-10 — Promotional and open competitive examinations shall be held in accordance with the most current Policy D- 10 of the Huntington Beach Fire Department Organization Manual executed by the parties. Policy D-10 may be modified by mutual agreement of the parties at any time during the term of this MOU. B. Living Quarters — The City shall provide necessary kitchen, living and sleeping quarters in all fire stations and shall continue to provide facilities for Association meetings. HBFA MOU Sept. 25, 2007 — June 24, 2011 -26- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION 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 Stub A bi-weekly 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 include an itemization of the nature and the purpose of each deduction withheld from the employee's gross earnings. 3. Direct Deposit — Employees hired on or after the date this MOU is approved by the City Council shall receive their bi-weekly compensation through the City's direct deposit system. Employees currently participating in the City's direct deposit program must remain in that program. 4. Vacation Payroll Advance — Each employee shall, at his/her option, by written notice to the City's Human Resources Manager, be given at least two (2) weeks prior to the commencement of said employee's scheduled vacation, be entitled to receive his/her earned vacation pay, less deductions in advance of said vacation. Said right to receive advance payment of earned vacation pay shall be limited to one such advancement during each calendar year. D. Class "B" Driver License — Employees required by the City to obtain a State of California Class "B" or Class "B" Firefighter Restrictive Driver License will be reimbursed for fees paid to the California Department of Motor Vehicles to obtain the Class "B" Firefighter Restrictive Driver License. All employees in the classification of Fire Engineer shall be required to possess a current California Class B or California Class B Firefighter Restricted driver's license. All other bargaining unit employees shall be required to obtain the following: All employees hired after the date this MOU is approved by the City Council must acquire a California Class B or California Class B Firefighter Restricted driver's license prior to completing their probationary period. All current employees assigned to the USAR team who possess a California Class B or California Class B Firefighter Restricted driver's license as of the program's implementation date shall be required to maintain their license. All current employees assigned to the USAR team prior to the program's implementation date are not required to obtain a California Class B or California Class B Firefighter Restricted driver's license. All current employees assigned to the USAR team after the program's implementation shall obtain and maintain a California Class B or California Class B Firefighter Restricted driver's license within one (1) year of their assignment. HBFA MOU Sept. 25, 2007 — June 24, 2011 -27- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION All current employees assigned to the Hazardous Materials team who possess a California Class B or California Class B Firefighter Restricted driver's license shall maintain their license. All current employees assigned to the Hazardous Materials team prior to the date this MOU is approved by the City Council are not required to obtain a California Class B or California Class B Firefighter Restricted driver's license. All current employees assigned to the Hazardous Materials team after the date this MOU is approved by the City Council shall obtain and maintain a California Class B or California Class B Firefighter Restricted driver's license within one (1) year of their assignment. E. Deferred Compensation Loan Program — Employees may utilize the Deferred Compensation Loan Program, under which employees may borrow up to fifty percent (50%) of their deferred compensation funds for critical needs such as medical costs, college tuition, or purchase of a home. The value of any unused earned leave benefits may be transferred to deferred compensation in connection with separation but the employee must request the transfer no later than the pay period prior to the employee's last day of employment. 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 September 25, 2007and ending at midnight on June 24, 2011. 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. HBFA MOU Sept. 25, 2007 — June 24, 2011 -28- 2/11/2008 Exhibit "A" - Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION ARTICLE XV - CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or effect whatsoever unless and until ratified by the membership of HBFA and adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this day of , 2008. W3 M CITY OF HUNTINGTON BEACH A Municipal Corporation HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION. Paul Emery Donald Boland Interim City Administrator HBFA President By: Michele Carr Tom Faye Director of Human Resources HBFA Negotiation Team Leader Duane Olson Fire Chief Bob Hall Deputy City Administrator l By: Renee Mayne Chief Negotiator APPROVED AS TO FORM Jennifer McGrath City Attorney IN Stephen H. Silver Chief Negotiator HBFA MOU Sept 25, 2007 -- June 24, 2011 -29- 2/12/2008 Exhibit "A" - Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION ARTICLE XV - CITY COUNCIL APPROVAL It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or effect whatsoever unless and until ratified by the membership of HBFA and adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this Z day of FCBRu s2.� , 2008. CITY OF HUNTINGTON BEACH 1-1r iet By: o all Deputy City Administrator Renee Mayne Chief Negotiator APPROVED AS TO FORMA By:-� Jennifer McGrath City Attorney HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION. By: Donald Boland HBFA President B. /Z 1., 0 - lz / Y, m Faye HBFA Negotiation Team Leader By- ems')v_Ae� Step en H. Silver Chief Negotiator 46n HBFA MOU Sept 25, 2007 —June 24, 2011 -29- 2111/2008 Exhibit "A" - Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT A — EMPLOYER -EMPLOYEE RELATIONS RESOLUTION 7.3 Human Resources Officer Motion of Unit Modification — The Human Resources Officer may propose, during the same period for filing a Petition for Decertification, that an established unit be modified in accordance with the following procedure: a. The Human Resources Officer ' shall give written notice of the proposed unit modification to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources Officer's rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for Appropriateness of Units. Additionally, the Human Resources Officer shall provide all affected employee organizations with all correspondence, memoranda, and other documents, which relate to any input regarding the unit modification which may have been received by the City or from affected employees and/or sent by the City to affected employees; b. Following receipt of the Human Resources Officer's proposal for unit modification, any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the motion for unit modification to the Personnel Commission; c. The Personnel Commission shall conduct a noticed Public Hearing regarding the motion for unit modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed unit modification which determination may include a granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of bargaining units. Following the Personnel Commission's determination of the composition of the appropriate unit or units, it shall give written notice of such determination to all affected employee organizations; d. Any party who chooses to appeal from the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. NBFA MOU Sept. 25, 2007 — June 24, 2011 2/11/2008 -30- Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT B - SALARY SCHEDULE 2.5% EFFECTIVE SEPTEMBER 22, 2007 FIRE CAPTAIN AND DEPUTY FIRE MARSHAL 4.5% EFFECTIVE SEPTEMBER 22, 2007 40-Hour Rate (Hourly) Job Code Classification Ran e A B C D E 0229 Firefighter 504 $26.93 $28.41 $29.97 $31.62 $33.36 0160 Fire Engineer 535 $31.44 $33.17 $34.99 $36.91 $38.94 0226 Firefighter Paramedic 535 $31.44 $33.17 $34.99 $36.91 $38.94 0227 Fire Protection Specialist 544 $32.88 $34.69 $36.60 $38.61 $40.73 0512 Fire Development, Specialist 559 $35.43 $37.38 $39.44 $41.61 $43.90 0101 Fire Captain 563 $36.15 $38.14 $40.24 $42.45 $44.78 0100 Deputy Fire Marshal 585 $40.34 $42.56 $44.90 $47.37 $49.98 40-Hour Rate (Bi-Weekly) Job Code Classification Ran e A B C D E 0229 Firefighter 504 $2,154.72 $2,272.80 $2,397.80 $2,529.68 $2,668.82 0160 Fire Engineer 535 $2,514.95 $2,653.27 $2,799.20 $2,953.16 $3,115.58 0226 Firefighter Paramedic 535 $2,514.95 $2,653.27 $2,799.20 $2,953.16 $3,115.58 0227 Fire Protection Specialist 544 $2,630.69 $2,775.38 $2,928.02 $3,089.06 $3,258A0 0512 Fire Development Specialist 559 $2,834.40 $2,990.29 $3,155.20 $3,328.74 $3,511.82 0101 Fire Captain 563 $2,891.90 $3,050.96 $3,219.20 $3,396.26 $3,582.40 0100 Deputy Fire Marshal 585 $3,227.26 $3,404.76 $3,592.02 $3,789.58 $3,998.00 40-Hour Rate (Monthly) Job Code Classification Range A B C D IE 0229 Firefighter 504 $4,668.56 $4,924.40 $5,195.24 $5,480.98 $5,782.43 0160 Fire Engineer 535 $5,449.06 $5,748.76 $6,064.94 $6,398.51 $6,750.43 0226 Firefighter Paramedic 535 $5,449.06 $5,748.76 $6,064.94 $6,398.51 $6,750.43 0227 Fire Protection Specialist 544 $5,699.82 $6,013.31 $6,344.05 $6,692.97 $7,059.87 0512 Fire Development Specialist 559 $6,141.20 $6,478.97 $6,836.27 $7,212.26 $7,608.94 0101 Fire Captain 563 $6,265.79 $6,610.41 $6,974.93 $7,358.55, $7,761.87 0100 Deputy Fire Marshal 585 $6,992.39 $7,376.97 $7,782.70 $8,210.75 $8,662.34 HBFA MOU Sept. 25, 2007 - June 24, 2011 -31- 2/1112008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT B - SALARY SCHEDULE 2.5% EFFECTIVE SEPTEMBER 22, 2007 FIRE CAPTAIN AND DEPUTY FIRE MARSHAL 4.5% EFFECTIVE SEPTEMBER 22, 2007 56-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 504 $19.24 $20.29 $21.41 $22.59 $23.83 0160 Fire Engineer 535 $22.45 $23.69 $24.99 $26.37 $27.82 0226 Firefighter Paramedic 535 $22.45 $23.69 $24.99 $26.37 $27.82 0227 Fire Protection Specialist 544 $23.49 $24.78 $26.14 $27.58 $29.09 0512 Fire Development Specialist 559 $25.31 $26.70 $28.17 $29.72 $31.36 0101 Fire Captain 563 $25.82 $27.24 $28.74 $30.32 $31.99 0100 Deputy Fire Marshal 585 $28.81 $30.40 $32.07 $33.84 $35.70 56-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 504 $2,154.72 $2,272.80 $2,397.80 $2,529.68 $2,668.82 0160 Fire Engineer 535 $2,514.95 $2,653.27 $2,799.20 $2,953.16 $3,115.58 0226 Firefighter Paramedic 535 $2,514.95 $2,653.27 $2,799.20 $2,953.16 $3,115.58 0227 Fire Protection Specialist 544 $2,630.69 $2,775.38 $2,928.02 $3,089.06 $3,258.40 0512 Fire Development Specialist 559 $2,834.40 $2,990.29 $3,155.20 $3,328.74 $3,511.82 0101 Fire Captain 563 $2,891.90 $3,050.96 $3,219.20 $3,396.26 $3,582.40 0100 Deputy Fire Marshal 585 $3,227.26 $3,404.76 $3,592.02 $3,789.58 $3,998.00 56-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 504 $4,668.56 1 $4,924.40 $5,195.24 $5,480.98 $5,782.43 0160 Fire Engineer 535 $5,449.06 $5,748.76 $6,064.94 $6,398.51 $6,750.43 0226 Firefighter Paramedic 535 $5,449.06 $5,748.76 $6,064.94 $6,398.51 $6,750.43 0227 Fire Protection Specialist 544 $5,699.82 $6,013.31 $6,344.05 $6,692.97 $7,059.87 0512 Fire Development Specialist 559 $6,141.20 $6,478.97 $6,836.27 $7,212.26 $7,608.94 0101 Fire Captain 563 $6,265.79 $6,610.41 $6,974.93 $7,358.55 $7,761.87 0100 Deputy Fire Marshal 585 $6,992.39 $7,376.97 $7,782.70 $8,210.75 $8,662.34 HBFA MOU Sept. 25, 2007 - June 24, 2011 -32- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT B - SALARY SCHEDULE 2.5% EFFECTIVE MARCH 22, 2008 40-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 509 $27.62 $29.14 $30.74 $32.43 $34.21 0160 Fire Engineer 540 $32.24 $34.01 $35.88 $37.85 $39.93 0226 _ Firefighter Paramedic 540 $32.24 $34.01 $35.88 $37.85 $39.93 0227 _ Fire Protection Specialist 549 $33.71 $35.56 $37.52 $39.58 $41.76 0512 Fire Development Specialist 564 $36.32 $38.32 $40.43 $42.65 $45.00 0101 Fire Captain 568 $37.07 $39.11 $41.26 $43.53 $45.92 0100 Deputy Fire Marshal 590 $41.36 $43.63 $46.03 $48.56 $51.23 40-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 509 $2,209.60 $2,331.13 $2,459.34 $2,594.60 $2,736.80 0160 Fire Engineer 540 $2,579.23 $2,721.09 $2,870.75 $3,028.00 $3,194.54 0226 Firefighter Paramedic 540 $2,579.23 $2,721.09 $2,870.75 $3,028.00 $3,194.54 0227 Fire Protection Specialist 549 $2,696.62 $2,844.93 $3,001.40 $3,166.48 $3,340.63 0512 Fire Development Specialist 564 $2,905.60 $3,065.41 $3,234.01 $3,411.88 $3,600.00 0101 Fire Captain 568 $2,965.60 $3,128.71 $3,300.79 $3,482.33 $3,673.86 0100 Deputy Fire Marshal 590 $3,308.84 $3,490.40 $3,682.37 $3,884.90 $4,098.57 40-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 509 $4,787.47 $5,050.78 $5,328.57 $5,621.64 $5,929.73 0160 Fire Engineer 540 $5,588.34 $5,895.69 $6,219.96 $6,560.67 $6,921.50 0226 Firefighter Paramedic 540 $5,588.34 $5,895.69 $6,219.96 $6,560.67 $6,921.50 0227 Fire Protection Specialist 549 $5,842.67 $6,164.01 $6,503.04 $6,860.70 $7,238.04 0512 Fire Development Specialist 564 $6,295.47 $6,641.72 $7,007.01 $7,392.40 $7,800.00 0101 Fire Captain 568 $6,425.47 $6,778.87 $7,151.71 $7,545.05 $7,960.03 0100 Deputy Fire Marshal 590 $7,169.16 $7,562.53 $7,978.47 $8,417.29 $8,880.24 HBFA MOU Sept. 25, 2007 - June 24, 2011 -33- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT B - SALARY SCHEDULE 2.5% EFFECTIVE MARCH 22, 2008 56-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 509 $19.73 $20.81 $21.96 $23.17 $24.44 -0160 Fire Engineer 540 $23.03 $24.30 $25.63 $27.04 $28.52 0226 Firefighter Paramedic 540 $23.03 $24.30 $25.63 $27.04 $28.52 0227 Fire Protection Specialist 549 $24.08 $25.40 $26.80 $28.27 $29.83 0512 Fire Development Specialist 564 $25.94 $27.37 $28.88 $30.46 $32.14 0101 Fire Captain 568 $26.48 $27.93 $29.47 $31.09 $32.80 0100 Deputy Fire Marshal 590 $29.54 $31.16 $32.88 $34.69 $36.59 56-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 509 $2,209.60 $2,331.13 $2,459.34 $2,594.60 $2,736.80 0160 Fire Engineer 540 $2,579.23 $2,721.09 $2,870.75 $3,028.00 $3,194.54 0226 Firefighter Paramedic 540 $2,579.23 $2,721.09 $2,870.75 $3,028.00 $3,194.54 0227 Fire Protection Specialist 549 $2,696.62 $2,844.93 $3,001.40 $3,166.48 $3,340.63 0512 Fire Development Specialist 564 $2,905.60 $3,065.41 $3,234.01 $3,411.88 $3,600.00 0101 Fire Captain 568 $2,965.60 $3,128.71 $3,300.79 $3,482.33 $3,673.86 0100 Deputy Fire Marshal 590 $3,308.84 $3,490.40 $3,682.37 $3,884.90 $4,098.57 56-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 509 $4,787.47 $5,050.78 $5,328.57 $5,621.64 $5,929.73 0160 Fire Engineer 540 $5,588.34 $5,895.69 $6,219.96 $6,560.67 $6,921.50 0226 Firefighter Paramedic 540 $5,588.34 $5,895.69 $6,219.96 $6,560.67 $6,921.50 0227 Fire Protection Specialist 549 $5,842.67 $6,164.01 $6,503.04 $6,860.70 $7,238.04 0512 Fire Development Specialist 564 $6,295.47 $6,641.72 $7,007.01 $7,392.40 $7,800.00 0101 Fire Captain 568 $6,425.47 $6,778.87 $7,151.71 $7,545.05 $7,960.03 0100 Deputy Fire Marshal 590 $7,169.16 $7,562.53 $7,978.47 $8,417.29 $81880.24 HBFA MOU Sept. 25, 2007 - June 24, 2011 -34- 2/11 /2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT B - SALARY SCHEDULE 3.0% EFFECTIVE SEPTEMBER 20, 2008 40-Hour Rate (Hourly) Job Code Classification Ran e A B C D E 0229 Firefighter 515 $28.45 $30.01 $31.66 $33.40 $35.24 0160 Fire Engineer 546 $33.20 $35.03 $36.96 $38.99 $41.13 0226 Firefighter Paramedic 546 $33.20 $35.03 $36.96 $38.99 $41.13 0227 Fire Protection Specialist 555 $34.73 $36.64 $38.66 $40.78 $43.02 0512 Fire Development Specialist 570 $37.44 $39.50 $41.67 $43.96 $46.38 0101 Fire Captain 574 $38.18 $40.28 $42.50 $44.84 $47.31 0100 Deputy Fire Marshal 596 $42.62 $44.96 $47.43 $50.04 $52.79 40-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 515 $2,276.00 $2,401.18 $2,532.80 $2,672.10 $2,819.07 0160 Fire Engineer 546 $2,656.00 $2,802.08 $2,956.80 $3,119.42 $3,290.40 0226 Firefighter Paramedic 546 $2,656.00 $2,802.08 $2,956.80 $3,119.42 $3,290.40 0227 Fire Protection Specialist 555 $2,778.40 $2,931.21 $3,092.43 $3,262.51 $3,441.95 0512 Fire Development Specialist 570 $2,994.90 $3,159.62 $3,333.40 $3,516.74 $3,710.16 0101 Fire Captain 574 $3,054.40 $3,222.39 $3,399.62 $3,587.20 $3,784.50 0100 Deputy Fire Marshal 596 $3,409.60 $3,597.13 $3,794.40 $4,003.09 $4,223.26 40-Hour Rate (Monthly) Job Code Classification Ran e A B C D E 0229 Firefighter 515 $4,931.33 $5,202.56 $5,487.73 $5,789.56 $6,107.98 0160 Fire Engineer 546 $5,754.67 $6,071.17 $6,406.40 $6,758.75 $7,129.20 0226 Firefighter Paramedic 546 $5,754.67 $6,071.17 $6,406.40 $6,758.75 $7,129.20 0227 Fire Protection Specialist 555 $6,019.87 $6,350.96 $6,700.26 $7;068.78 $7,457.56 0512 Fire Development Specialist 570 $6,488.95 $6,845.84 $7,222.36 $7,619.59 $8,038.67 0101 Fire Captain 574 $6,617.87 $6,981.85 $7,365.85 $7,772.27 $8,199.74 0100 Deputy Fire Marshal 596 $7,387.47 $7,793.78 $8,221.20 $8,673.37 $9,150.40 HBFA MOU Sept. 25, 2007 - June 24, 2011 -35- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT B - SALARY SCHEDULE 3.0% EFFECTIVE SEPTEMBER 20, 2008 56-Hour Rate (Hourly) Job Code Classification Range A B--T C D E 0229 Firefighter 515 $20.32 $21.44 $22.61 $23.86 $25.17 0160 Fire Engineer 546 $23.71 $25.02 $26.40 $27.85 $29.38 0226 Firefighter Paramedic 546 $23.71 $25.02 $26.40 $27.85 $29.38 0227 Fire Protection Specialist 555 $24.81 $26.17 $27.61 $29.13 $30.73 0512 Fire Development Specialist 570 $26.74 $28.21 $29.76 $31.40 $33.13 0101 Fire Captain 574 $27.27 $28.77 $30.35 $32.03 $33.79 0100 Deputy Fire Marshal 596 $30.44 $32.12 $33.88 $35.74 $37.71 56-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 515 $2,276.00 $2,401.18 $2,532.80 $2,672.10 $2,819.07 0160 Fire Engineer 546 $2,656.00 $2,802.08 $2,956.80 $3,119.42 $3,290.40 0226 Firefighter Paramedic 546 $2,656.00 $2,802.08 $2,956.80 $3,119.42 $3,290.40 0227 Fire Protection Specialist 555 $2,778.40 $2,931.21 $3,092.43 $3,262.51 $3,441.95 0512 Fire Development Specialist 570 $2,994.90 $3,159.62 $3,333.40 $3,516.74 $3,710.16 0101 Fire Captain 574 $3,054.40 $3,222.39 $3,399.62 $3,587.20 $3,784.50 0100 Deputy Fire Marshal 596 $3,409.60 $3,597.13 $3,794.40 $4,003.09 $4,223.26 56-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 515 $4,931.33 $5,202.56 $5,487.73 $5,789.56 $6,107.98 0160 Fire Engineer 546 $5,754.67 $6,071.17 $6,406.40 $6,758.75 $7,129.20 0226 Firefighter Paramedic 546 $5,754.67 $6,071.17 $6,406.40 $6,758.75 $7,129.20 0227 Fire Protection Specialist 555 $6,019.87 $6,350.96 $6,700.26 $7,068.78 $7,457.56 0512 Fire Development Specialist 570 $6,488.95 $6,845.84 $7,222.36 $7,619.59 $8,038.67 0101 Fire Captain 574 $6,617.87 $6,981.85 $7,365.85 $7,772.27 $8,199.74 0100 Deputy Fire Marshal 596 $7,387.47 $7,793.78 $8,221.20 $8,673.37 $9,150.40 HBFA MOU Sept. 25, 2007 - June 24, 2011 -36- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT B - SALARY SCHEDULE 2.5% EFFECTIVE MARCH 21, 2009 40-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 520 $29.18 $30.78 $32.47 $34.26 $36.14 0160 Fire Engineer 551 $34.05 $35.92 $37.90 $39.98 $42.18 0226 Firefighter Paramedic 551 $34.05 $35.92 $37.90 $39.98 $42.18 0227 Fire Protection Specialist 560 $35.61 $37.57 $39.64 $41.82 $44.12 0512 Fire Develo ment Specialist 575 $38.38 $40.49 $42.72 $45.07 $47.55 0101 Fire Captain 579 $39.16 $41.31 $43.58 $45.98 $48.51 0100 Deputy Fire Marshal 601 $43.70 $46.10 $48.64 $51.31 $54.13 40-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 520 $2,334.01 $2,462.38 $2,597.81 $2,740.69 $2,891.43 0160 Fire Engineer 551 $2,723.65 $2,873.45 $3,032.00 $3,198.76 $3,374.69 0226 Firefighter Paramedic 551 $2,723.65 $2,873.45 $3,032.00 $3,198.76 $3,374.69 0227 Fire Protection Specialist 560 $2,848.57 $3,005.24 $3,171.20 $3,345.62 $3,529.62 0512 Fire Development Specialist 575 $3,070.40 $3,239.27 $3,417.43 $3,605.39 $3,803.69 0101 Fire Captain 579 $3,132.80 $3,305.10 $3,486.40 $3,678.15 $3,880.45 0100 Deputy Fire Marshal 601 $3,495.79 $3,688.06 $3,890.90 $4,104.90 $4,330.67 40-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 520 $5,057.03 $5,335.16 $5,628.60 $5,938.17 $6,264.77 0160 Fire Engineer 551 $5,901.24 $6,225.81 $6,569.33 $6,930.65 $7,311.83 0226 Firefighter Paramedic 551 $5,901.24 $6,225.81 $6,569.33 $6,930.65 $7,311.83 0227 Fire Protection Specialist 560 $6,171.91 $6,511.36 $6,870.93 $7,248.83 $7,647.52 0512 Fire Development Specialist 575 $6,652.53 $7,018.42 $7,404.44 $7,811.68 $8,241.32 0101 Fire Captain 579 $6,787.73 $7,161.06 $7,553.87 $7,969.33 $8,407.64 0100 Deputy Fire Marshal 601 $7,574.22 $7,990.80 $8,430.29 $8,893.96 $9,383.13 HBFA MOU Sept. 25, 2007 - June 24, 2011 -37- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT B - SALARY SCHEDULE 2.5% EFFECTIVE MARCH 21, 2009 56-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 520 $20.84 $21.99 $23.19 $24.47 $25.82 0160 Fire Engineer 551 $24.32 $25.66 $27.07 $28.56 $30.13 0226 Firefighter Paramedic 551 $24.32 $25.66 $27.07 $28.56 $30.13 0227 Fire Protection Specialist 560 $25.43 $26.83 $28.31 $29.87 $31.51 0512 Fire Development Specialist 575 $27.41 $28.92 $30.51 $32.19 $33.96 0101 Fire Captain 579 $27.97 $29.51 $31.13 $32.84 $34.65 0100 Deputy Fire Marshal 601 $31.21 $32.93 $34.74 $36.65 $38.67 56-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 520 $2,334.01 $2,462.38 $2,597.81 $2,740.69 $2,891.43 0160 Fire Engineer 551 $2,723.65 $2,873.45 $3,032.00 $3,198.76 $3,374.69 0226 Firefighter Paramedic 551 $2,723.65 $2,873.45 $3,032.00 $3,198.76 $3,374.69 0227 Fire Protection Specialist 560 $2,848.57 $3,005.24 $3,171.20 $3,345.62 $3,529.62 0512 Fire Development Specialist 575 $3,070.40 $3,239.27 $3,417.43 $3,605.39 $3,803.69 0101 Fire Captain 579 $3,132.80 $3,305.10 $3,486.40 $3,678.15 $3,880.45 0100 Deputy Fire Marshal 601 $3,495.79 $3,688.06 $3,890.90 $4,104.90 $4,330.67 56-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 520 $5,057.03 $5,335.16 $5,628.60 $5,938.17 $6,264.77 0160 Fire Engineer 551 $5,901.24 $6,225.81 $6,569.33 $6,930.65 $7,311.83 0226 Firefighter Paramedic 551 $5,901.24 $6,225.81 $6,569.33 $6,930.65 $7,311.83 0227 Fire Protection Specialist 560 $6,171.91 $6,511.36 $6,870.93 $7,248.83 $7,647.52 0512 Fire Development Specialist 575 $6,652.53 $7,018.42 $7,404.44 $7,811.68 $8,241.32 0101 Fire Captain 579 $6,787.73 $7,161.06 $7,553.87 $7,969.33 $8,407.64 0100 Deputy Fire Marshal 601 $7,574.22 $7,990.80 $8,430.29 $8,893.96 $9,383.13 HBFA MOU Sept. 25, 2007 - June 24, 2011 -38- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT B - SALARY SCHEDULE 3.0% EFFECTIVE SEPTEMBER 19, 2009 40-Hour Rate (Hourly) Job Code Classification Ran e A B C D E 0229 Firefighter 526 $30.06 $31.71 $33.45 $35.29 $37.23 0160 Fire Engineer 557 $35.07 $37.00 $39.04 $41.19 $43.46 0226 Firefi hter'Paramedic 557 $35.07 $37.00 $39.04 $41.19 $43.46 0227 _ Fire Protection Specialist 566 $36.69 $38.71 $40.84 $43.09 $45.46 0512 Fire Development Specialist 581 $39.55 $41.73 $44.02 $46.44 $48.99 0101 Fire Captain 585 $40.34 $42.56 $44.90 $47.37 $49.98 0100 Deputy Fire Marshal 607 $45.01 $47.49 $50.10 $52.86 $55.77 40-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 526 $2,404.76 $2,537.03 $2,676.00 $2,823.18 $2,978.45 0160 Fire Engineer 557 $2,805.60 $2,959.91 $3,123.20 $3,294.98 $3,476.80 0226 _ Firefighter Paramedic 557 $2,805.60 $2,959.91 $3,123.20 $3,294.98 $3,476.80 0227 Fire Protection Specialist 566 $2,935.40 $3,096.85 $3,267.18 $3,446.87 $3,636.45 0512 Fire Development Specialist 581 $3,164.21 $3,338.24 $3,521.84 $3,715.54 $3,919.20 0101 _ Fire Captain 585 $3,227.26 $3,404.76 $3,592.02 $3,789.58 $3,998.00 0100 Deputy Fire Marshal 607 $3,600.80 $3,798.84 $4,007.78 $4,228.80 $4,461.38 40-Hour Rate (Monthly) Job Code Classification Ran e A B C D E 0229 Firefighter 526 $5,210.32 $5,496.89 $5,798.00 $6,116.89 $6,453.32 0160 _ Fire Engineer 557 $6,078.80 $6,413.13 $6,766.93 $7,139.11 $7,533.07 0226 Firefighter Paramedic 557 $6,078.80 $6,413.13 $6,766.93 $7,139.11 $7,533.07 0227 _ Fire Protection Specialist 566 $6,360.04 $6,709.84 $7,078.89 $7,468.22 $7,878.98 0512 Fire Development Specialist 581 $6,855.78 $7,232.85 $7,630.65 $8,050.34 $8,491.60 0101 Fire Captain 585 $6,992.39 $7,376.97 $7,782.70 $8,210.75 $8,662.34 0100 Deputy Fire Marshal 607 $7,801.73 $8,230.83 $8,683.52 $9,162.40 $9,666.33 HBFA MOU Sept. 25, 2007 - June 24, 2011 -39- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT B - SALARY SCHEDULE 3.0% EFFECTIVE SEPTEMBER 19, 2009 56-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 526 $21.47 $22.65 $23.89 $25.21 $26.59 0160 Fire Engineer 557 $25.05 $26.43 $27.89 $29.42 $31.04 0226 Firefighter Paramedic 557 $25.05 $26.43 $27.89 $29.42 $31.04 0227 Fire Protection Specialist 566 $26.21 $27.65 $29.17 $30.78 $32.47 0512 Fire Development Specialist 581 $28.25 $29.81 $31.45 $33.17 $34.99 0101 Fire Captain 585 $28.81 $30.40 $32.07 $33.84 $35.70- 0100 Deputy Fire Marshal 607 $32.15 $33.92 $35.78 $37.76 $39.83 56-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 526 $2,404.76 $2,537.03 $2,676.00 $2,823.18 $2,978.45 0160 Fire Engineer 557 $2,805.60 $2,959.91 $3,123.20 $3,294.98 $3,476.80 0226 Firefighter Paramedic 557 $2,805.60 $2,959.91 $3,123.20 $3,294.98 $3,476.80 0227 Fire Protection Specialist 566 $2,935.40 $3,096.85 $3,267.18 $3,446.87 $3,636.45 0512 Fire Development Specialist 581 $3,164.21 $3,338.24 $3,521.84 $3,715.54 $3,919.20 0101 Fire Captain 585 $3,227.26 $3,404.76 $3,592.02 $3,789.58 $3,998.00 0100 Deputy Fire Marshal 607 $3,600.80 $3,798.84 $4,007.78 $4,228.80 $4,461.38 56-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 526 $5,210.32 $5,496.89 $5,798.00 $6,116.89 $6,453.32 0160 Fire Engineer 557 $6,078.80 $6,413.13 $6,766.93 $7,139.11 $7,533.07 0226 Firefighter Paramedic 557 $6,078.80 $6,413.13 $6,766.93 $7,139.11 $7,533.07 0227 Fire Protection Specialist 566 $6,360.04 $6,709.84 $7,078.89 $7,468.22 $7,878.98 0512 Fire Development Specialist 581 $6,855.78 $7,232.85 $7,630.65 $8,050.34 $8,491.60 0101 Fire Captain 585 $6,992.39 $7,376.97 $7,782.70 $8,210.75 $8,662.34 0100 Deputy Fire Marshal 607 $7,801.73 $8,230.83 $8,683.52 $9,162.40 $9,666.33 HBFA MOU Sept. 25, 2007 - June 24, 2011 -40- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT B - SALARY SCHEDULE 2.0% EFFECTIVE MARCH 20, 2010 40-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 530 $30.66 $32.35 $34.13 $36.01 $37.99 0160 Fire Engineer 561 $35.79 $37.76 $39.84 $42.03 $44.34 0226 Firefighter Paramedic 561 $35.79 $37.76 $39.84 $42.03 $44.34 0227 Fire Protection Specialist 570 $37.44 $39.50 $41.67 $43.96 $46.38 0512 Fire Development Specialist 585 $40.34 $42.56 $44.90 $47.37 $49.98 0101 Fire Captain 589 $41.15 $43.41 $45.80 $48.32 $50.98 0100 Deputy Fire Marshal 611 $45.92 $48.45 $51.11 $53.92 $56.89 40-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 530 $2,452.80 $2,587.70 $2,730.03 $2,880.80 $3,039.24 0160 Fire Engineer 561 $2,863.20 $3,020.68 $3,186.81 $3,362.09 $3,547.00 0226 Firefighter Paramedic 561 $2,863.20 $3,020.68 $3,186.81 $3,362.09 $3,547.00 0227 Fire Protection Specialist 570 $2,994.90 $3,159.62 $3,333.40 $3,516.74 $3,710.16 0512 Fire Development Specialist 585 $3,227.26 $3,404.76 $3,592.02 $3,789.58 $3,998.00 0101 Fire Captain 589 $3,292.38 $3,472.80 $3,663.80 $3,865.31 $4,078.40 0100 Deputy Fire Marshal 611 $3,673.60 $3,875.65 $4,088.81 $4,313.69 $4,550.95 40-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 530 $5,314.40 $5,606.69 $5,915.06 $6,241.73 $6,585.03 0160 Fire Engineer 561 $6,203.60 $6,544.80 $6,904.76 $7,284.52 $7,685.17 0226 Firefighter Paramedic 561 $6,203.60 $6,544.80 $6,904.76 $7,284.52 $7,685.17 0227 Fire Protection Specialist 570 $6,488.95 $6,845.84 $7,222.36 $7,619.59 $8,038.67 0512 Fire Development Specialist 585 $6,992.39 $7,376.97 $7,782.70 $8,210.75 $8,662.34 0101 Fire Captain 589 $7,133.49 $7,524.40 $7,938.24 $8,374.85 $8,836.53 0100 Deputy Fire Marshal 611 $7,959.47 $8,397.24 $8,859.09 $9,346.34 $9,860.38 HBFA MOU Sept. 25, 2007 - June 24, 2011 -41- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT B - SALARY SCHEDULE 2.0% EFFECTIVE MARCH 20, 2010 56-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 530 $21.90 $23.10 $24.38 $25.72 $27.14 0160 Fire Engineer 561 $25.56 $26.97 $28.45 $30.02 $31.67 0226 Firefighter Paramedic 561 $25.56 $26.97 $28.45 $30.02 $31.67 0227 Fire Protection Specialist 570 $26.74 $28.21 $29.76 $31.40 $33.13 0512 Fire Development Specialist 585 $28.81 $30.40 $32.07 $33.84 $35.70 0101 Fire Captain 589 $29.40 $31.01 $32.71 $34.51 $36.41 0100 Deputy Fire Marshal 611 $32.80 $34.60 $36.51 $38.52 $40.63 56-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 530 $2,452.80 $2,587.70 $2,730.03 $2,880.80 $3,039.24 0160 Fire Engineer 561 $2,863.20 $3,020.68 $3,186.81 $3,362.09 $3,547.00 0226 Firefighter Paramedic 561 $2,863.20 $3,020.68 $3,186.81 $3,362.09 $3,547.00 0227 Fire Protection Specialist 570 $2,994.90 $3,159.62 $3,333.40 $3,516.74 $3,710.16 0512 Fire Development Specialist 585 $3,227.26 $3,404.76 $3,592.02 $3,789.58 $3,998.00 0101 Fire Captain 589 $3,292.38 $3,472.80 $3,663.80 $3,865.31 $4,078.40 0100 Deputy Fire Marshal 611 $3,673.60 $3,875.65 $4,088.81 $4,313.69 $4,550.95 56-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 530 $5,314.40 $5,606.69 $5,915.06 $6,241.73 $6,585.03 0160 Fire Engineer 561 $6,203.60 $6,544.80 $6,904.76 $7,284.52 $7,685.17 0226 Firefighter Paramedic 561 $6,203.60 $6,544.80 $6,904.76 $7,284.52 $7,685.17 0227 Fire Protection Specialist 570 $6,488.95 $6,845.84 $7,222.36 $7,619.59 $8,038.67 0512 Fire Development Specialist 585 $6,992.39 $7,376.97 $7,782.70 $8,210.75 $8,662.34 0101 Fire Captain 589 $7,133.49 $7,524.40 $7,938.24 $8,374.85 $8,836.53 0100 Deputy Fire Marshal 611 $7,959.47 $8,397.24 $8,859.09 $9,346.34 $9,860.38 HBFA MOU Sept. 25, 2007 - June 24, 2011 -42- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH -FIREFIGHTERS' ASSOCIATION EXHIBIT B - SALARY SCHEDULE 2.0% EFFECTIVE SEPTEMBER 18, 20'10 40-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 534 $31.28 $33.00 $34.82 $36.73 $38.75 0160 Fire Engineer 565 $36.51 $38.52 $40.64 $42.87 $45.23 0226 Firefighter Paramedic 565 $36.51 $38.52 $40.64 $42.87 $45.23 0227 Fire Protection Specialist 574 $38.18 $4028 $42.50 $44.84 $47.31 0512 Fire Development Specialist 589 $41.15 $43.41 $45.80 $48.32 $50.98 0101 Fire Captain 593 $41.98 $44.29 $46.73 $49.30 $52.01 0100 Deputy Fire Marshal 615 $46.84 $49.42 $52.14 $55.01 $58.04 40-Hour Rate (Bi-Weekly) Job Code Classification Range A B C. D E 0229 Firefighter 534 $2,502.44 $2,640.07 $2,785.28 $2,938.47 $3,100.08 0160 Fire Engineer 565 $2,920.80 $3,081.44 $3,250.92 $3,429.72 $3,618.36 0226 Firefighter Paramedic 565 $2,920.80 $3,081.44 $3,250.92 $3,429.72 $3,618.36 0227 Fire Protection Specialist 574 $3,054.40 $3,222.39 $3,399.62 $3,587.20 $3,784.50 0512 Fire Development Specialist 589 $3,292.38 $3,472.80 $3,663.80 $3,865.31 $4,078.40 0101 Fire Captain 593 $3,358.31 $3,543.01 $3,738.40 $3,944.01 $4,160.93 0100 Deputy Fire Marshal 615 $3,747.20 $3,953.30 $4,171.20 $4,400.62 $4,643.20 40-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 534 $5,421.95 $5,720.16 $6,034.76 $6,366.68 $6,716.84 0160 Fire Engineer 565 $6,328.40 $6,676.46 $7,043.67 $7,431.07 $7,839.78 0226 Firefighter Paramedic 565 $6,328.40 $6,676.46 $7,043.67 $7,431.07 $7,839.78 0227 Fire Protection Specialist 574 $6,617.87 $6,981.85 $7,365.85 $7,772.27 $8,199.74 0512 Fire Development Specialist 589 $7,133.49 $7,524.40 $7,938.24 $8,374.85 $8,836.53 0101 Fire Captain 593 $7,276.33 $7,676.53 $8,099.87 $8,545.36 $9,015.35 0100 Deputy Fire Marshal 615 $8,118.93 $8,565.47 $9,037.60 $9,534.67 $10,060.27 HBFA MOU Sept. 25, 2007 -June 24, 2011 43- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT B - SALARY SCHEDULE 2.0% EFFECTIVE SEPTEMBER 18, 2010 56-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 534 $22.34 $23.57 $24.87 $26.24 $27.68 0160 Fire Engineer 565 $26.08 $27.51 $29.03 $30.62 $32.31 0226 Firefighter Paramedic 565 $26.08 $27.51 $29.03 $30.62 $32.31 0227 Fire Protection Specialist 574 $27.27 $28.77 $30.35 $32.03 $33.79 0512 Fire Development Specialist 589 $29.40 $31.01 $32.71 $34.51, $36.41 0101 Fire Captain 593 $29.98 $31.63 $33.38 $35.21 $37.15 0100 Deputy Fire Marshal 615 $33.46 $35.30 $37.24 $39.29 $41.46 56-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 534 $2,502.44 $2,640.07 $2,785.28 $2,938.47 $3,100.08 0160 Fire Engineer 565 $2,920.80 $3,081.44 $3,250.92 $3,429.72 $3,618.36 0226 Firefighter Paramedic 565 $2,920.80 $3,081.44 $3,250.92 $3,429.72 $3,618.36 0227 Fire Protection Specialist 574 $3,054.40 $3,222.39 $3,399.62 $3,587.20 $3,784.50 0512 Fire Development Specialist 589 $3,292.38 $3,472.80 $3,663.80 $3,865.31 $4,078.40 0101 Fire Captain 593 $3,358.31 $3,543.01 $3,738.40 $3,944.01 $4,160.93 0100 Deputy Fire Marshal 615 $3,747.20 $3,953.30 $4,171.20 $4,400.62 $4,643.20 56-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 534 $5,421.95 $5,720.16 $6,034.76 $6,366.68 $6,716.84 0160 Fire Engineer 565 $6,328.40 $6,676.46 $7,043.67 $7,431.07 $7,839.78 0226 Firefighter Paramedic 565 $6,328.40 $6,676.46 $7,043.67 $7,431.07 $7,839.78 0227 Fire Protection Specialist 574 $6,617.87 $6,981.85 $7,365.85 $7,772.27 $8,199.74 0512 Fire Development Specialist 589 $7,133.49 $7,524.40 $7,938.24 $8,374.85 $8,836.53 0101 Fire Captain 593 $7,276.33 $7,676.53 $8,099.87 $8,545.36 $9,015.35 0100 Deputy Fire Marshal 615 $8,118.93 $8,565.47 $9,037.60 $9,534.67 $10,060.27 HBFA MOU Sept. 25, 2007 - June 24, 2011 -44- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT B - SALARY SCHEDULE 2.5% EFFECTIVE MARCH 19, 2011 40-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 539 $32.08 $33.84 $35.70 $37.66 $39.73 0160 Fire Engineer 570 $37.44 $39.50 $41.67 $43.96 $46.38 0226 Firefighter Paramedic 570 $37.44 $39.50 $41.67 $43.96 $46.38 0227 Fire Protection Specialist 579 $39.16 $41.31 $43.58 $45.98 $48.51 0512 Fire Development Specialist 594 $42.20 $44.52 $46.97 $49.55 $52.27 0101 Fire Captain 598 $43.04 $45.41 $47.91 $50.54 $53.32 0100 Deputy Fire Marshal 620 $48.03 $50.67 $53.46 $56.40 $59.50 40-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 539 $2,566.40 $2,707.55 $2,856.00 $3,013.08 $3,178.80 0160 Fire Engineer 570 $2,994.90 $3,159.62 $3,333.40 $3,516.74 $3,710.16 0226 Firefighter Paramedic 570 $2,994.90 $3,159.62 $3,333.40 $3,516.74 $3,710.16 0227 _ Fire Protection Specialist 579 $3,132.80 $3,305.10 $3,486.40 $3,678.15 $3,880.45 0512 Fire Development Specialist 594 $3,376.00 $3,561.68 $3,757.57 $3,964.24 $4,181.60 0101 Fire Captain 598 $3,443.20 $3,632.58 $3,832.80 $4,043.20 $4,265.58 0100 Deputy Fire Marshal 620 $3,842.40 $4,053.73 $4,276.69 $4,511.91 $4,760.06 40-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 539 $5,560.53 $5,866.36 $6,188.00 $6,528.34 $6,887.40 0160 Fire Engineer 570 $6,488.95 $6,845.84 $7,222.36 $7,619.59 $8,038.67 0226 Firefighter Paramedic 570 $6,488.95 $6,845.84 $7,222.36 $7,619.59 $8,038.67 0227 _ Fire Protection Specialist 579 $6,787.73 $7,161.06 $7,553.87 $7,969.33 $8,407.64 0512 Fire Development Specialist 594 $7,314.67 $7,716.97 $8,141.41 $8,589.18 $9,060.13 0101 _ Fire Captain 598 $7,460.27 $7,870.58 $8,304.40 $8,760.27 $9,242.08 0100 Deputy Fire Marshal 620 $8,325.20 1 $8,783.09 $9,266.16 $9,775.79 $10,313.46 HBFA MOU Sept. 25, 2007 - June 24, 2011 -45- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT B - SALARY SCHEDULE 2.5% EFFECTIVE MARCH 19, 2011 56-Hour Rate (Hourly) Job Code Classification Range A B C D E 0229 Firefighter 539 $22.91 $24.17 $25.50 $26.90 $28.38 0160 Fire Engineer 570 $26.74 $28.21 $29.76 $31.40 $33.13 0226 Firefighter Paramedic 570 $26.74 $28.21 $29.76 $31.40 $33.13 0227 Fire Protection Specialist 579 $27.97 $29.51 $31.13 $32.84 $34.65 0512 Fire Development Specialist 594 $30.14 $31.80 $33.55 $35.39 $37.34 0101 Fire Captain 598 $30.74 $32.43 $34.22 $36.10 $38.09 0100 Deputy Fire Marshal 620 $34.31 $36.19 $38.18 $40.28 $42.50 56-Hour Rate (Bi-Weekly) Job Code Classification Range A B C D E 0229 Firefighter 539 $2,566.40 $2,707.55 $2,856.00 $3,013.08 $3,178.80 0160 Fire Engineer 570 $2,994.90 $3,159.62 $3,333.40 $3,516.74 $3,710.16 0226 Firefighter Paramedic 570 $2,994.90 $3,159.62 $3,333.40 $3,516.74 $3,710.16 0227 Fire Protection Specialist 579 $3,132.80 $3,305.10 $3,486.40 $3,678.15 $3,880.45 0512 Fire Development Specialist 594 $3,376.00 $3,561.68 $3,757.57 $3,964.24 $4,181.60 0101 Fire Captain 598 $3,443.20 $3,632.58 $3,832.80 $4,043.20 $4,265.58 0100 Deputy Fire Marshal 620 $3,842.40 $4,053.73 $4,276.69 $4,511.91 $4,760.06 56-Hour Rate (Monthly) Job Code Classification Range A B C D E 0229 Firefighter 539 $5,560.53 $5,866.36 $6,188.00 $6,528.34 $6,887.40 0160 Fire Engineer 570 $6,488.95 $6,845.84 $7,222.36 $7,619.59 $8,038.67 0226 Firefighter Paramedic 570 $6,488.95 $6,845.84 $7,222.36 $7,619.59 $8,038.67 0227 Fire Protection Specialist 579 $6,787.73 $7,161.06 $7,553.87 $7,969.33 $8,407.64 0512 Fire Development Specialist 594 $7,314.67 $7,716.97 $8,141.41 $8,589.18 $9,060.13 0101 Fire Captain 598 $7,460.27 $7,870.58 $8,304.40 $8,760.27 $9,242.08 0100 Deputy Fire Marshal 620 $8,325.20 $8,783.09 $9,266.16 $9,775.79 $10,313.46 HBFA MOU Sept. 25, 2007 - June 24, 2011 -46- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT C — RETIREE SUBSIDY MEDICAL PLAN An employee who has retired from the City shall be entitled to participate in the available 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) continuous years of regular (permanent) City service immediately prior to retirement or is granted an industrial disability retirement. 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; 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. 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 sponsored medical insurance plans shall be governed by applicable plan document. 2. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of his/her death or would be eligible to receive if he/she were retired at the time of death, shall be paid on behalf of the spouse or dependent(s) for a period not to exceed twelve (12) months. D. Industrial Disability Retirees -Industrial disability retirees with less than ten (10) continuous years of regular (permanent) 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. E. Maximum Monthly Subsidy Payments - The 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 HBFA MOU Sept. 25, 2007 — June 24, 2011 -47- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT C — RETIREE SUBSIDY MEDICAL PLAN not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. All retirees, including those retired as a result of industrial disability whose number of years of continuous regular (permanent) service immediately prior to retirement exceeds ten (10) years, shall be entitled to maximum monthly payment of premiums by the City for each year of completed City service as follows: Maximum Monthly Payment for Retirees After: Years of Service 10 $ 121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 F. Eligibility: 1. The effective start-up date of the Retiree Subsidy Medical Plan for the eligible retirees shall be the first of the month following retirement date. 2. A retiree may change plans, add dependents, etc., during annual open enrollment. The City 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 continuous regular (permanent) service with the City of Huntington Beach immediately prior to retirement. 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 HBFA MOU Sept. 25, 2007 — June 24, 2011 -48- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT C — RETIREE SUBSIDY MEDICAL PLAN sponsored health insurance Plan. Exceptions to this requirement are limited to the following: a. A retiree is not required to enroll in such "other' medical insurance plan coverage if there is significant disparity between the benefits provided by the "other' medical insurance plan and the City sponsored health insurance 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 greater than or equal to $1,000 per person. 4) Major medical benefits are paid at 60% or less of covered expenses in network. b. The City Administrator or designee will have the authority to provide additional exceptions following review of the "other' medical insurance plan policy. Exceptions will be made only if the "other' medical plan benefit provisions are comparable to the guidelines under (F.4.a.) above. c. Miscellaneous Provisions: 1) Benefits provided under the avaliable medical insurance plan will be coordinated with the "other' medical insurance plan as the primary carrier. 2) The City shall have the right to require any retiree to provide a copy of the "other" medical insurance plan policy for review by the City Administrator or designee. 5. When a retiree under age 65 becomes eligible for the other group coverage and then becomes no longer eligible, he/she 'may have the Retiree Subsidy Medical Plan reinstated for the purchase of avaliable health insurance. 6. Dependents of a retiree under age 65 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. HBFA MOU Sept. 25, 2007 — June 24, 2011 -49- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT C — RETIREE SUBSIDY MEDICAL PLAN 8. When a retiree is under 65 and his/her spouse is over 65, the spouse is not covered. G. Premium payments are to be received at least one month in advance of the coverage period. Retiree Subsidy Medical Plan and COBRA participants shall be notified of non-payment of premium by means of a certified letter from the City in accordance with provisions of the Memorandums of Understanding. 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. H. Subsidies: 1. The subsidy payments will pay for: a. Available health insurance plans for eligible retirees. b. Part A of Medicare for those retirees not eligible for paid Part A. 2. Subsidy payments will not pay for: a. Part B Medicare. b. Any other City sponsored benefit plan. c. Any other commercially available benefit plan. d. Medicare supplements I. 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. HBFA MOU Sept. 25, 2007 — June 24, 2011 -50- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT C — RETIREE SUBSIDY MEDICAL PLAN J. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: a. Coverage for a' retiree under the Retiree Subsidy Medical Plan will be eliminated on the first day of the month in which the retiree reaches age 65 whether or not the retiree applies for Medicare coverage. If such retiree was covering dependents under the Plan, dependents will be eligible for COBRA continuation benefits effective as of first day of the month in which the retiree reaches age 65. 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. 2. Premium payments are to be received at least one month in advance of the coverage period. 3. 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. HBFA MOU Sept. 25, 2007 — June 24, 2011 -51- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT D — TILLER CERTIFICATION Following is the method of application regarding Tiller Certification, Article V, Section E-4 of the Huntington Beach Firefighter's Association MOU: Article V, Section E-4-Tiller Certification a. Tiller Certification -- The Huntington Beach Training Manual, 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. HBFA MOU Sept. 25, 2007 — June 24, 2011 2/11/2008 -52- Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT E — INCOME PROTECTION PLAN This is to memorialize an agreement between the City of Huntington Beach (City) and the Huntington Beach Firefighter's Association (HBFA) regarding authorizing the HBFA to administer its own Long Term Disability (LTD) insurance program providing the following conditions are adhered to: 1. The City and HBFA agree that the City shall not provide a City -sponsored LTD Insurance Program for employees represented by HBFA. 2. HBFA shall contract with an insurance provider for LTD insurance for the employees represented by the HBFA. 3. The City shall pay to HBFA for the cost of LTD premiums not to exceed $38.00 per month per occupied covered position represented by HBFA. 4. Non -dues paying represented employees shall be covered by the LTD Policy at the same premium rate as dues paying represented employees. 5. City payment to HBFA is to be made for each represented employee per month based on the bi-weekly payroll. 6. HBFA shall pay the insurance company for the cost of premiums and any charges incurred for administering the program. 7. HBFA shall provide the City with a monthly listing of covered employees. 8. No self-funding/self-insurance of LTD benefits is permitted under this agreement. 9. HBFA shall authorize the City to have the insurance company provide documentation to the City as follows: a) A copy of the most current audited financial statements. b) A copy of the latest actuarial report, which should be completed by an independent "Fellow of the Society of Actuaries"; c) A copy of the in -force re -insurance Policy; 10. HBFA will provide a statement certifying that premiums collected are for LTD benefits for HBFA represented employees only. HBFA MOU Sept. 25, 2007 — June 24, 2011 2/11/2008 -53- Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT F - 40/56-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL LEAVE BENEFITS (EXAMPLE) Permanent, full-time employees shall accrue annual vacations or sick leave at their appropriate assigned work schedule rate, either 40-hour or 56-hour workweek. The actual accrual, as reflected on their payroll check will also reflect their actual work schedule. In the event of a change in work schedules, personnel will have their accrual rate (Constant) and actual accrual (Accrued) change to the new schedule using the conversion factor, .7143. Paychecks will reflect the accrual rate based on the actual work schedule, either forty (40) or fifty-six (56) hour schedule. All maximum accruals will be modified to reflect the proper number of hours, either 40-hour or 56-hour workweek. EXAMPLE — CURRENT EXCEPTION 40-HOUR FIRE PROTECTION SPECIALIST Paycheck stub shows 1000 hours accrued sick leave. Employee uses 24 hours sick time. 1000 hours — 24 hours = 976 hours. 56-HOUR FIREFIGHTER PARAMEDIC Paycheck stub shows 1000 hours accrued sick leave. Employee uses 24 hours sick time. 1000 hours — 24 x .7143 = 17.1 hours = 982.9 hours (This mathematical transaction takes place for each exception.) EXCEPTION ALL 56-HOUR PERSONNEL Modify to 56-hour schedule - current accrued hours divided by .7143. 40-hour rate paycheck stub indicates 1000 hours sick leave. 1000 hours divided by .7143 = 1400 hours 1400 hours would be reflected on the employee's 56-hour workweek paycheck stub. 56-hour schedule employee uses 24-hours sick time - hours are taken hour for hour. 1400 hours — 24 hours = 1376 hours remaining. HBFA FINAL MOU 2007 - 2011 2/11/2008 -54- Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT F - 40/56-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL LEAVE BENEFITS (EXAMPLE) 40-HOUR FIRE PROTECTION SPECIALIST Remains the same FIRE PROTECTION SPECIALIST IS REASSIGNED AS A 56-HOUR FIREFIGHTER PARAMEDIC ACCRUALRATE Current 40-hour Fire Protection Specialist sick leave accrual - 3.6923 hours per pay period. 56-hour Firefighter Paramedic employee would accrue sick leave at 5.1691 (3.6923 divided by .7143 = 5.1691) hours per pay period. This would accurately indicate accrual at the 56- hour rate. 56-HOUR EMPLOYEE ASSIGNED TO A 40-HOUR POSITION Upon change of 56-hour Firefighter Paramedic employee to a 40-hour Fire Protection Specialist. Accrued sick leave = 1400 hours 1400 x .7143 = 1000 hours 1000 hours would be reflected on pay check. Sick leave accrual would return to 3.6923 per pay period HBFA MOU Sept. 25, 2007 — June 24, 2011 -55- 2/11/2008 Exhibit "A" Resolution No. 2008-13 HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION EXHIBIT G - POLICY ®-14, MINIMUM STAFFING AND FILLING OF VACANCIES H13FA FINAL MOU 2007 - 2011 2/11/2008 -56- STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on February 19, 2009 by the following vote: AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green, Carchio NOES: None ABSENT: None ABSTAIN: None CiV Clerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California INITIATING DEPARTMENT: HUMAN RESOURCES SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (HBFA) COUNCIL MEETING DATE: February 19, 2008 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR nR W�HG ATTACHME SITS REVIEWED RETURNED FO DED Administrative Staff ( ) ( ) Deputy City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ) City Clerk ( ) I EXPLANATION FOR RETURN OF ITEM: I RCA Author: MICHELE CARR