HomeMy WebLinkAboutHBFA - Huntington Beach Firefighters Association - 2004-06-07(61 ( 7� � �i,� A`* I f? J
CITY OF HUNTINGTON BEA
MEETING DATE: JUNE 7, 2004
Council/Agency Meeting Held:
DEPARTMENT ID NUMBER: 04-020
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied u Citf Cler99 Sign t re
Council Meeting Date: JUNE 7, 2004 Department ID Number: -020
CITY OF HUNTINGTON BEACH"
s
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: PENELOPE CULBRETH-GRAFT, CITY ADMINISTRAF,„ r
PREPARED BY: WILLIAM P. WORKMAN, ASSISTANT CITY ADMINISTRATOR jv�
CLAY MARTIN, DIRECTOR OF ADMINISTRATIVE SERVICES
SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEE
THE CITY AND THE HUNTINGTON BEACH FIREFIGHTERS'
ASSOCIATION �,Q, No � , 4 �, QNJ a ooa - LA 3
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Should the city and the Huntington Beach Firefighters' Association enter into a new
Memorandum -of -Understanding covering the period of September 27, 2003 through
September 24, 2004?
Funding Source:
Funding was adopted by the City Council with the adoption of Councilmember Coerper's
December 15, 2003 H-Item titled, "H" Item for December 18, 2003, City Council Meeting
Approval of Funds to Pay Part of Employees Health Insurance Costs. The increase in total
annual cost to implement the Memorandum -of -Understanding with the Huntington Beach
Firefighters' Association is approximately $64,800, of which $54,300 is for health insurance
costs. The remainder of the funding is included in the fiscal year 2003/2004 budget.
Recommended Action:
Adopt Resolution No. a resolution of the City Council of Huntington Beach
approving and implementing the Memorandum -of -Understanding between the Huntington
Beach Firefighters' Association (HBFA) and the City of Huntington Beach for the period of
September 27, 2003 through September 24, 2004.
2004 HBFA MOU.doc -1- 6/1/2004 2:10 PM
REQUEST FOR COUNCIL ACTION
MEETING ®ATE: JUNE 7, 2004 DEPARTMENT I® NUMBER: 04-020
2. Adopt Resolution No. ;)- 004— __� a resolution of the City Council of Huntington
Beach amending the Memorandum -of -Understanding between the Huntington Beach
Firefighters' Association by adopting side letters of agreement.
Alternative Action(s):
Reject the resolution and maintain the current wages, hours, and other terms and conditions
of employment of the Huntington Beach Firefighters' Association.
Analysis:
Representatives of the city and the Huntington Beach Firefighters' Association (HBFA) have
completed the meet and confer process with agreement on a new Memorandum -of -
Understanding (MOU) for the period of September 27, 2003 through September 24, 2004.
Proposed modifications to the current wages, hours, and other terms and conditions of
employment include the following:
Health Insurance
Effective July 1, 2004 the City Plan POS and Health Net HMO will no longer be
available to HBFA represented employees. Starting July 1, 2004 all HBFA
represented employees will begin utilizing either a Blue Shield PPO or HMO or a
Kaiser Permanente HMO for health insurance. The current dental and vision
insurance plans remain in place.
Special Pays
The proposed MOU creates one new special pay (Preceptor) and modifies a current
special pay (Paramedic Re -certification) to include Fire Captains and Fire Engineers.
Preceptors
Firefighter Paramedics who possess the qualifications necessary to
be a preceptor and are assigned preceptor duties shall be paid the
equivalent of thirty dollars ($30.00) per twenty-four (24) hour shift
as authorized by the Fire Chief or designee.
Paramedic Re -certification
Each time a Fire Captain or Fire Engineer is re -certified by the
State of California as a paramedic, they shall be entitled to a lump
sum cash payment of five hundred dollars ($500). Re -certification
pay for Captains and Engineers shall be limited to only thirty (30)
positions.
Side Letter Agreements
The city and HBFA have come to agreement on two issues that are not to be
included in the MOU. The first is an agreement to maintain up to three vacant
positions within each rank represented by the association until September 30, 2004.
The second is modifying a departmental operating policy regarding shift exchanges.
2004 HBFA MOU.doc -2- 6/2/20041:58 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: JUNE 7, 2004 DEPARTMENT ID NUMBER: 04-020
Attachment(s):
..- o
Dbstflpfibh,
"-
Resolution to adopt Memorandum of Understanding, including
Exhibit A, Memorandum -of -Understanding between the City of
Huntington Beach and the Huntington Beach Firefighters'
Association for September 27, 2003 through September 24, 2004
Resolution amending the Memorandum of Understanding between
the City of Huntington Beach and the Huntington Beach Firefighters'
2
Association by adopting side letters of Agreement:
A. Side Letter Agreement regarding Vacant Positions
B. Side Letter A reement regarding Shift Exchange Policy
Legislative Draft of the Memorandum -of -Understanding between the
3
City of Huntington Beach and the Huntington Beach Firefighters'
Association for September 27, 2003 through September 24, 2004
RCA Author: William McReynolds
2004 HBFA MOU.doc -3- 6/1/2004 2:10 PM
RESOLUTION NO. 2004-42
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 27, 2003,
THROUGH SEPTEMBER 24, 2004.
The City Council of the City of Huntington Beach does resolve as follows:
The Memorandum of Understanding between the City of Huntington Beach and the
Huntington Beach Firefighters' Association ("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 27, 2003, through September 24, 2004.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7 th day of June , 2004
REVIEWED AND APPROVED:
dwt
ity Ad inistrator
yor
WED AS TO FORM:
ity AttorAey
INITIAT APP VED:
Director of dministra ' Services
0
04reso/hbfa side letters/5/25/04
Fire MOU
TABLE OF CONTENTS
ARTICLE I - REPRESENTATIONAL UNIT/CLASSIFICATIONS...................................................................................... I
ARTICLE II — EXISTING CONDITIONS OF EMPLOYMENT ...................
ARTICLE III - SEVERABILITY.......................................................
.............................................. I
.......................................................... 2
ARTICLEIV — SALARY SCHEDULES.................................................................................................................................... 2
ARTICLEV — SPECIAL PAY....................................................................................................................................................2
A.
EDUCATION............................................................................................................................................................................2
1.
Incentive Plan......................................................................................................................................................."............
2
a. Level .............................................................................................................................................................................................2
b. Level1I.......................................................................................................................................-........................_..........................2
C. Degree Majors.................................................................................................................................................................................3
d. Education Committee......................................................................................................................................................................3
e. Effective Date..................................................................................................................................................................................3
f. Previous Benefits.............................................................................................................................................................................3
B.
ACTING ASSIGNMENTS...........................................................................................................................................................
3
C.
ADMINISTRATIVE APPOINTMENTS..........................................................................................................................................3
1.
Administrative Appointments..............................................................................................................•............................
3
2.
Pay Upon Completion ofAdministrative Appointment ....................................................................................................3
D.
PAY UPON COMPLETION OF PARAMEDIC DUTIES...................................................................................................................
4
E.
SPECIAL CERTIFICATION/SKILL PAY.......................................................................................................................................
4
1.
State Board of Fire Service Certification.........................................................................................................................
4
2.
Paramedic Recertification................................................................................................................................................
4
3.
Preceptors ....................... ................. .................. .................................................... `............................. :
........................ .....5
4.
Firefighter Tiller Certification.........................................................................................................................................
5
a. Tiller Certification...........................................................................................................................................................................5
b. Class B Driver License .......................... ......................................................................................................... .........
- ...................... 5
c. Light Air Unit..................................................................................................................................................................................5
5.
Hazardous Materials Team Responder............................................................................................................................
5
6.
Bilingual Skill...................................................................................................................................................................
5
7.
Fire Protection Specialist.................................................................................................................................................
6
8.
Level II Investigator.........................................................................................................................................................6
F.
HOLIDAY PAY-IN-LIEU..........................................................................................................................................................
6
G.
REPORTABLE TO PERS..........................................................................................................................................................
7
ARTICLE VI — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT.............................................................................7
A. UNIFORMS PROVIDED BY CITY..............................................................................................................................................7
B. UNIFORM ALLOWANCE/FITNESS............................................................................................................................................7
C. UNIFORM CARE AND REPLACEMENT...................................................................................................................................... 7
D. UNIFORM POLICIES AND ADVISORY COMMITTEE................................................................................................................... 8
E. REPORTABLE TO PERS.......................................................................................................................................................... 8
ARTICLE VII — HOURS OF WORK/OVERTIME................................................................................................................. 9
A.
WORK SCHEDULE.................................................................................................................................................................. 9
B.
HOURS OF WORK - DEFINED..................................................................................................................................................
9
C.
LEVEL PAY PLAN.................................................................................................................................................................
10
D.
OVERTIME/COMPENSATORY TIME.......................................................................................................................................
I I
1.
Paid Overtime................................................................................................................................................................11
2.
Compensatory Time........................................................................................................................................................11
a. Non-Exempt..................................................................................................................................................................................II
b. Staff Personnel..............................................................................................................................................................................II
C. Compensatory Time Paid Off........................................................................................................................................................12
3.
Callback ...................... ...................................................................................................................................................
12
4.
Mandatory Standby........................................................................................................................................................
12
5.
Pagers............................................................................................................................................................................12
-i- 6/1/2004 2:58 PM
Fire O
TABLE OF CONTENTI-
6.
Required Training Attendance.......................................................................................................................................
12
7.
Cancellation of Overtime...............................................................................................................................................12
8.
Court Time.....................................................................................................................................................................
13
9.
Pay Out of Rank.............................................................................................................................................................13
E.
JURY DUTY..........................................................................................................................................................................13
F.
SHIFT EXCHANGE/RELIEF.....................................................................................................................................................
13
G.
ASSIGNED SHIFT POLICY...............................:..............................:.......................................................................................14
H.
MINIMUM STAFFING AND FILLING VACANCIES....................................................................................................................
14
ARTICLE VIII — HEALTH AND OTHER INSURANCE BENEFITS.................................................................................14
A. MEDICAL............................................................................................................................................................................. 14
B. ELIGIBILITY CRITERIA AND COST......................................................................................................................................... 14
1.
City Paid Medical Insurance — Employee and Dependents...........................................................................................14
2.
Year 2004 Health and Other Insurance Benefit Premiums, Employer Contribution, and Employee Contribution .......
14
a. Monthly Premiums........................................................................................................................................................................14
b. Employer Contribution..................................................................................................................................................................15
C. Employee Contribution.................................................................................................................................................................17
C.
FUTURE PREMIUMS.........................................................................
19
D.
MEDICAL CASH-OUT...........................................................................................................................................................
19
E.
.................................................................................................... .
SECTION 125 PLAN .................................... .....................19
F.
LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT.......................................................................................................
20
1.
Life.................................................................................................................................................................................
20
2.
Accidental Death and Dismemberment..........................................................................................................................
20
G.
LONG TERM DISABILITY......................................................................................................................................................
20
H.
RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL RETIREE SUBSIDY PLAN ..................
20
I.
.
POST-65 SUPPLEMENTAL MEDICARE COVERAGE................................................................................................................
21
J.
MISCELLANEOUS..................................................................................................................................................................21
ARTICLEIX — RETIREMENT................................................................................................................................................ 22
A.
BENEFITS............................................................................................................................................................................. 22
1.
Public Employees' Retirement System...........................................................................................................................
22
2.
Self -Funded Supplemental Retirement Benefit...............................................................................................................22
3.
Medical Insurance for Retirees......................................................................................................................................
23
B.
PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING.................................................................
24
LEmployee's
Contribution................................................................................................................................................
24
2.
Reporting o Base Sala.................................................................................................
24
C.
REINSTATEMENT PRIVILEGES FOR DISABILITY RETIREES.....................................................................................................
24
ARTICLEX — LEAVE BENEFITS..........................................................................................................................................25
A.
LEAVE wrrH PAY.................................................................................................................................................................
25
1.
Vacation.........................................................................................................................................................................
25
a. Accrual..........................................................................................................................................................................................25
C. Eligibility and Permission.............................................................................................................................................................26
d. Conversion to Cash.......................................................................................................................................................................26
e. Pay -Off at Termination..................................................................................................................................................................26
2.
Sick Leave. ................................................................... ..................................................................................................
27
a. Accrual..........................................................................................................................................................................................27
b. Pay -Off at Termination..................................................................................................................................................................27
C. Utilization in Conjunction with Industrial Disability Leave..........................................................................................................27
3.
Family Sick Leave..........................................................................................................................................................
28
4.
Bereavement...................................................................................................................................................................28
5.
Association Business......................................................................................................................................................28
ARTICLEXI
— CITY RULES...................................................................................................................................................28
APERSONNELRULES
..............................................................................................................................................................28
BPRECEDENCE
OF AGREEMENT..............................................................................................................................................
28
C.
LAYOFF RULES....................................................................................................................................................................
29
6/1/2004 2:58 PM
Fire MOU
TABLE OF CONTENTS
ARTICLEXII - MISCELLANEOUS......................................................................................................................................29
A FIRE DEPARTMENT PROMOTIONAL EXAMS PERSONNEL RULES —POLICY D-10................................................................... 29
BLIVING QUARTERS.............................................................................................................................................................29
C. PAYCHECKS......................................................................................................................................................................... 29
1. Bi-Weekly Pay ......................................... :...... .......................................................................................................... ...... 29
2. Paycheck Distribution ..................................... ............... ........... ........... ............................ ...................... ..................... _29
3. Vacation Paycheck.......................................................................................................................................................: 29
DCLASS B DRIVER'S LICENSE................................................................................................................................................29
EFLEET MANAGEMENT PROGRAINI......................................................................................................................................... 29
G DEFERRED COMPENSATION LOAN PROGRAM...................................................................................................................... 30
ARTICLEXIII — MANAGEMENT RIGHTS.........................................................................................................................30
ARTICLEXIV — TERM OF MOU...........................................................................................................................................30
ARTICLE XV - CITY COUNCIL APPROVAL.....................................................................................................................31
EXHIBIT A — EMPLOYER -EMPLOYEE RELATIONS RESOLUTION...........................................................................32
EXHIBIT B — CITY OF HUNTINGTON BEACH FIRE ASSOCIATION SALARY SCHEDULE..................................33
EXHIBIT C — RETIREE SUBSIDY MEDICAL PLAN.........................................................................................................34
EXHIBIT D — PERSONNEL RULE CHANGES.....................................................................................................................39
EXHIBITE — TILLER CERTIFICATION.............................................................................................................................47
EXHIBIT F — INCOME PROTECTION PLAN...............................................:................................
.. 48
EXHIBIT G — 56-HOUR VACATION AND SICK LEAVE ACCRUAL — LEAVE BENEFITS (EXAMPLE) ................49
EXHIBIT H — POLICY D-14 MINLIIUM STAFFING AND FILLING OF VACANCIES................................................51
6/1/2004 2:58 PM
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 27, 2003 through September 24, 2004
ARTICLE I - REPRESENTATIONAL UNITICLASSIFICATIONS
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*
*Administrative Appointments
B. The CITY and Association have agreed to a procedure whereby the City, by and
through the Human Resources Manager, 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.
-1- 6/1/2004 2:58 PM
FIRE MOU e
September 27, 2003 through September 24, 2004
ARTICLE III - SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this MOU or any
additions or amendments thereof, or the application thereof to any person, is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
resolution or its application to other persons. The City Council hereby declares that it
would have adopted this MOU and each section, subsection, sentence, clause, phrase or
portion, and any additions or amendments thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases or portions, or the application
thereof to any person, be declared invalid or unconstitutional.
ARTICLE IV — SALARY SCHEDULES
The base salary of each employee represented by the Association shall be as set forth in
the Salary Schedules, Exhibit B.
ARTICLE V — SPECIAL PAY
A. Education:
1. Incentive Plan — It is the purpose and intent of the Education Incentive Plan to
motivate the employee to participate in, and continue with his/her education so
as to improve his/her knowledge and general proficiency which will, in turn,
result in additional benefits to the Fire Department and to the CITY. As, certain
levels of additional education are satisfactorily completed and attained, the
employee will receive additional monetary compensation in recognition of his/her
educational achievement.
a. Level I — Any employee who has completed one (1) year of service with the
City of Huntington Beach and has attained an Associate of Science Degree
in Fire Science, or an equivalent course of study as determined by the
Education. Committee and the Fire Chief, shall receive an additional bi-
weekly payment of forty-six dollars and fifteen cents ($46.15).
b. Level II — Any employee who has completed three (3) years of service with
the City of Huntington Beach and has attained a Bachelors Degree in Fire
Administration, Public Administration, or an equivalent course of study as
determined by the Education Committee and Fire Chief, shall receive an
additional bi-weekly payment of sixty-nine dollars and twenty-three cents
($69.23).
-2- 6/1/2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
c. Degree Majors — Degree majors in an equivalent course of study other than
Fire Science, Fire Administration, or Public Administration, shall be
approved in advance by the Education Committee.
d. Education Committee — An Education Committee shall be formed and shall
be composed of three (3) members. Of said three (3) members, one shall
be appointed by the ASSOCIATION, one appointed by the Fire Chief, and
the third shall be the Human Resources Manager.
e. Effective Date — Certification to an education award and to the additional
compensation pay shall begin the pay period following certification.
f. Previous Benefits — Notwithstanding the foregoing, any employee currently
receiving educational incentive benefits in any previously approved
schedule, shall continue to receive the monthly payments entitled
thereunder, in lieu of any payment available under Section "AA." of this
Article, if the current payment exceeds the payment to which the employee
would be entitled under Section "A.1." if any.
B. Acting Assignments: Employees acting in a higher classification, when, properly
qualified and compensated in accordance with the CITY Personnel Rules, shall be
considered equivalent to the required classification.
C. Administrative Appointments:
1. Administrative Appointments — The CITY may, from time to time, administratively
appoint employees to administrative or specialist positions. The personnel
appointed to the positions of Deputy Fire Marshal and Fire Protection Specialist
shall serve at the discretion of the Fire Chief. An administrative appointment
shall not affect the employee's regular classification or rank. Persons appointed
to these positions shall retain their highest previous permanent classification and
the anniversary date of their appointment to the permanent classification.
2. Pay Upon Completion of Administrative Appointment:
a. An employee administratively appointed to the positions of Deputy Fire
Marshal and Fire Protection Specialist, who subsequently is voluntarily or
involuntarily reassigned to a position within their permanent classification
with a lower rate of pay, shall receive a one (1) step reduction in pay to
initially coincide with their reduced assignment and at each anniversary date
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 administratively appointed employee to the positions of Deputy Fire
Marshal and Fire Protection Specialist, who has completed four (4) years of
-3- 6/1/2004 2:58 PM
FIRE MOU it
September 27, 2003 through September 24, 2004
service in the appointed or any other appointed parallel position, may
request to return to their permanent classification, and shall within one (1)
year thereafter, be entitled to return to his/her permanent classification. The
pay rate changes associated with the appointment or reappointment shall
follow the process and procedures established for all positions within the
classified service.
c. This section shall not apply to disciplinary demotions or layoffs.
D. Pay Upon Completion of Paramedic Duties — Any Firefighter Paramedic 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 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 disciplinary demotions or layoffs.
E. Special Certification/Skill Pay:
1. State Board of Fire Service Certification
Any employee, in a position that did not require certification as a condition of
employment, and who at any time has been or becomes certified by the State
Board of Fire Services in a classification then occupied, shall be entitled, upon
request, to a 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 possesses a State of California Paramedic License
and/or are re -certified by the State of California as a Paramedic and are not
locally accredited by the department to practice as a Paramedic. Re -certification
pay for Captains and Engineers shall be limited to thirty (30) positions.
-4- 6/1/2004 2:58 PM
FIRE MOU •
September 27, 2003 through September 24, 2004
As of July 1, 2004 all Fire Engineers and Fire Captains who currently possess a
State of California Paramedic License shall not be locally accredited by the
department to practice as a paramedic.
3. Preceptors
Firefighter Paramedics who possess the qualifications necessary to be a
preceptor and are assigned preceptor duties by the Fire Chief or designee shall
be paid the equivalent of thirty dollars ($30.00) per twenty-four (24) hour shift.
4. Firefighter Tiller Certification —
Firefighters that obtain and maintain the certifications and qualifications as
outlined in (a) through (c) below shall receive forty-six dollars and fifteen cents
($46.15) bi-weekly Tiller 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 E.
5. Hazardous Materials Team Responder — Those members who have been
specially trained for the position of Hazardous Materials Team Responder, and
are specifically assigned by the Fire Chief or his/her designee to the Hazardous
Material Unit or backup unit, shall receive additional compensation in the amount
of one hundred thirty eight dollars and forty-six cents ($138.46) bi-weekly.
6. Bilingual Skill
Permanent employees who are qualified and assigned to use Spanish,
Vietnamese, or Sign Language skills shall be paid an additional .five percent
(5%) of their basic hourly rate in addition to their regular bi-weekly salary.
Permanent 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%) for every bi-
weekly pay period that the assignment is in effect.
In order to be qualified 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
-5- 6/1/2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
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.
7. Fire Protection Specialist — Level I Investigator Certification -Must meet the
requirements of NFPA 1033 Professional Qualifications for Fire Investigator I, or
successful completion of the California State Board of Fire Services Fire
Investigator I courses, including Investigation IA, IB, and PC 832. These
requirements must be met within six (6) months of appointment as a Fire
Protection Specialist.
8. Level 11 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 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 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 rate for each hour temporarily assigned.
F. Holiday Pay -In -Lieu
Permanent, full time employees shall be compensated by the city in -lieu of the ten
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
-6- 6/1/2004 2:58 PM ,
FIRE MOU
September 27, 2003 through September 24, 2004
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 holiday set forth in Section F.1. of this Article, shall not be entitled to time
off or overtime.
G. Reportable to PERS — Subject to State Law and Regulations, compensation paid as a
result of this Article shall be reported to PERS as salary.
ARTICLE VI — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT
A. Uniforms Provided by City. — The City will provide all personnel represented by the
HBFA with uniforms as described in the most current_ Policy C-2, Uniforms executed
by the parties.
B. Uniform Allowance/Fitness — City shall provide each employee who participates in the
Fire Department's current physical fitness program, Policy D-9, Physical Fitness
Program, one hundred fifty dollars ($150) per fiscal year for the purchase of physical
fitness uniforms and physical fitness shoes, payable in the first payroll period of
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
-7- 6/1/2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
unacceptable, or were damaged by circumstances involving the Firefighter's
regular work while on duty.
2. The uniforms described in paragraph A of this Article and Policy C-2 Uniforms
— Uniforms shall be replaced by the City whenever the Fire Chief or his/her
designated representative determines that such replacement is necessary.
3. The employee shall be responsible for the preservation and cleaning of all
uniforms.
4. All uniforms and equipment furnished by the City, with the exception of T-
shirts, shall remain the property of the City and be returned or replaced if the
employee terminates.
D. Uniform Policies and Advisory Committee:
1. The present uniform and clothing policies, as delineated in this Article, shall
remain in effect until the Fire Chief or his/her designee and the Association
mutually 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: — Subject to State law and regulations, compensation paid as a
result of this Article shall be reported to PERS as salary.
-8- 6/1/2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
ARTICLE VII — HOURS OF WORK/OVERTIME
A. Work Schedule:
1. All twenty-four (24) hour shift employees shall work an average of fifty-six (56)
hours per week pursuant to the current schedule of five (5) twenty-four (24) hour
shifts in a fifteen (15) day period with six (6) consecutive days off.
2. All twenty-four (24) hour shift employees shall be on a fifteen (15) day work
period as defined by the Fair Labor Standards Act (FLSA).
3. Fire Prevention staff and administrative work schedules are to be forty (40)
hours per week on a four (4) day workweek, ten (10) hours per day, twenty eight
(28) day FLSA work period.
B. Hours of Work - Defined: :
1. Hours worked shall be defined as actual time worked, approved vacation, sick
leave, compensatory time off, bereavement leave, and industrial injury or illness
leave, with the exception of exchange of shift not being included.
2. Exchange of shifts shall occur at 0800 hours each day. However, employees
shall actually arrive sufficiently in advance of 0800 hours so as to comply with
Fire Department Rules and Regulations, Policy B-2, Section 7.37. Said advance
time shall not constitute hours worked.
3. Meal periods are paid as hours worked for personnel who are subject to call for
emergency duty.
4. The maximum time allowed within the forty (40) hour workweek schedule for
both lunch and physical fitness shall not exceed four (4) hours within any given
workweek. All physical fitness activities considered to be work activities shall be
conducted on duty within fire stations and under supervision.
5. An employee who is held over beyond the end of his/her regular shift shall be
compensated for the actual time he/she is required to remain on duty, computed
to nearest quarter (1/4) hour.
6. Exchanges of time shall not be considered when computing hours worked as
defined in this Article.
7. An employee shall be considered to be working if he/she is ordered to duty by
the Fire Chief or his/her designee.
-9- 6/1/2004 2:58 PM
FIRE MOU It
September 27, 2003 through September 24, 2004
C. Level Pay Plan:
1. Twenty --four (24) Hour Shift Personnel — The FLSA work period for twenty-four
hour shift personnel shall be changed from a 14 day work period to a 15 day
work period. The 15 day FLSA work period shall begin at 8 a.m. on the first shift
worked by the A shift following six days off. There shall be 14 FLSA work
periods for every fifteen 14 day pay periods. Each employee shall be regularly
scheduled to work 1680 hours during each cycle of 14 FLSA work periods (or
fifteen pay periods). All hours worked in excess of 110 hours in an FLSA work
period shall be compensated at the premium rate (one and one half times the
regular rate of pay), so that for every cycle of 14 FLSA work periods, an
employee shall receive 140 hours of premium pay for working regularly
scheduled hours. All regularly scheduled non "lost time" hours shall be counted
as hours worked. Each employee assigned to twenty-four shifts for a full FLSA
work period shall receive 102.67 hours of regular pay and 9.33 hours of
premium pay in each bi-weekly pay period, which shall compensate the
employee for FLSA overtime for regularly scheduled shift work. The intent of
this system is that all FLSA overtime hours worked shall be compensated by the
first payday following the end of the 15 day FLSA work period. In the event that
an employee receives FLSA overtime on a payday before that employee has
actually worked FLSA overtime hours, the amount received shall be credited for
FLSA purposes toward the next occasion on which the employee works FLSA
overtime. If an employee who is paid FLSA overtime in advance of working
FLSA hours leaves City employment, there shall be an adjustment in his/her
final paycheck to reflect such advance payment.
2. In addition to the premium pay provided above, twenty-four (24) hour shift
employees shall receive premium pay for hours worked in excess of regularly
scheduled hours unless the employee has "lost time" in a regularly scheduled
shift. If there is "lost time" in any regularly scheduled shift, the employee shall
receive premium pay for only those overtime hours worked in excess of the
number of lost time hours in the bi-weekly pay period.
3. Lost Time — Defined — "Lost time is defined as time when the employee does
not work when regularly scheduled to do so and does not receive a leave of
absence with pay.
4. Forty (40) Hour Work Week — Personnel who are not assigned to twenty-four
hour shifts but are assigned to work forty (40) hours per week shall have a
twenty-eight (28) day FLSA work period, which shall correspond to exactly two
City pay periods and shall begin at the same time as a City pay period. Forty
(40) hour personnel shall continue to receive premium pay for working hours in
excess of their regularly scheduled hours.
-10- 6/1/2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
D. Overtime/Compensatory Time:
1. Paid Overtime
a. All employees covered by this MOU shall be eligible for overtime pay at their
premium hourly rate for all actual work performed in excess of the
employees' scheduled hours in their declared work period.
b. Any employee who voluntarily works overtime in a different classification
shall be compensated at a rate of pay consistent with the classification
worked. Any employee who is ordered in to work in a lower classification
shall be compensated at the rate attendant to his/her regular classification.
c. The City will maintain and adhere to the overtime system as set out in the
most current Policy D-3 executed by the parties. The overtime system
and/or Policy D-3 may be modified by mutual agreement of the parties at
any time during the term of the MOU.
2. Compensatory Time
a. Non -Exempt — All overtime worked by non-exempt employees shalt be
compensated at the employee's premium hourly rate of pay and shall not be
compensated by compensatory time off.
b. Staff Personnel — For all staff personnel positions, in lieu of compensation
by cash payment for overtime as provided in this Article, such employees
may, at their option and with the approval of the Fire Chief, be compensated
by compensatory time off at time and one half for each overtime hour
worked.
1) Compensatory time may be accumulated to a maximum of one
hundred -twenty (120) hours. Compensatory time may be taken on an
hour -for -hour basis only with the permission of the Fire Chief, with due
consideration for the request of the employee and particular regard for
the need of the Department. Upon his/her request, any employee
may elect to convert all or a portion of compensatory time to a cash
payment at the employee's premium hourly rate. Any such payment
shall be made on the next regular payday, following the request,
provided the request is made by the end of the previous payroll period.
2) Compensatory time may not be received in lieu of a cash payment for
time worked during major emergencies when, in the opinion of the
Fire Chief, the City may be eligible for reimbursement from another
agency for said cash payment.
-11- 6/1/2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
c. Compensatory Time Paid Off — At the time of any change in the salary
schedule, any accumulated time, which has not been used or paid off, shall
be paid in cash at the premium hourly rate based upon the salary schedule
in effect prior to the change.
3. Callback — Employees who are ordered to return to duty on other than their
regularly scheduled shift shall receive a minimum of two (2) hours compensation
on an hourly basis.
4. Mandatory Standby — Any employee may be placed on "mandatory standby" by
the Fire Chief or his/her designee. Employees on mandatory standby must
remain available for immediate response during the designated standby period.
All personnel placed on mandatory standby shall receive a minimum of two (2)
hours compensation for each twelve (12) hours of off duty standby time or
fraction thereof.
5. Pagers — Recognizing that personal pagers are part of the Fire Department's
business and emergency alerting system, pagers shall be issued and worn only
on a voluntary basis with the exception of members who are placed on
mandatory standby who may be required to wear a personal pager while on such
standby. An employee placed on mandatory standby may voluntarily wear a
pager, and if so, shall receive a minimum of two (2) hours compensation for
each twenty-four (24) hours of off duty standby time or fraction thereof.
Members assigned to special staff or prevention duties and voluntarily receiving
other types of consideration (i.e., twenty-four (24) hour assigned vehicle) may be
required to wear pagers and respond while off duty when within pager call range.
6. Required Training Attendance — An employee who is required to attend a class
or seminar to maintain his/her current position shall have his/her related
expenses paid by the City. When attendance occurs at a time when the
employee is not scheduled to work, he/she shall be compensated on an hourly
basis.
7. Cancellation of Overtime — Any employee who is scheduled to work overtime in
advance of the time set forth for such scheduling in Huntington Beach Fire
Department Organization Manual, Policy D-3 which scheduling is subsequently
cancelled less than seventy-two (72) hours in advance of the commencement of
the scheduled overtime shift, shall receive a minimum of two (2) hours pay on an
hourly basis.
-12- 6/1/2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
8. Court Time:
a. Employees placed on standby for a court appearance involving City
business during other than their scheduled working hours shall receive a
minimum of two (2) hours straight time pay for each morning and/or
afternoon session.
b. Employees appearing in court on City business during other than their
scheduled working hours shall receive a minimum of three (3) hours pay at
time and one half; provided, however, that if such time overlaps with the
employee's scheduled working hours, said premium rate shall be limited to
those hours occurring prior to or after the employee's scheduled work time.
c. Employees shall not receive both standby pay and time and one half pay for
the same court session. An employee who is on standby and reports to
court will be paid in accordance with b. above.
9. Pay Out of Rank
Subject to the approval of the Fire Chief or designee, an employee may
voluntarily work in a classification below their rank. Compensation for hours
worked in the lower capacity (voluntarily or ordered)_ shall be paid at the
employee's regular rate 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.
-13- 6/1/2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
G. Assigned Shift Policy — Employees of equal rank shall have the option to change
assigned shifts on an employee for employee basis upon written request to and
approved by the Fire Chief.
H. Minimum Staffing and Filling Vacancies:
Minimum Staffing Levels — The City shall cause apparatus to be staffed with sufficient
employees to assure the safety of employees and the control of risk. For these
purposes, the minimum staffing of apparatus shall be as defined by Policy D-14,
Minimum Staffing and Filling of Vacancies, a copy of which is attached as Exhibit H
and incorporated by reference herein:
ARTICLE Vill — HEALTH AND OTHER INSURANCE BENEFITS
A. Medical
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 Medical Insurance — Employees and Dependents
The City shall pay for medical insurance for qualified employees and dependents,
effective the first of the month following one month of continuous service as a
permanent employee.
2. Year 2004 Health .and Other Insurance Benefit Premiums, Employer Contribution,
and Employee Contribution
a. Monthly Premiums
January 1, 2004 through June 30, 2004.
City
Health
Delta:Delta
VSP
Monthly
Plan
Dental_ �-
..:Dental
Premium
.Net
PPO "
HMO )
Vision
POS
HMO-"'�
EE
$481.40
$312.76
$51.18
$24.38
$18.07
EE + 1
951.96
685.31
97.86
41.46
18.07
EE + 2 or more
1,165.54
903.25
138.83
63.40
18.07
Effective July 1, 2004 the City Plan POS and Health Net HMO will not be
available to HBFA represented employees.
-14- 6/1/2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
July 1, 2004 through December 31, 2004.
Blue Shield
Blue Shield
Blue Shield
; Kaiser.
Monthly
Shield,
-Blue
Premium
Safety Only
High Option
Low Option'HMO
Permanents
PPO
� 90/10 PPO
80/20 PPO
` HIViO
EE
$329.42
$366.21,
$322.32
$253.46
$270.75
EE + 1
721.43
802.01
705.88
555.06
592.94
EE + 2 or more
948.72
1,047.37
921.84
724.87
779.76
Monthly
Delta _
�"
Delta
VSP
Premium
Dental
Dental
-Vision
(PPO),,
(HMO) ,-
.
EE
$51.18
$24.38
$18.07
EE +. 1'
97.86
41.46
18.07
EE + 2 or more
138.83
63.40
18.07
b. Employer Contribution
The City's maximum monthly employer contribution for health and other
insurance premiums are set forth in the charts below.
January 3, 2004 through March 26, 2004.
. Monthly
Employer
Contribution
City
: Plan
pOS
Health
Net
HMO
Delta
Dental
(PPO)
Delta; -
Dental;
(HMO) ..
VSP
Vision_,;
EE
$429.93
$330.19
$42.88
$23.00
$17.58
EE + 1
758.41
611.67
81.82
39.11
17.58
EE + 2 or more
907.50
776.34
116.36
59.81
17.58
-15- 6/1/2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
March 27, 2004 through June 18, 2004.
Monthly . _;
- City
Health
Delta
Delta
.
VSP
Employer-,',
Plan
Net
Dental
Dental
Contribution,
POS
HMO
(PPO)
(HMO}
Visions
EE
$373.77
$274.03
$42.88
$23.00
$17.58
EE + 1,
702.25
555.51
81.82
39.11
17.58
EE,+ 2 or more
851.34
720.18
116.36
59.81
17.58
Effective July 1, 2004 the City Plan POS and Health Net HMO will not be
available to HBFA represented employees.
June 19, 2004 through December 31, 2004.
Monthly
Blue Shield
Blue Shield
Blue Shield
Blue Blue Shield
Kaiser -
Safety, Only
High Option ,
Low Option
Permanehie'
Contribution,,PPO
90/10 PPO
80/20 PPQ
HMO
HMO
EE'�::
$373.77
$373.77
$373.77
$274A3
$274.03
EE +.'1-��,
702.25
702.25
702.25
555.51
555:51
SEE + 2 or more
851.34
851.34
851.34
720.18
720.18
Monthly
'Delta
Delta
VSP.,
Employer
Dental
Dental
.
Contribution
(PPO) ,
(HMO)
Vision
° EE
$42.88
$23.00
$17,58
-EE + 1
81.82
39.11
17,58
EE"+ 2 or more
116.36
59.81
17.58
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.
-16- 6/1/2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
c. Employee Contributions
The employee paid contributions translate to the following on a monthly basis:
January 3, 2004 through March 26, 2004:
Monthly
City
Health
Delta
Delta
VSP
Employee
;.:Plan
Net
Dental
Dental
"
Contribution
POS_
HMO"
(PPO)
(HMO)"
Vision
EE
$51.47
$0.00
$8.30
$1.38
$0.49
EE + 1
193.55
73.64
16.04
2.35
0.49
EE + 2 or more
258.04
126.91
22.47
3.59
0.49
March 27, 2004 through June 18, 2004:
Monthly "
Employee
.=` Contribution
City
;"Plan
Health
Net-
HMO
Delta
Dental.
{PPO)
Delta
Dental
M.
(H2O)PUS
VSP
Vision
EE
$107.63
$38.73
$8.30
$1.38
$0.49
EE + 1
249.71
129.80
16.04
2.35
0.49
EE + 2 or more
314.20
183.07
22.47
3.59
0.49
Effective July 1, 2004 the City Plan POS and Health Net HMO will not be
available to HBFA represented employees.
-17- 6/1/2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
June 19, 2004 through December 31, 2004:
. Monthly
Blue Shield
� Blue'Shield
Blue Shield
Blue Shield
Kaiser
Employee
Safety Only
High�Option
Low Option
Permanente,
Contribution
PPO �:-
90/10 PPO
80120 PPO
HMO
HMO
EE
$0.00
$0.00
$0.00
$0.00
$0.00
EE + 1
19.18
99.76
3.63
0.00
37.43
EE + 2 or more
97.38
196.03
70.50
4.69
59.58
Monthly-'" -``Delta:
Delta
VSP
- Employee
Dental
Dental
Contribution
(PPO)
(HMO)
Vision'
EE
$8.30
$1.38
$0.49
EE + 1
16.04
2.35
0.49
EE f 2:or'more :
22.47
3.59
0.49
The employee 'paid contributions translate to the following on I a
bi-weekly (per paycheck) basis:
January 3, 2004 through March 26, 2004:
Bi-Weekly`
City .
Health,'",'
Delta
Delta
VSP`
Employee:=
Plan.
Not ;°
Dental
Dental
Contributions:.
POS
HMO",
PPO(HMO)Vision
(PPO)
y s
EE
$23.76
$0.00
$3.83
$0.64
$0.23
I
+ 1
89.33
33.99
7.40
1.08
0.23
LEE
EE + 2 or more
119.10
58.57
10.37
1.66
0.23
March 27, 2004 through June 18, 2004:
Bi-Weekly
City
Health
Delta
Delta =
VSP
Employee :
Plan_
Net,
Dental
Dental
Contribution.
POS
HMO
(PPO)
(HMO)Visiori,.
EE
$49.68
$17.88
$3.83
$0.64
$0.23
EE + 1
115.25
59.91
7.40
1.08
0.23
EE + 2 or more
145.02
84.49
10.37
1.66
0.23
-18- 6/1/20042:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
Effective July 1, 2004 the City Plan POS and Health Net HMO will not be
available to HBFA represented employees.
June 19, 2004 through December 31, 2004:
Bi-Weekly
Blue Shield
Blue Shield
Blue Shield
. Blue Shield
Kaiser
Employee
Safety Only
High"Option
Low"Option
Permanente"
Contribution
PPO
90/10'PPO
80/20 PPO
HMO
HMO
EE
$0.00
$0.00
$0.00
$0.00
$0.00
EE + 1
8.85
46.04
1.68
0.00
17.28
EE + 2 or more
44.94
90.48
32.54
2.16
27.50
Bi-Weekly, ,
Delta'-,;
Delta
VSP
Employee`,,
Dental
°- . Derital
Contribution
(PPO)
(HMO)
Vision
EE
$3.83
$0.64
$0.23
EE + 1 .::: -
7.40
1.08
0.23
EE + 2 or more,. ,
10.37
1.66
0.23
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 2004
level.
Until the City Council approves a successor to this Memorandum -of -Understanding,
the city's 2004 contribution caps will remain in place in 2004 and beyond, even if
premium increases result in these additional costs being borne by the employee.
D. 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 Administrative Services Department), 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.
E. Section 125 Plan
This plan allows employees to use pre-tax salary to pay for regular childcare, adult
dependent care and/or medical expenses.
-19- 6/1/2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
F. Life and Accidental Death and Dismemberment:
Life — The City shall provide a Life Insurance plan.for the employees covered by
this MOU. The coverage amounts shall be based on the age/wage schedule list
in the certificate of coverage. Copies of the certificate of coverage are available
in the Administrative Services Department.
2. Accidental Death and Dismemberment — The City shall provide an Accidental
Death and Dismemberment Insurance plan for employees covered by this MOU.
Said plan shall have a benefit amount of fifty thousand dollars ($50,000).
G. Long Term Disability — The City shall pay to the Association on behalf of each
employee covered by this MOU, on a monthly basis, an amount not to exceed thirty-
eight dollars ($38.00) per member for a Long Term Disability policy. The program
shall be subject to the terms and conditions contained in Exhibit F.
H. _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 City
sponsored health insurance plans until the first of the month in which they turn age
sixty-five (65).
The retiree shall pay the full premium for City sponsored 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 sponsored medical insurance upon
retirement permanently lose eligibility for this insurance.
However, if a retiree who is not eligible for the City's Retiree Subsidy Medical Plan
chooses not to participate in city sponsored medical insurance plans because the
retiree has access to other group medical insurance, and subsequently loses eligibility
for that group medical insurance, the retiree and their qualified dependents will have
access to city sponsored medical insurance plans reinstated.
Eligibility for Retiree Medical Coverage terminates the first of the month in which the
retiree or qualified dependent turns age sixty-five (65).
-20- 6/1/2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
Post-65 Supplemental Medicare Coverage
Retirees who are participating in the Retiree Subsidy Medical Plan as of January 1,
2004 and all future retirees who meet the criteria to participate in City sponsored
medical insurance, with or without the Retiree Medical Subsidy Plan, may participate
in City sponsored medical insurance plans that are supplemental to Medicare, after a
contract is in place between the City and a health insurance provider.
A retiree or qualified dependent must choose to participate in City sponsored medical
insurance plans that are supplemental to Medicare beginning the first of the month in
which the retiree or qualified dependent turns age sixty-five (65).
The retiree shall pay the full premium to participate in City sponsored medical
insurance plans that are supplemental to Medicare for themselves or qualified
dependents without any City subsidy.
Retirees or qualified dependents, upon turning age 65, who choose not to participate
in City sponsored medical insurance plans that are supplemental to Medicare
permanently lose eligibility for this insurance.
J. Miscellaneous:
1. Nothing in this Article shall be deemed to restrict the City's right to change
insurance carriers should circumstances warrant. 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.
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.
-21- 6/1/2004 2:58 PM
FIRE MOU a
September 27, 2003 through September 24, 2004
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 21263 and 21263.1) 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 of the
California Government Code.
a. 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.
b. The City shall contract with PERS to have retirement benefits calculated
based upon the employee's highest one year's compensation, pursuant to
the provisions of Section 20024.2 (highest single year).
c. The obligations of the City and the retirement rights of employees as
provided in this Article shall survive the term of this MOU.
2. Self -Funded Supplemental Retirement Benefit:
a. In the event a member elects Option #2 (Government Code Section 21333)
or Option #3 (Government Code Section 21334) of the Public Employees'
Retirement Law, the City shall pay the difference between such elected
option and the unmodified allowance which the member would have
-22- 6/112004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
received for his/her life alone. This payment shall be made only to the
member, shall be payable by the City during the life of the member, and
upon that member's death, the City's obligation shall cease. The method of
funding this benefit shall be the sole discretion of the City. This benefit is
vested for employees covered by this MOU. (Note: The options provide
that the allowance is payable to the member until his/her death, and then
either the entire allowance (Option #2) or one-half (1/2) of the allowance
(Option #3) is paid to the beneficiary for life.) Nothing in this Article shall be
deemed to restrict the City's right to contract with PERS for the benefits
provided under this Article.
b. Employees hired on or after October 4, 1999, shall not be eligible for the
"Supplemental Retirement Benefit" referenced in Article IX.A.2 above.
3. Medical Insurance for Retirees:
a. Upon retirement, whether service or disability, each employee shall have the
following options in regards to medical insurance under City sponsored
plans:
1) With no change in benefits, retirees can stay in. any of the plans
offered by the City, at the retiree's own expense, for the maximum
time period required by Federal Law (COBRA), or
2) Early retirees (under age 65) may participate in the city -sponsored
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
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
-23- 6/1/2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
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. I 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:
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
duties until the employee passes the Departmental physical agility test. If PERS
-24- 6/1/2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
revokes his/her disability retirement, the City shall immediately reinstate the employee
at his/her former position and pay step.
ARTICLE X — LEAVE BENEFITS
A. Leave with Pay:
1. Vacation — The purpose of annual vacation is to provide a rest period, which will
enable each employee to return to work physically and mentally refreshed. All
employees shall be entitled to annual vacation, with pay, in accordance with this
Article.
a. Accrual — Permanent, full time employees shall accrue annual vacations at
their appropriate assigned work schedule rate, either forty hour (40) or fifty-
six hour (56) workweek. Paychecks will identify the accrued vacation
(Accrued) and accrual rate (Constant) based on their actual work schedule,
either a forty (40) hour or fifty-six (56) hour schedule. In the event of a
change in work schedules, personnel will have their accrued vacation
(Accrued) and accrual rate (Constant) changed to the new schedule using
the conversion factor_ .7143 (40 = 56). Personnel who change from a fifty-
six (56) hour schedule to a forty (40) hour schedule shall multiply the
existing hours by .7143, (see Exhibit G). Personnel who change from a forty
(40) hour schedule to a fifty-six (56) hour schedule shall divide their existing
hours by .7143. Personnel shall accrue annual vacations at the following
rates:
For the first four (4) years of continuous service vacation time shall be
accrued at the rate of one hundred and twelve (112) hours per year for forty
(40) hour per week employees, and one hundred and fifty-seven (157) hours
per year for fifty-six (56) hour per week employees.
After four (4) years of continuous service to the completion of nine (9) years
of continuous service, vacation time shall be accrued at the rate of one
hundred thirty-six (136) hours per year for forty (40) hour per week
employees, and one hundred and ninety (190) hours per year for fifty-six
(56) hour per week employees.
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.
-25- 6/1/2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
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 and his/her designee,
who shall schedule all vacations with due consideration for the request of
the employee and particular regard for the need of the Department.
The Fire Department operates on a three -shift basis, with personnel being
assigned to the "A, B or U Shift for work scheduling purposes. On each
such shift, there shall be four (4) available vacation_ absences (referred to as
"vacation slots"). That is, at any one time, there may be four (4) persons
absent from duty on each such shift due to vacation. These slots shall be
made available by rank, one (1) to Firefighters, one (1) to Fire Engineers,
one (1) to Firefighter Paramedics; and one (1) to Captains. Thereafter, each
additional employee shall be entitled to receive time off for requested
vacation leave, so long as a qualified replacement is available to serve in
his/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 anyone (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.U. of this Article,
no employee shall be paid for unused vacation other than upon termination
of employment, at which time said terminating employee shall receive
compensation at his/her current salary rate for all unused, earned vacation
-26- 6/1/2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
to which he/she is entitled up to and including the effective date of his/her
termination.
2. Sick Leave:
a. Accrual — The conversion factor for sick leave accrual shall be in
accordance with Rule 18-9 of the City's Personnel Rules. Employees
covered by this MOU shall accrue sick leave at the rate of 3.6923 hours per
pay period for 40-hour week employees, and 5.1691 for fifty-six hour (56)
week employees. Paychecks will identify the accrued sick leave (Accrued)
and accrual rate (Constant) based on their actual work schedule, either a
forty (40) hour or fifty-six (56) hour schedule. In the event of a change in
work schedules, personnel will have their accrued sick leave (Accrued) and
accrual rate (Constant) changed to the new schedule using the conversion
factor .7143. Personnel who change from a fifty-six hour (56) schedule to a
forty (40) hour schedule shall multiply their accrual rate by .7143, (see
Exhibit G). Personnel who change from a forty (40) hour schedule to a fifty-
six (56) hour schedule shall divide their accrual rate by .7143.
b. Pay -Off at Termination — Upon termination for reasons other than for
industrial disability retirement, employees shall have their accrued vacation
and sick leave converted to the forty (40) hour rate and then shall be paid
(or have paid on their behalf as provided in Article IX.A.3.b) at their current
forty (40) hour salary rate for twenty-five percent (25%) of unused, earned
sick leave from four hundred -eighty (480) through seven hundred -twenty
(720) hours, and for fifty percent (50%) of all unused, earned sick leave for
hours in excess of seven hundred -twenty (720) hours.
Upon termination for industrial disability retirement, all employees shall have
their accrued vacation and sick leave converted to the forty (40) hour rate,
and then shall be paid (or have paid on their behalf as provided in Article
IX.A.3.b) at their current forty (40) hour salary rate for twenty-five percent
(25%) of unused, earned sick leave from zero (0) through four hundred -
eighty (480) hours, and for fifty percent (50%) of all unused, earned sick
leave in excess of four hundred -eighty (480) hours.
c. Utilization in Conjunction with Industrial Disability Leave — Sick leave cannot
be used to extend absences due to work related (industrial) injuries or
illnesses.
-27- 6/1/2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
3. Family Sick Leave:
As required by law, employees will I
annual Sick Leave accrual for family
California Labor Code Section 233.
e allowed to use up to one-half of their
sick leave, pursuant to the provisions of
The city will provide family and medical care leave for eligible employees that
meet all requirements of State and Federal law. Rights and obligations are set
forth in the Department of Labor Regulations implementing the Family Medical
Leave Act (FMLA), and the regulations of the California Fair Employment and
Housing Commission implementing the California Family Rights Act (CFRA).
The Fire Chief may authorize an employee to charge additional sick leave for
family sick leave in the event of serious illness of an employee's dependent(s),
where warranted by the circumstances.
4. Bereavement — Employees shall be entitled to bereavement leave not to exceed
two (2) work shifts for those employees on the twenty-four (24) hour work
schedule, or three (3) work shifts for all other employees in each instance of
death in the immediate family. Immediate family is defined as father, mother,
sister, brother, spouse, children, grandfather, grandmother, stepfather,
stepmother, stepgrandfather, stepgrand mother, grandchildren, stepsisters,
stepbrothers, mother-in-law, father-in-law, brother-in-law, sister-in-law,
stepchildren, or wards of which the employee is the legal guardian.
5. Association Business — During the term of this MOU, authorized representatives
of the Association shall be entitled to receive up to a total of four hundred (400)
collective hours without any loss of compensation per contract year to be utilized
for lawful Association activities. In addition, up to one hundred -fifty (150) unused
hours may be carried forward to the next contract year.
ARTICLE XI — CITY RULES
A. Personnel Rules - The City and the Association must meet and confer during the term
of this MOU on modifications of the Personnel Rules and/or Departmental Rules.
The City and the Association agree to implement rule changes and accordingly revise
the Personnel Rules as described in Exhibit D.
B. Precedence of Agreement - In any case in which any provision of this Memorandum
of Understanding is inconsistent with any City ordinance, rule, regulation, resolution,
including provisions of any Fire Department Manual, the provisions of this MOU shall
supersede and take precedence.
-28- 6/1/2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
C. Layoff Rules - The procedure and practice regarding layoffs in effect on July 1,
1980 shall remain in full force and effect during the entire term of this MOU.
ARTICLE X11 - MISCELLANEOUS
A. Fire Department Promotional Exams — Policy D-10 — Promotional examinations shall
be held in accordance with the most current Policy D-10 of the Huntington Beach Fire
Department Organization Manual executed by the parties. Policy D-10 may be
modified by mutual agreement of the parties at any time during the term of this MOU.
B. Living Quarters — The City shall provide necessary kitchen, living and sleeping
quarters in several fire stations and shall continue to provide facilities for Association
meetings.
C. Paychecks:
1. Bi-Weekly Pay — Salary shall be paid on a bi-weekly basis. By mutual consent of
the City and the Association, early payment and other modifications may be
made.
2. Paycheck Distribution — Paychecks shall be ready and available for distribution to
each employee by 0700 hours on each payday at the Station 1 — Gothard Fire
Station, except in the case of unforeseen circumstances beyond the control of the
City. A monthly paycheck stub or memorandum accompanying the paycheck
shall contain an itemization of amounts paid under various categories of pay,
including educational incentive pay, holiday pay, and all overtime, and shall also
entail an itemization of the nature and the purpose of each deduction withheld
from the employee's gross earnings.
3. Vacation Paycheck — Each employee shall, at his/her option, by written notice to
the 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.
E. Fleet Management Program — Association agrees to the policies and procedures
contained in the 1999 City Fleet Management Program.
-29- 6/1 /2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
F. Deferred Compensation Loan Program — Employees may utilize this program, under
which employees may borrow up to fifty percent (50%) of their deferred compensation
funds for critical needs such as medical costs, college tuition, or purchase of a home.
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 27, 2003
and ending at midnight on September 24, 2004. 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.
-30- 6/1/2004 2:58 PM
FIRE MOU
September 27, 2003 through September 24, 2004
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 ;2- day of June, 2004.
CITY OF HUNTINGTO BEACH
By: n6
William P. Workm n
Assistanl-Gity Administrator
in
Clay Marti
Directo f Administrative Services
By: E. �_ &V
Bruce A. Barsook
Chief Negotiator
APPROVED AS TO FORM
By: W'-
Jennif r McGrath
City Attorney
HUNTINGTON BEACH
FIREFIGHTER'S ASSOCIATION
By: _
.Fredrick C. e
HBF
By:
obert L. Glenn
Vice -President
By: 4�'
Ste en 14. Silver
Chief Negotiator
-31- 6/1/2004 2:58 PM
EXHIBIT A
8
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.
-32- 6/1/2004 2:58 PM
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE
Effective September 27, 2003
40-Hour Rate
Job
Code
Classification
Range
A
B
C
D
E
0229
Firefighter
475
23.30
24.58
25.93
27.36
28.86
0160
Fire Engineer
506
27.19
28.69
30.27
31.94
33.70
0226
Firefighter Paramedic
506
27.19
28.69
30.27
31.94
33.70
0227
Fire Protection Specialist
515
28.45
30.01
31.66
33.40
35.24
0101
Fire Captain
530
30.66
32.35
34.13
36.01
37.99
0100
Deputy Fire Marshal
552
34.22
36.10
38.09
40.18
42.39
56-Hour Rate
Job
Code
Classification
Range
A
B
C
D
E
0229
Firefighter
475
16.64
17.55
18.52
19.54
20.61
0160
Fire Engineer
506
19.42
20.49
21.62
22.81
24.07
0226
Firefighter Paramedic
506
19.42
20.49
21.62
22.81
24.07
0227
Fire Protection Specialist
515
20.32
21.44
22.61
23.86
25.17
0101
Fire Captain
530
21.90
23.11
24.38
25.72
27.13
0100
Deputy Fire Marshal
552
24.44
25.79
27.21
28.70
30.28
-33- 6/1/2004 2:58 PM
FAN mI1=�
RETIREE SUBSIDY MEDICAL PLAN
An employee who has retired from the City shall be entitled to participate in the City sponsored
medical insurance plans and the City shall contribute toward monthly premiums for coverage in
an amount as specified in accordance with this plan, provided:
A. At the time of retirement the employee has a minimum of ten (10) continuous years of
regular (permanent) City service 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. During any period the retired employee is eligible to receive or receives health
insurance coverage at the expense of another employer, the payment will be
suspended. "Another employer," as used herein, means private employer or
public employer or the employer of a spouse. As a condition of being eligible to
receive the premium contribution as set forth in this plan, the City shall have the
right to require any retiree to annually certify that the retiree is not receiving or
eligible to receive any such health insurance benefits from another employer. If
it is later discovered that a misrepresentation has occurred, the retiree will be
responsible for reimbursement of those amounts inappropriately expended and
the retiree's eligibility to receive further benefits will cease.
2. On the first of the month in which a retiree or dependent reaches age 65 or on
the date the retiree or dependent can first apply and become eligible,
automatically or voluntarily, for medical coverage under Medicare (whether or not
such application is made), the City's obligation to pay monthly premiums may be
adjusted downward or eliminated. Benefit coverage at age 65 under the City's
sponsored medical insurance plans shall be governed by applicable plan
document.
4. In the event of the death of any employee, whether retired or not, the amount of
the retiree medical insurance subsidy benefit which the deceased employee was
receiving at the time of his/her death 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.
-34- 6/1/2004 2:58 PRO
EXHIBIT C - Continued
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 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 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
-35- 6/1/2004 2:58 PM
EXHIBIT C - Continued
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
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.
-36- 6/1/2004 2:58 PM
EXHIBIT C - Continued
c. Miscellaneous Provisions:
1) Benefits provided under the city -sponsored 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 sponsored 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.
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. City sponsored 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:
9
a. Part B Medicare.
-37- 6/1/2004 2:58 PM
EXHIBIT C - Continued
c. Any other city sponsored benefit plan.
d. Any other commercially available benefit plan.
e. Medicare supplements
1. 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.
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.
e
-38- 6/1/2004 2:58 PM
EXHIBIT D
CITY OF HUNTINGTON BEACH
PESONNEL RULE CHANGES
A. Personnel Rules
The City and the Association agree to implement the following rules and accordingly
revise the Personnel Rules as described herein:
1. Rule 5 — Recruitment and Examination Procedure
a. 5-4 — Order of Certification
Whenever certification is to be made, the eligibility lists, if active and not
exhausted, shall be used in the following order:
1) Re-employment list
2) Promotional list
3) Employment List
If fewer than five (5) names of persons willing to accept appointment are on
the list from which certification is to be made, then additional eligibles shall be
certified from the various lists next lower in order of preference until five (5)
names are certified. If there are fewer than five (5) names on such lists, there
shall be certified the number thereon. In such case, the appointing authority
may demand certification of five (5) names and examinations shall be
conducted until five (5) names may be certified. In the event the appointing
authority does not choose to appoint from the five (5) names certified, a new
examination may be requested. In the event another examination is
conducted, those names shall be merged with others already on the list in
order of scores. (This paragraph shall be subject to the most current Policy D-
10 of the Huntington Beach Fire Department Organization Manual executed by
City and Huntington Beach Firefighters Association.)
b. 5-14 — Promotional Exams
Promotional examinations may be conducted whenever, in the opinion of the
Human Resources Officer, after consultation with the department head, the
need of the service so requires; provided, however, a promotional examination
may not be given unless there are two (2) or more candidates eligible. Only
employees who meet the requirements for the vacant position may compete in
promotional examinations. Promotional examinations may include any of the
selection techniques, or any combination thereof, mentioned in Section 5-13.
Additional factors including, but not limited to, performance rating and length of
service may be considered. A promotional employment list shall be established
after the administration of a promotional examination, and such list shall
contain the name(s) of those that passed the examination.
-39- 6/1/2004 2:58 PM
EXHIBIT D
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES - Continued
2. Rule 7 — Discipline
a. 7-2 — Causes for Discipline
12) Possession, use or sale of illegal narcotics or habit-forming drugs, while
on -duty or on City property.
14) Conviction of any felony or a misdemeanor with a job nexus. A plea or
verdict of guilt, or a conviction following a plea of nolo contendere, is
deemed to be a conviction within the meaning of this section.
15) Participating in an unlawful strike, work stoppage, slowdown, or using or
attempting to use sick leave to accomplish the same purpose as a
strike, work stoppage, or slowdown.
3. Rule 8 — Termination
a. 8-3 — Layoff in Accordance with Length of Service
The City and the Association_ agree that the first sentence in Personnel Rule 8-
3 shall be modified to read as follows: Layoff shall be made in accordance
with the relative length of the last period of continuous service of the
employees in the class of layoff, provided, however, that no permanent
employee shall be laid off until all temporary, acting and probationary
employees in the competitive service holding positions in the same class are
first laid off.
b. 8-11 — Re -Employment
With the approval of the Human Resources Officer, an employee who has
resigned in good standing from the competitive service may be re-employed to
his/her former position, if vacant, or to a vacant position in the same or
comparable class within one (1) year from date of resignation in accordance
with Rule 5-21. If such re-employment commences within ninety (90) days of
the effective date of resignation, the employee shall not be considered a new
employee for vacation and seniority purposes.
4. Rule 12 — Classification Plan
a. 12-10 — Temporary Employees
Employment on a basis other than permanent or probationary to a
permanently budgeted position not to exceed one thousand hours (1000) in
any twelve (12) month period. Employees occupying temporary positions shall
not be included in the competitive service and shall not be subject to these
rules and regulations.
-40- 6/1/2004 2:58 PM
EXHIBIT D
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES - Continued
5. Rule 14 — Additional Pay and Pay Adjustments
a. 14-6 — Salary Advancements to Meet Recruiting Problems or to Give Credit for
Prior Service. Application for Other Advancements
The Department Head, through the Human Resources Officer and with the
approval of the City Administrator, may make an appointment at any step
above the minimum salary rate to classes or positions in order to meet
recruiting problems to obtain a person who has extraordinary qualifications, to
or to give credit for prior city service in connection with appointments,
promotions, reinstatements, transfers, reclassifications, or demotions. Salary
adjustments within the salary range for the class, other than merit salary
adjustments authorized by Section 14-1, may be approved by the City
Administrator, upon recommendation of the department head through the
Human Resources Officer. Such recommendation shall include the reason(s)
for the adjustment, whether the advancement is to be permanent or temporary,
and an effective date.
6. Rule 18 — Attendance and Leaves
a. 18-16 — Industrial Accident Leave
In the event a permanent employee, who is a miscellaneous member of.the
Public Employees' Retirement System (PERS), is temporarily totally disabled
as a result of an injury or illness arising out of and in the course of employment
and covered by the State of California Workers' Compensation Insurance and
Safety Act, resulting light duty assignments due to the injury or illness or
absences from work shall be considered Industrial Accident Leave as that term
is defined by this rule.
A permanent employee eligible for Industrial Accident Leave shall receive
compensation from the City in an amount equal to the employee's regular rate
of salary during such period of temporary total disability. Benefits received
under this rule shall be in lieu of statutory Workers' Compensation benefits.
Industrial Accident Leave shall continue during all absences resulting from the
injury or illness, including those absences attributable to doctor's
appointments, therapy, or other follow-up medical visits, but in no case
exceeding one (1) year of accumulated absences attributable to the same
injury or illness. In the event an employee is temporarily, totally disabled by
coinciding qualifying injuries or illnesses, periods of absences shall be applied
concurrently to all qualifying injuries or illnesses.
Industrial Accident Leave compensation shall begin on the first day an eligible
employee is, absent due to a qualifying injury or illness as defined above.
Industrial Accident Leave compensation will terminate on the earliest of the
following:
-41- 6/1/2004 2:58 PM
EXHIBIT D
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES - Continued
1) The date upon which the injury or illness giving rise to eligibility for
compensation under this rule is declared permanent and stationary by a
treating or examining physician; or
2) The date PERS approves an application for disability retirement benefits
filed by the employee or by the City; or
3) The employee receives thirty (30) days advance notice and refuses to
submit to a medical examination ordered by PERS pursuant to
Government Section 21154 or otherwise refuses to cooperate with PERS
in determining whether the employee is incapacitated for the performance
of duty; or
4) The employee receiving Industrial Accident Leave Compensation applies
for service -connected retirement benefits; or
5) The employment of the affected employee is otherwise separated.
If an injured worker remains temporarily disabled after receiving one (1) year of
Industrial Accident Leave for accumulated absences or light duty work
attributable to the same injury or illness, the employee will receive temporary,
total disability benefits as specified by the State of California Workers'
Compensation Insurance and Safety Act. Any period of time during which an
employee is absent from work by reason of injury or illness for which he or she
is entitled to receive Industrial Accident Leave compensation will not constitute
a break in continuous service for the purposes of salary adjustments, sick
leave, vacation accruals, and length of service. computation.
In the event an employee who is receiving or has received Industrial Accident
Leave compensation makes a claim or initiates legal action against a third
party for allegedly causing or contributing to the injury or illness resulting in the
inability to work, the employee is required to notify in writing the City's Risk
Management Division of the claim or commencement of such action within ten
(10) days of the claim or such commencement. The City retains its rights of
subrogation in all such instances.
-42- 6/1/2004 2:58 PM
EXHIBIT D
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES - Continued
b. 18-19 — Maternity Leave
The City and the Association agree to modify the present Personnel Rule 18-
19 Maternity Leave to read as follows: "A permanent employee shall be
entitled to a leave of absence without pay due to inability to work due to
pregnancy. The employee will be entitled to use available sick leave during this
period. Said leave must be requested in writing from the Department Head and
must include written notification from the employee's physician stating the last
day the employee may work and the estimated duration of leave. The
employee must obtain written authorization to return to work from the attending
physician. Said authorization must be filed with the Department Head and the
Human Resources Officer."
C. 18-20 — Leave of Absence without Pay
The City and the Association agree that the following sub -paragraph "C" shall
be added to Personnel Rule 18-20. Leave of Absence without Pay: Leave of
absence without pay, for medical disability reasons, shall be restricted to six
(6) months.
7. Rule 19 — Grievance Procedure Non -Disciplinary Matters
a. 19-5 Grievance Procedure
1) Step 4 — City Administrator
If the grievance is not settled under Step 3, the grievance may be
presented to the City Administrator in accordance with the following
procedure: Within fifteen (15) days after the time the decision is
rendered under Step 3 above, a written statement of the grievance shall
be filed with the Human Resources Officer who shall act as hearing
officer and shall set the matter for hearing within fifteen (15) days
thereafter and shall cause notice to be served upon all interested
parties. The Human Resources Officer, or his/her representative, shall
hear the matter de novo and shall make recommended findings,
conclusions and decision in the form of a written report and
recommendation to the City Administrator within five (5) days following
such hearing. The City Administrator may, in his/her discretion, receive
additional evidence or argument by setting the matter for hearing within
ten (10) days following his/her receipt of such report and causing notice
of such hearing to be served upon all interested parties.
Within five (5) days after receipt of report, or the hearing provided for
above, if such hearing is set by the City Administrator, the City
Administrator shall make written decision and cause such to be served
upon the employee or employee organization and the Human
Resources Officer.
-43- 6/1/2004 2:58 PM
EXHIBIT D a
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES - Continued
2) Step 5 — Personnel Commission Hearing
Hearing. As soon as practicable thereafter, the Human Resources
Officer shall set the matter for hearing before a hearing officer either
selected by mutual consent of the parties or from a list provided by the
Personnel Commission. Ratification of the hearing officer selected by
mutual consent of the parties, if from a list approved by the Personnel
Commission, shall not require separate approval or ratification by the
Personnel Commission. The hearing officer shall hear the case and
make recommended findings, conclusions and decision in the form of a
written report and recommendation to the Personnel Commission. In
lieu of the hearing officer process, the Personnel Commission may
agree to hear a case directly upon submission of the case by mutual
consent of the parties.
Rule 20 — Disciplinary Procedure and Appeal
a. 20-1 — Purpose
The purpose of this rule is to provide a procedure for recommending and
imposing discipline against City employee, and a means by which an
employees may administratively appeal any such disciplinary, action.
b. 20-2 — Disciplinary Procedures
1) Notice of Proposed Adverse Action
For disciplinary demotions, suspensions or dismissals, an employee
shall be served a written Notice of Proposed Adverse Action by the
employee's department head, or his/her designee, or by certified mail,
prior to the proposed disciplinary action taking effect. The notice shall
state the reasons for and charges upon which the proposed action is
based, and the effective date of the action, the right to respond and the
employer's right to representation. A copy of all materials upon which
the proposed action is based shall be attached to the notice.
2) Employee's Right to Respond
The employee shall be given a minimum of ten (10) calendar days to
respond orally and/or in writing, at the employee's option, to the charges
upon which the proposed action is based. The employee's response
shall be made to and/or before his/her department head.
3) Time Off
The employee shall be given reasonable time off with pay to attend
disciplinary meetings.
-44- 6/1/2004 2:58 PM
EXHIBIT D
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES - Continued
4) Final Notice of Decision
After an employee has responded to or waived his/her right to respond
to the proposed adverse action, the employee -shall be served with a
final Notice of Decision from his/her department head. The final written
Notice of Decision shall state whether or not the proposed action shall
be taken or modified, the reasons therefor and the effective date of the
action.
c. 20-3 — Appeal to Personnel Commission
Disciplinary action involving the dismissal, suspension, demotion or other
authorized reduction in pay may be appealed to the Personnel Commission for
de novo hearing and final determination in accordance with the following
procedure:
1) Request for Appeal
Within five (5) days (10 days for 56 hour per week employees) after the
employee's receipt of a final Notice of Discipline, a request for an
appeal to the Personnel Commission shall be submitted to the Human
Resources Officer.
2) Hearing
As soon as practicable thereafter, the Human Resources Officer shall
set the matter for hearing before a hearing officer. The hearing officer,
selected in accordance with Rule 21-7, shall hear the case without the
Board and shall make recommended findings, conclusions and decision
in the form of a written report and recommendation to the Commission.
3) Final Decision
The Commission shall consider the written report and recommendations
of the hearing officer and after due deliberation in executive session,
shall render a decision in the matter which shall be final and binding on
all parties, and from which there shall be no further administrative
appeal.
d. 20-4 — Supplemental Hearing by Personnel Commission
1) The Commission may, in its sole discretion, after it has received the
written report and recommendation of the hearing officer, set the matter
for private hearing for the purpose of receiving additional evidence or
argument. In the event the Commission sets a private hearing for such
purposes, the Human Resources Officer shall give written notice to all
parties concerned in such matter.
2) The Commission, following a consideration of the hearing officer's
written report and recommendation and deliberation thereon and any
-45- 6/1 /2004 2:58 PM
EXHIBIT D
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES - Continued
supplemental hearing before the Commission, shall make findings,
conclusions and decisions which shall be final and binding on all parties
and from which there shall be no further administrative appeal.
e. 20-5 — Employee Status on Pending Appeal
Notwithstanding the provisions of Rule 7, Section 7-4 (Suspension with Pay),
the disciplinary action shall be effective pending an appeal to the Personnel
Commission.
9. Rule 21 — Grievance Procedures - General
a. 21-7. Hearing Officers
The hearing officer provided for in Rules 19 and 20 shall be from a list
provided by the Personnel Commission or one selected by mutual consent of
the parties.
b. 21-12. Time Extension, Grievances
The City and the employee, or employee organization may, by mutual consent,
extend the time periods within which an act must occur in the processing of
grievances.
-46- 6/1/2004 2:58 PM
EXHIBIT E
CITY OF HUNTINGTON BEACH
TILLER CERTIFICATION
Following is the method of application regarding Tiller Certification, Article V, Section E-3 of the. Huntington
Beach Firefighter's Association MOU:
Article V, Section E-3--Tiller Certification
a. Tiller Certification -- The Huntington Beach Training Manual, Section C-2, dated 3-11-99 identifies the
method and requirements for Tiller Certification.
b. Class B Firefighter Restrictive License. --.State Department Of Motor Vehicles established.
c. Light Air Unit -- The intent is for a Firefighter to be able to drive, set up, and safely operate the Light
Air unit. Currently, hazardous materials personnel operate the Light Air Unit. They are trained in the
safe operation of the unit but do not actually "certify." We are developing a training program for the
unit that will consist of a short written test to identify the safety and operational aspects the lighting
and air system. The program will formalize the current existing training program that has been in use
and assure that firefighting personnel are properly trained. Since Firefighters may not be assigned to
the unit regularly, we will also establish a refresher class each year to maintain their capabilities.
Note! All Fire Department personnel have been trained in the past in the operation of the Light Air Unit.
Since we do not have a formalized training program for the unit at the present time, all, Firefighters will be
grandfathered into meeting the requirements until the training program is finalized. This process will provide
the following options for compensation:
® If the Firefighter was Tiller Certified and had a Class B Firefighter Restrictive License as of September
5, 1998, they will receive the identified compensation effective that date. Upon implementation of a
formal certification program for the Light Air Unit, these Firefighters will be required to become
certified in light air operation.
® If, after September 5, 1998, and until the training program for the Light Air Unit is developed and
implemented, a Firefighter obtains Tiller Certification and the Class B Firefighter Restrictive Drivers
License, they will be eligible for compensation following application. Upon implementation of a formal
certification program for the Light Air Unit, these Firefighters will be required to become certified in
light air operation.
® For Firefighters requesting compensation after the training program for the Light Air Unit is formalized,
they must obtain Tiller Certification, the Class B Firefighter Restrictive Drivers License, and be
certified in light air operations. They will be eligible for compensation following application.
(Vote! If a Firefighter elects not to participate in the above mentioned Tiller Certification compensation, it does
not preclude the currently established requirement by the Department for a firefighter to be Tiller Certified, as
identified in the Huntington Beach Training Manual, Section C-2, dated March 11, 1999.
-47- 6/1/2004 3:01 PM
EXHIBIT F
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.
-48- 6/1/2004 2:58 PM
EXHIBIT G
40156-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.
-49- 6/1/2004 3:01 PM
EXHIBIT G - 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.
-50- 6/1/2004 3:01 PM
EXHIBIT H
POLICY D-14, MINIMUM STAFFING AND FILLING OF VACANCIES
-51- 6/1/2004 3:01 PM
Organization Manull
PersonTel
Applicable (✓) to the following personnel:
✓ Fire Administration
✓ Chief Officer
INTENT
✓ Fire Prevention Fire Captain
✓ Fire Suppression Fire Engineer
Firefighter Paramedic
Firefighter
To establish and maintain the minimum staffing levels for the Huntington Beach Fire Department.
DEFINITIONS
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).
MAY 2004 - REPLACES DECEMBER 1995 PAGE 1 OF 5
S:\RAT\Organization Manual\Section D\D-14.doc
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.
MAY 2004 — REPLACES DECEMBER 1995 PAGE 2 OF 5
SAWROrganization Manual\Section D1D-14.doc
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.
MAY 2004 — REPLACES DECEMBER 1995 PAGE 3 OF 5
&TW\Organization Manual\Section D\D-14.doc
ORGANIZATION 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).
MAY 2004 — REPLACES DECEMBER 1995
S:\FMl \Organization Manual\Section D\D-14.doc
PAGE 4 OF 5
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 shall complete the process
(including any impasse procedure) within 60 days, unless otherwise extended by
mutual agreement.
APPROVED: L PX/1
Duane S. Olson, Fire Chief
DATE:
e
MAY 2004 — REPLACES DECEMBER 1995
S:\FMT\Organization Manual\Section D\D-14.doc
PAGE 5 OF 5 ,
Clip OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
To: Rick Fee, President, Huntington Beach Firefighters Association
From: Duane Olson, Fire C 'ef
Date: May 24, 2005
SUBJECT: ORGANIZATION MANUAL POLICY D-14, MINIMUM STAFFING AND
FILLING VACANCIES
Attached is Organization Manual Policy D-14, MINIMUM STAFFING AND FALLING
VACANCIES, dated May 2004, which replaces Policy D-14 dated December 1995.
Five copies of this memo and revised policy are also included for your convenience in
forwarding to your Board Members. I will also attach these documents in an e-mail to
you.
If you concur with this revised policy, please sign below. Upon receipt of your
concurrence, I will sign/approve and distribute the policy. I would appreciate your
response as soon as possible.
If you have any questions, please call me at ext. 5402, or Division Chief/Operations
Jacques Pelletier at ext. 5563.
DSO/JP/sm
Attachments
REVIEWED AND APPROVED BY:
Rick F6e, Pre, '
Huntington Beach Firefighters Association
2/,
Date
SAFMT\Organization Manual\HBFA Correspondence\Memo Policy D-14 to HBFA.doc
Res. No. 2004-42'
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN FLYNN, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and,ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 7th clay of June,
2004 by the following vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
ABSTAIN: None
Jrerk and ex-offic' Clerk of the
City Council of the City of
Huntington Beach, California
e
ATTACHMENT
RESOLUTION NO. 2004-43
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 FIGHTERS' ASSOCIATION,
BY ADOPTING SIDE LETTERS OF AGREEMENT
WHEREAS, on June 7, 2004, the City Council of Huntington Beach adopted Resolution
No. 2004-42 for the purpose of adopting the 2003/04 Memorandum of Understanding (MOU)
between the City and the Huntington Beach Fire Fighters' Association (HBFA); and
Subsequent to the adoption of the MOU, the City of Huntington Beach and the HBFA
agreed to changes, corrections, and clarifications to the MOU that are reflected in two (2) Side Letters of
Agreement between the City of Huntington Beach and the HBFA ("Side Letters of Agreement")
attached hereto as Exhibits A and B and incorporated herein by this reference,
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 attached hereto as Exhibit B is approved and
adopted.
Section 3. The Side Letters of Agreement amend 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 7th day of .Tune , 2004.
REVIEWED AND APPROVED:
/City Ad inistrator
APPROVED AS TO FORM:
c
C' y Attorne,
ITIAT D APP D:
Director o dministrative Services
04reso/mou-fire/4�/25/04
Side Letter Agreement —Vacancies
Between the City of Huntington Beach
and the Huntington Beach Firefighters' Association
Effective:- Upon City Council Approval
This is to memorialize an agreement between the City of Huntington
Beach (City) and the Huntington Beach Firefighters' Association (HBFA) to reflect
an agreement on maintaining vacancies.
Based on existing vacancies and as positions become vacant, the city shall
maintain: three (3) Firefighter Paramedic, three (3) Fire Engineer, and three
(3) Fire Captain positions vacant until September 30, 2004.
It is the understanding of the City and the HBFA that this side letter is of
no force or effect whatsoever unless and until adopted by resolution of the City
Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this side letter
to the Memorandum -of -Understanding this a day of June, 2004.
CITY OF HUNTINGTON EAC
MIMPA AM
William P. Workman
Assistant City Adminis rator
Clay MaXin
Direct& of Administrative Services
7� �tC .ice-- &ys 00L
Bruce A. Barsook
Chief Negotiator
HUNTINGTON BEACH
FIREFIGHTERS' ASSOCIATION
Fre&k . Fee
Presiders
ert L. enn
Vice -President
Z&:L0_ - �4
Stephe.4 H. Silver
Chief Negotiator
1
Side Letter Agreement — Shift Exchange
Between the City of Huntington Beach
and the Huntington Beach Firefighters' Association
Effective: Upon City Council Approval
This is to memorialize an agreement between the City of Huntington
Beach (City) and the Huntington Beach Firefighters' Association (HBFA) to reflect
an agreement on departmental Policy D-7 "Exchange of Work Schedule".
Policy D-7, "Exchange of Work Schedule", of the Huntington Beach Fire
Departments Organizational Manual shall be changed to reflect the
following:
• A member shall owe no more than nine (9) full and three (3) partial
exchanges of time to other members.
• A member shall have no more than nine (9) full and three (3) partial
exchanges of time owed to them by other members.
This change shall be signed off and completed by both parties on or before
July 30, 2004.
It is the understanding of the City and the HBFA that this side letter is of
no force or effect whatsoever unless and until adopted by resolution of the City
Council of the City of Huntington Beach.
e
1
IN WITNESS WHEREOF, the parties hereto have executed this side letter
to the Memorandum -of -Understanding this ','-2-- day of June, 2004.
CITY OF HUNTI
William P. Workman
Assistant City Admini
M—yy rtin
Directdr of Administrative Services
Bruce A. Barsook
Chief Negotiator
HUNTINGTON BEACH
FIREFIGHTERS' ASSOCIATION
Fr dri C. Fee
President
44
ert L. GI nn
Vice -President
Step n H. Silver
Chief Negotiator
Res. No. 2004-43
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN FLYNN, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 7th day of .Dune,
2004 by the following vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
ABSTAIN: None
—) ../- A/'--.')
y Clerk and ex-oic6C,lerk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT #3
Fire MOU
TABLE
A=.L- O CONTENTS
ARTICLE I - REPRESENTATIONAL UNIT/CLASSIFICATIONS..........................................................................
ARTICLE II — EXISTING CONDITIONS OF EMPLOYMENT............................................................. ..................
ARTICLE III - SEVERABILITY..................................................................
I
1
...................... 2
ARTICLEIV — SALARY SCHEDULES................................................................................................................................... 2
ARTICLE V — SPECIAL PAY....................................................................................................................................................2
A.
EDUCATION............................................................................................................................................................................2
1.
Incentive Plan ... ..... ..... ....... ........ ..................................................... ........................................
.... ...................................... 2
a. Level ...... .................... ......... .................... ................................. ..........................................
................ ........................................... 2
b. Levelll............................................................................................................................................................................................2
C. Degree Majors.................................................................................................................................................................................3
d. Education Committee......................................................................................................................................................................3
e. Effective Date ......................... ........ .............................................. ......................
......................................................... .................... 3
f. Previous Benefits.............................................................................................................................................................................3
B.
ACTING ASSIGNMENTS...........................................................................................................................................................
3
C.
ADMINISTRATIVE APPOINTMENTS..........................................................................................................................................
3
1.
Administrative Appointments...........................................................................................................................................
3
2.
Pay Upon Completion ofAdministrative Appointment ....................................................................................................4
D.
PAY UPON COMPLETION OF PARAMEDIC DUTIES...................................................................................................................
4
E.
SPECIAL CERTIFICATION/SKILL PAY.......................................................................................................................................
5
1.
State Board of Fire Service Certification.................................................................................•--.....................................5
2.
Paramedic Recertification................................................................................................................................................
5
3.
Preceptors........................................................................................................................................................................5
4.
Firefighter Tiller Certification.........................................................................................................................................
5
a. Tiller Certification...........................................................................................................................................................................6
b. Class B Driver License....................................................................................................................................................................6
C. Light Air Unit..................................................................................................................................................................................6
5.
Hazardous Materials Team Responder. .............. ............................................................................................................
6
6.
Bilingual Skill...................................................................................................................................................................
6
7.
Fire Protection Specialist.................................................................................................................................................
7
8.
Level II Investigator.........................................................................................................................................................7
F.
HOLIDAY PAY-IN-LIEU..........................................................................................................................................................
7
G.
REPORTABLE TO PERS..........................................................................................................................................................
8
ARTICLE VI — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT............................................................................. S
A. UNIFORMS PROVIDED BY CITY.............................................................................................................................................. 8
B. UNIFORM ALLOWANCE/FITNESS............................................................................................................................................ 8
C. UNIFORM CARE AND REPLACEMENT...................................................................................................................................... 8
D. UNIFORM POLICIES AND ADVISORY COMMITTEE...................................................................................................................9
E. REPORTABLE TO PERS.......................................................................................................................................................... 9
ARTICLE VII — HOURS OF WORK/OVERTIME...............................................................................................................10
A.
WORK SCHEDULE................................................................................................................................................................
10
B.
HOURS OF WORK - DEFINED................................................................................................................................................
10
C.
LEVEL PAY PLAN.................................................................................................................................................................
1 I
D.
OVERTIME/COMPENSATORY TIME.......................................................................................................................................
12
1. Paid Overtime................................................................................................................................................................12
2. Compensatory Time... .............................................................................................. _ ................. ............ .....................
12
a. Non -Exempt ... ................................. .............................. .................... -----......................................................................................12
b. Staff Personnel..............................................................................................................................................................................12
C. Compensatory Time Paid Off........................................................................................................................................................13
3. Callback.........................................................................................................................................................................13
4. Mandatory Standby.................................................................................. .......... ........................... ................................
13
5. Pagers . ............................. ........................... .................................... .......... ....................................................................
13
-i- 11/13/00 5:14 PM
Fire O
ABLEO CONTENTS
6.
Required Training Attendance.......................................................................................................................................13
7.
Cancellation of Overtime...............................................................................................................................................13
8.
Court Time.....................................................................................................................................................................14
9.
Pay Out of Rank........................................................................................................................._.................................14
E.
JURY DUTY..........................................................................................................................................................................
14
F.
SHIFT EXCHANGE/RELIEF.....................................................................................................................................................
15
G.
ASSIGNED SHIFT POLICY......................................................................................................................................................15
H.
MINIMUM STAFFING AND FILLING VACANCIES....................................................................................................................
15
1.
Minimum Staffing Levels................................................................................................................................................15
ARTICLE VIII — HEALTH AND OTHER INSURANCE BENEFITS.................................................................................15
A:
HE,kLTFi............................................................................................................................................................................... 15
4-
Medica.......................................... .................-..................................................................................................15
Dental.............................................................................................................................................................................16
Qptiea..............................................................
............................... ....................... 16
-5.
Alan Changes City n.l,,,lieal Dlgn JanHary 1 2001)
to (Eff eti e
&
a ,r li l Cash 6Wt
...................... 18
Section 175 Plan
Lnr� nwxn r�nrrnrw�rnr 71r nrx. nwir�Tlicn� nnnrnr,rrwir
18
zax v v zzccxvc� v�Tc>✓ v me � x fTcry v n yam-Elm�rzQvz�-rr.......................................................................................................
4-
L- fe.................................................................................................................................................................................18
2
Th..,..,,,.,,til,,,,,,,,,,,,,,,t
A.eident l Death 11 ,7 ... ............ ..................
...
........... ........................................................................... 18
E
................... I ............... I.......... .................
............... ..........18
D
S 7-rtV8n'-a BENEFIT- crvti
......................................................................................................................................
18
E
N1jSGF r n NE0I xc
............................................................................................
. .. ....... .... 1 9
A.
MEDICAL........................................................................................................................................
..................... ............... 19
B.
ELIGIBILITY CRITERIA AND COST....................................................................................................................................
19
1.
City Paid Medical Insurance — Employee and Dependents...........................................................................................19
2.
Year 2004 Health and Other Insurance Benefit Premiums, Employer Contribution, and Employee Contribution....... 20
a. Monthly Premiums........................................................................................................................................................................20
b. Employer Contribution..................................................................................................................................................................21
C. Employee Contribution ........... ............ -............................ ...........................
................................................................................. 22
C.
FUTURE PREMIUMS............................................................................................................................................................25
D.
MEDICAL CASH-OUT.........................................................................................................................................................
25
E.
SECTION 125 PLAN.............................................................................................................................................................
25
F.
LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT...................................................................................................
25
1.
Life.................................................................................................................................................................................
25
2.
Accidental Death and Dismemberment..........................................................................................................................
25
G.
LONG TERM DISABILITY....................................................................................................................................................
26
H.
RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY MEDICAL RETIREE SUBSIDY PLAN .... 26
I.
POST-65 SUPPLEMENTAL MEDICARE COVERAGE............................................................................................................
26
J.
MISCELLANEOUS................................................................................................................................................................27
ARTICLEIX — RETIREMENT................................................................................................................................................28
A.
BENEFITS.............................................................................................................................................................................
28
1.
Public Employees' Retirement System...........................................................................................................................
28
a. 3% @ Age 50.................................................................................................................................
Error! Bookmark not defined.
b. 1959 Survivors' Benefit Level IV..................................................................................................
Error! Bookmark not defined.
2.
Self -Funded Supplemental Retirement Benefit...............................................................................................................
29
3.
Medical Insurance for Retirees......................................................................................................................................
29
B.
PUBLIC EMPLOYEES' RETIREMENT SYSTEM RamBURSEMENT AND REPORTING................................................................. 30
1.
Employee's Contribution................................................................................................................................................
30
ReBover..........................................................................................................................................................................
30
3.
Reporting of Base Salary................................................................................................................................................
31
C.
REINSTATEMENT PRIVILEGES FOR DISABILITY RETIREES.....................................................................................................
31
ARTICLEX — LEAVE BENEFITS..........................................................................................................................................31
-ii- 11/13/00 5:14 PM
Fire i
VABLE O CONTENTS
A.
LEAVE WITH PAY.................................................................................................................................................................
31
1.
Vacation.........................................................................................................................................................................
31
a.
Accrual..........................................................................................................................................................................................31
C.
Eligibility and Permission.............................................................................................................................................................32
d.
Conversion to Cash.......................................................................................................................................................................33
e.
Pay -Off at Termination..................................................................................................................................................................33
2.
Sick Leave.......................................................................................................................................................................
33
a.
Accrual..........................................................................................................................................................................................33
b.
Pay -Off at Termination..................................................................................................................................................................33
C.
Utilization in Conjunction with Industrial Disability Leave
..........................................................................................................34
3.
Family Sick Leave..........................................................................................................................................................34
ff7
Twenty Lour MA\ Hour- Shift Employees
............... 34
b-
All Otis ......................................................................................................................................................................................
34
C.
Authorization.................................................................................................................................................................................34
4.
Bereavement...................................................................................................................................................................34
5.
Association Business......................................................................................................................................................
35
ARTICLEXI — CITY RULES...................................................................................................................................................35
APERSONNELRULES
..............................................................................................................................................................35
B
PRECEDENCE OF AGREEMENT..............................................................................................................................................
35
C.
LAYOFF RULES....................................................................................................................................................................
35
ARTICLEXII
- MISCELLANEOUS.......................................................................................................................................35
A
FIRE DEPARTMENT PROMOTIONAL EXAMS PERSONNEL RULES
—_POLICY D-10...................................................................
35
B
LIVING QUARTERS ....................................................................................................................
...........................................
35
C.
PAYCHECKS.........................................................................................................................................................................
35
1.
Bi-Weekly Pay................................................................................................................................................................
35
2.
Paycheck Distribution....................................................................................................................................................36
3.
Vacation Paycheck.........................................................................................................................................................
36
D
CLASS B DRIVER'S LICENSE................................................................................................................................................36
EFLEET
MANAGEMENT PROGRAM.........................................................................................................................................
36
F
A DePT-Ff) DoeumFr 4:rr
............................................................................................................
..... . ..........
36
4-
P/, n 71.,.,,,,,,,,,,,,,E /ZI.,., lrl�
2
Plan Document /D,,,,...1,,,,,,,, Health P4,,,,.1
P. iey #4002 (Delta Cai= .................................................................................................
.......
36
4,
Pokey, u47 9 (D 7r ),,,t, n
5-
14-si n /',f, e 127..,,.
.
Bankers Casualty ,,n, P.liff+tDA2 cc6 cn
.............................................
if and
Standardi,,, sur-a,, ee Po l;.,. #332 7-5 T'
&
.
Retiree r,7edie, l Plan ....................................................................
..............................................................................
36
G
DEFERRED COMPENSATION LOAN PROGRAM......................................................................................................................
36
ARTICLE XIII — MANAGEMENT RIGHTS.........................................................................................................................37
ARTICLE XIV — TERM OF MOU...........................................................................................................................................37
ARTICLE XV - CITY COUNCIL APPROVAL.....................................................................................................................38
EXHIBIT A — EMPLOYER -EMPLOYEE RELATIONS RESOLUTION...........................................................................39
EXHIBIT B — CITY OF HUNTINGTON BEACH FIRE ASSOCIATION SALARY SCHEDULE ..................................40
EFFECTIVESEPTEMBER 27, 2003.................................................................................................................................................. 40
EXHIBIT C — RETIREE SUBSIDY MEIDICAL PLAN......................................................................................................... 44
T i(jNpi ium E1 GIBI IT* FOR Bpi Errrr
.................................................................................................. .............
DISABILITYRETIREES.................................................................................................................................................................... 45
MAXIMUMMONTHLY SUBSIDY PAYMENTS...................................................................................................................................45
11/13/00 5:14 PM
Fire MOII
IABLE OF CONTENTS
EXHIBIT D - PERSONNEL RULE CHANGES..................................................................................................................... 51
APERSONNEL RULES.............................................................................................................................................................. 51
EXHIBIT E - TILLER CERTIFICATION............................................................................................................................. 59
EXHIBIT F - INCOME PROTECTION PLAN.....................................................................................................................60
EXHIBIT G - 56-HOUR VACATION AND SICK LEAVE ACCRUAL - LEAVE BENEFITS (EXAMPLE) ................ 61
EXHIBIT H - POLICY D-14 MINIMUM STAFFING AND FILLING OF VACANCIES................................................63
-iv- 11/13/00 5:14 PM
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 27, 2003 OGtober 1, 2000 through September 24, 2004 September 30, 2003
ARTICLE I - REPRESENTATIONAL UNIT/CLASSIFICATIONS
A. It is recognized that the Huntington Beach Firefighter's Association is the employee
organization, which has the right to meet and confer in good faith with the City on
behalf of employees of the City of Huntington Beach within the following
classifications:
Deputy Fire Marshal*
Fire Captain
Ciro Captain Pararne lin*
Fire Engineer
Giro Engineer Paramo�in*
Firefighter
Firefighter Paramedic
Fire Protection Specialist*
*Administrative Appointments
B. The CITY and Association have agreed to a procedure whereby the City, by and
through the Human Resources Manager Off+Eer, 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.
-1- 6/1/2004 2:43 PM
FIRE MOU
September 27, 2003 through September 24, 2004
ARTICLE III - SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this MOU or any
additions or amendments thereof, or the application thereof to any person, is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
resolution or its application to other persons. The City Council hereby declares that it
would have adopted this MOU and each section, subsection, sentence, clause, phrase or
portion, and any additions or amendments thereof, irrespective .of the fact that any one or
more sections, subsections, sentences, clauses, phrases or portions, or the application
thereof to any person, be declared invalid or unconstitutional.
ARTICLE IV — SALARY SCHEDULES
The base salary of each employee represented by the Association shall be as set forth in
the Salary Schedules, • B. - September • 2000
Salary
r r r r r
r r r eases rall
+ + +
• •
1 1 • • 1
ranges (approximately 3%)
1 I •
ARTICLE V — SPECIAL PAY
A. Education:
1. Incentive Plan — It is the purpose and intent of the Education Incentive Plan to
motivate the employee to participate in, and continue with his/her education so
as to improve his/her knowledge and general proficiency which will, in turn,
result in additional benefits to the Fire Department and to the CITY. As certain
levels of additional education are satisfactorily completed and attained, the
employee will receive additional monetary compensation in recognition of his/her
educational achievement.
a. Level I — Any employee who has completed one (1) year of service with the
City of Huntington Beach and has attained an Associate of Science Degree
in Fire Science, or an equivalent course of study as determined by the
Education Committee and the Fire Chief, shall receive an additional bi-
weekly payment of forty-six dollars and fifteen cents ($46.15) monthly
b. Level II — Any employee who has completed three (3) years of service with
the City of Huntington Beach and has attained a Bachelors Degree in Fire
Administration, Public Administration, or an equivalent course of study as
-2- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
determined by the Education Committee and Fire Chief, shall receive an
additional bi-weekly payment of sixty-nine dollars and twenty-three
cents ($69.23) monthly payment of one hundred fifty dellars ($150),
c. Degree Maiors — Degree majors in an equivalent course of study other than
Fire Science, Fire Administration, or Public Administration, shall be
approved in advance by the Education Committee.
d. Education Committee — An Education Committee shall be formed and shall
be composed of three (3) members. Of said three (3) members, one shall
be appointed by the ASSOCIATION, one appointed by the Fire Chief, and
the third shall be the Human Resources Manager Officer.
e. Effective Date — Certification to an education award and to the additional
monthly compensation pay shall begin the pay period following
certification ncemmenne on the first day of the payroll neried the month afteappreval by the EduGatien Committee.
f. Previous Benefits — Notwithstanding the foregoing, any employee currently
receiving educational incentive benefits in any previously approved
schedule, shall continue to receive the monthly payments entitled
thereunder, in lieu of any payment available under Section "AA." of this
Article, if the current payment exceeds the payment to which the employee
would be entitled under Section "A.1." if any.
B. Acting Assignments: Employees acting in a higher classification, when properly
qualified and compensated in accordance with the CITY Personnel Rules, shall be
considered equivalent to the required classification.
C. Administrative Appointments:
1. Administrative Appointments — The CITY may, from time to time, administratively
appoint employees to administrative or specialist positions. The personnel
appointed to the positions of Deputy Fire Marshal, and Fire Protection
Specialist, Eire Captain Paramedic, and Ciro Engineer Dammed G_ shall serve at
the discretion of the Fire Chief.
An administrative appointment shall not affect the employee's regular
classification or rank. Persons appointed to these positions shall retain their
highest previous permanent classification and the anniversary date of their
appointment to the permanent classification.
-3- 11/13/00 5:14 PM
FIRE M®U
September 27, 2003 through September 24, 2004
2. Pay Upon Completion of Administrative Appointment:
a. An employee administratively appointed to the positions of Deputy Fire
Marshal and Fire Protection Specialist, who subsequently is voluntarily or
involuntarily reassigned to a position within their permanent classification
with a lower rate of pay, shall receive a one (1) step reduction in pay to
initially coincide with their reduced assignment and at each anniversary date
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 administratively appointed employee to the positions of Deputy Fire
Marshal and Fire Protection Specialist, who has completed four (4) years of
service in the appointed or any other appointed parallel position, may
request to return to their permanent classification, and shall within one (1)
year thereafter, be entitled to return to his/her permanent classification. The
pay rate changes associated with the appointment or reappointment shall
follow the process and procedures established for all positions within the
classified service.
c. This section shall not apply to disciplinary demotions or layoffs.
D. Pay Upon Completion of Paramedic Duties — Any Firefighter Para med ic-,--any
Fore Captain PaFarne with a minimum of five (5) years of continuous service as a
Paramedic may request reinstatement to his/her previously held classification. Such
request must be submitted in writing to the Fire Chief at least one (1) year prior to the
date of the requested reinstatement. Upon reinstatement, if the employee's current
base salary is equivalent to or in excess of Step E of the respective Firefighter; Fire
Engineer, eF Ciro Cap salary range, his/her salary will not change until it no longer
exceeds Step E of the respective Firefighter, Fire Engineer, or Fare Captain salary
range.
If the employee's Paramedic salary is less than Step E, his/her salary shall be set at a
step in the range closest to his/her existing current base salary.
This section shall not apply to disciplinary demotions or layoffs.
-4- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
E. Special Certification/Skill Pay:
1. State Board of Fire Service Certification
Any employee, in a position that did not require certification as a condition of
employment, and who at any time has been or becomes certified by the State
Board of Fire Services in a classification then occupied, shall be entitled, upon
request, to a 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.
Paramedic2. ..
PaFarned*G, helshe shall be entitled to a Gash payment ef five hundred do"
00
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 possesses a State of California
Paramedic License and/or are re -certified by the State of California as a
Paramedic and are not locally accredited by the department to practice as
a Paramedic. Re -certification pay for Captains and Engineers shall be
limited to thirty (30) positions.
As of July 1, 2004 all Fire Engineers and Fire Captains who currently
possess a State of California Paramedic License shall not be locally
accredited by the department to practice as a paramedic.
3. Preceptors
Firefighter Paramedics who possess the qualifications necessary to be a
preceptor and are assigned preceptor duties by the Fire Chief or designee
shall be paid the equivalent of thirty dollars ($30.00) per twenty-four (24)
hour shift.
4. Firefighter Tiller Certification —
Firefighters that obtain and maintain the certifications and qualifications as
outlined in (a) through (c) below shall receive forty-six dollars and fifteen
cents ($46.15) bi-weekly oath Tiller pay, o f feet* a SeptembeF 1998
-5- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
a. Tiller Certification - Obtain and maintain Huntington Beach Tiller
Certification.
b. Class B Driver License - Obtain and maintain a minimum of a valid
California Class B Firefighter Restrictive License.
c. Light Air Unit - Ability to drive and operate, the Light Air Unit as required,
and identified in Exhibit E.
5. Hazardous Materials Team Responder - Those members who have been
specially trained for the position of Hazardous Materials Team Responder, and
are specifically assigned by the Fire Chief or his/her designee to the Hazardous
Material Unit or backup unit, shall receive additional compensation in the amount
of one hundred thirty eight dollars and forty-six cents ($138.46) bi-weekly
• Permanent
monthlytheir bilingual abilitie-S in Spanish or Vietnamese as part of their job assignment
are te be paid five per -Gent (5%) over their regular .tested and certified by City Personnel as to language profieienGy.-
-
Permanent employees who are qualified and assigned to use Spanish,
Vietnamese, or Sign Language skills shall be paid an additional five
percent (5%) of their basic hourly rate in addition to their regular bi-weekly
salary.
Permanent 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%) for every bi-weekly pay period that the assignment is in effect.
In order to be qualified 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.
-6- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
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.
7. Fire Protection Specialist — Level I Investigator Certification -Must meet the
requirements of NFPA 1033 Professional Qualifications for Fire Investigator I, or
successful completion of the California State Board of Fire Services Fire
Investigator I courses, including Investigation IA, IB, and PC 832. These
requirements must be met within six (6) months of appointment as a Fire
Protection Specialist.
a. Level 11 Investigator —
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
equivalent to the Fire Protection Specialist 56-hour salary rate.
b. Fire Personnel assigned to a 40-hour non -suppression work schedule,
while on duty and temporarily reassigned as a Level 11 Investigator, will
be compensated equivalent to 22 ranges above a Fire Protection
Specialist.
c. Fire Suppression personnel, off duty and temporarily assigned as Level 11
Investigator, will be compensated equivalent to 22 ranges above Fire
Protection Specialist rate at time and one-half.
d. Fire Suppression personnel, while on duty and temporarily reassigned to
Level 11 Investigator, will be compensated equivalent to 22 ranges above
the Fire Protection Specialist 56-hour salary rate.
Holiday Pay -In -Lieu Employees shall be Gernpensated
listed holidays at the rate of .0385 ef the employee's monthly salary rate se"41
Permanent, full time employees shall be compensated by the city in -lieu of the
ten 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
-7- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
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 holiday set forth in Section F.1. of this Article, shall not be entitled to time
off or overtime.
G. Reportable to PERS — Subject to State Law and Regulations, compensation paid as a
result of this Article shall be reported to PERS as salary.
ARTICLE VI — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT
A. Uniforms Provided by City. — The City will provide all personnel represented by the
HBFA with uniforms as described in the most current Policy C-2, Uniforms executed
by the parties.
B. Uniform Allowance/Fitness — City shall provide each employee who participates in the
Fire Department's current physical fitness program, Policy D-9, Physical Fitness
Program, one hundred fifty dollars ($150) per fiscal year for the purchase of physical
fitness uniforms and physical fitness shoes, payable in the first payroll period of
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
-8- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
unacceptable, or were damaged by circumstances involving the Firefighter's
regular work while on duty.
2. The uniforms described in paragraph A of this Article and Policy C-2 Uniforms
— Uniforms shall be replaced by the City whenever the Fire Chief or his/her
designated representative determines that such replacement is necessary.
3. The employee shall be responsible for the preservation and cleaning of all
uniforms.
4. All uniforms and equipment furnished by the City, with the exception of T-
shirts, shall remain the property of the City and be returned or replaced if the
employee terminates.
D. Uniform Policies and Advisory Committee:
1. The present uniform and clothing policies, as delineated in this Article, shall
remain in effect until the Fire Chief or his/her designee and the Association
mutually 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: — Subject to State law and regulations, compensation paid as a
result of this Article shall be reported to PERS as salary.
-9- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
ARTICLE Vil — HOURS OF WORK/OVERTIME
A. Work Schedule:
1. All twenty-four (24) hour shift employees shall work an average of fifty-six (56)
hours per week pursuant to the current schedule of five (5) twenty-four (24) hour
shifts in a fifteen (15) day period with six (6) consecutive days off.
2. All twenty-four (24) hour shift employees shall be on a fifteen (15) day work
period as defined by the Fair Labor Standards Act (FLSA).
3. Fire Prevention staff and administrative work schedules are to be forty (40)
hours per week on a four (4) day workweek, ten (10) hours per day, twenty eight
(28) day FLSA work period.
B. Hours of Work - Defined: :
1. Hours worked shall be defined as actual time worked, approved vacation, sick
leave, compensatory time off, bereavement leave, and industrial injury or illness
leave, with the exception of exchange of shift not being included.
2. Exchange of shifts shall occur at 0800 hours each day. However, employees
shall actually arrive sufficiently in advance of 0800 hours so as to comply with
Fire Department Rules and Regulations, Policy B-2, Section 7.37. Said advance
time shall not constitute hours worked.
3. Meal periods are paid as hours worked for personnel who are subject to call for
emergency duty.
4. The maximum time allowed within the forty (40) hour workweek schedule for
both lunch and physical fitness shall not exceed four (4) hours within any given
workweek. All physical fitness activities considered to be work activities shall be
conducted on duty within fire stations and under supervision.
5. An employee who is held over beyond the end of his/her regular shift shall be
compensated for the actual time he/she is required to remain on duty, computed
to nearest quarter (1/4) hour.
6. Exchanges of time shall not be considered when computing hours worked as
defined in this Article.
7. An employee shall be considered to be working if he/she is ordered to duty by
the Fire Chief or his/her designee.
-10- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
C. Level Pay Plan:
1. Twenty-four (24) Hour Shift Personnel — The FLSA work period for twenty-four
hour shift personnel shall be changed from a 14 day work period to a 15 day
work period. The 15 day FLSA work period shall begin at 8 a.m. on the first shift
worked by the A shift following six days off. There shall be 14 FLSA work
periods for every fifteen 14 day pay periods. EacWemployee shall be regularly
scheduled to work 1680 hours during each cycle of 14 FLSA work periods (or
fifteen pay periods). All hours worked in excess of 110 hours in an FLSA work
period shall be compensated at the premium rate (one and one half times the
regular rate of pay), so that for every cycle of 14 FLSA work periods, an
employee shall receive 140 hours of premium pay for working regularly
scheduled hours. All regularly scheduled non "lost time" hours shall be counted
as hours worked. Each employee assigned to twenty-four shifts for a full FLSA
work period shall receive 102.67 hours of regular pay and 9.33 hours of
premium pay in each bi-weekly pay period, which shall compensate the
employee for FLSA overtime for regularly scheduled shift work. The intent of
this system is that all FLSA overtime hours worked shall be compensated by the
first payday following the end of the 15 day FLSA work period. In the event that
an employee receives FLSA overtime on a payday before that employee has
actually worked FLSA overtime hours, the amount received shall be credited for
FLSA purposes toward the next occasion on which the employee works FLSA
overtime. If an employee who is paid FLSA overtime in advance of working
FLSA hours leaves City employment, there shall be an adjustment in his/her
final paycheck to reflect such advance payment.
2. In addition to the premium pay provided above, twenty-four (24) hour shift
employees shall receive premium pay for hours worked in excess of regularly
scheduled hours unless the employee has "lost time" in a regularly scheduled
shift. If there is "lost time" in any regularly scheduled shift, the employee shall
receive premium pay for only those overtime hours worked in excess of the
number of lost time hours in the bi-weekly pay period.
3. Lost Time — Defined — "Lost time" is defined as time when the employee does
not work when regularly scheduled to do so and does not receive a leave of
absence with pay.
4. Forty (40) Hour Work Week — Personnel who are not assigned to twenty-four
hour shifts but are assigned to work forty (40) hours per week shall have a
twenty-eight (28) day FLSA work period, which shall correspond to exactly two
City pay periods and shall begin at the same time as a City pay period. Forty
(40) hour personnel shall continue to receive premium pay for working hours in
excess of their regularly scheduled hours.
-11- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
D. Overtime/Compensatory Time:
1. Paid Overtime
a. All employees covered by this MOU shall be eligible for overtime pay at their
premium hourly rate for all actual work performed in excess of the
employees' scheduled hours in their declared work period.
b. Any employee who voluntarily works overtime in a different classification
shall be compensated at a rate of pay consistent with the classification
worked. Any employee who is ordered in to work in a lower classification
shall be compensated at the rate attendant to his/her regular classification.
c. The City will maintain and adhere to the overtime system as set out in the
most current Policy D-3 executed by the parties. The overtime system
and/or Policy D-3 may be modified by mutual agreement of the parties at
any time during the term of the MOU.
2. Compensatory Time
a. Non -Exempt — All overtime worked by non-exempt employees shall be
compensated at the employee's premium hourly rate of pay and shall not be
compensated by compensatory time off.
b. Staff Personnel — For all staff personnel positions, in lieu of compensation
by cash payment for overtime as provided in this Article, such employees
may, at their option and with the approval of the Fire Chief, be compensated
by compensatory time off at time and one half for each overtime hour
worked.
1) Compensatory time may be accumulated to a maximum of one
hundred -twenty (120) hours. Compensatory time may be taken on an
hour -for -hour basis only with the permission of the Fire Chief, with due
consideration for the request of the employee and particular regard for
the need of the Department. Upon his/her request, any employee
may elect to convert all or a portion of compensatory time to a cash
payment at the employee's premium hourly rate. Any such payment
shall be made on the next regular payday, following the request,
provided the request is made by the end of the previous payroll period.
2) Compensatory time may not be received
time worked during major emergencies
Fire Chief, the City may be eligible for
agency for said cash payment.
in lieu of a cash payment for
when, in the opinion of the
reimbursement from another
-12- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
c. Compensatory Time Paid Off — At the time of any change in the salary
schedule, any accumulated time, which has not been used or paid off, shall
be paid in cash at the premium hourly rate based upon the salary schedule
in effect prior to the change.
3. Callback — Employees who are ordered to return to duty on other than their
regularly scheduled shift shall receive a minimum of two (2) hours compensation
on an hourly basis.
4. Mandatory Standby — Any employee may be placed on "mandatory standby" by
the Fire Chief or his/her designee. Employees on mandatory standby must
remain available for immediate response during the designated standby period.
All personnel placed on mandatory standby shall receive a minimum of two (2)
hours compensation for each twelve (12) hours of off duty standby time or
fraction thereof.
5. Pagers — Recognizing that personal pagers are part of the Fire Department's
business and emergency alerting system, pagers shall be issued and worn only
on a voluntary basis with the exception of members who are placed on
mandatory standby who may be required to wear a personal pager while on such
standby. An employee placed on mandatory standby may voluntarily wear a
pager, and if so, shall receive a minimum of two (2) hours compensation for
each twenty-four (24) hours of off duty standby time or fraction thereof.
Members assigned to special staff or prevention duties and voluntarily receiving
other types of consideration (i.e., twenty-four (24) hour assigned vehicle) may be
required to wear pagers and respond while off duty when within pager call range.
6. Required Training Attendance — An employee who is required to attend a class
or seminar to maintain his/her current position shall have his/her related
expenses paid by the City. When attendance occurs at a time when the
employee is not scheduled to work, he/she shall be compensated on an hourly
basis.
7. Cancellation of Overtime — Any employee who is scheduled to work overtime in
advance of the time set forth for such scheduling in Huntington Beach Fire
Department Organization Manual, Policy D-3 which scheduling is subsequently
cancelled less than seventy-two (72) hours in advance of the commencement of
the scheduled overtime shift, shall receive a minimum of two (2) hours pay on an
hourly basis.
-13- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
8. Court Time:
a. Employees placed on standby for a court appearance involving City
business during other than their scheduled working hours shall receive a
minimum of two (2) hours straight time pay for each morning and/or
afternoon session.
b. Employees appearing in court on City business during other than their
scheduled working hours shall receive a minimum of three (3) hours pay at
time and one half; provided, however, that if such time overlaps with the
employee's scheduled working hours, said premium rate shall be limited to
those hours occurring prior to or after the employee's scheduled work time.
c. Employees shall not receive both standby pay and time and one half pay for
the same court session. An employee who is on standby and reports to
court will be paid in accordance with b. above.
• PaV Out of RParamediG is woFking solely in the GapaGity of a Fare Captain, that individual shall
stall be GOrnpensated at the Fate of pay atteRdant to his/heF GlaSGifiGatien ef
Captain PaFarnediG. When an ank - WheR an ernpleyee in the GlaSSifiGatiOR of Fore Cap in the GlassifiGation of Fire Engin
Par-amediG is working solely On the GapaGity of a Fire Engineer, that individ
shall still be GOmpensated at the -Fate ef pa', 11 1 1 to his/her olaSSifiGation of
be Gernpensated at the r-Ate -Attendant to h;s/heF GlaSSfiGation of Firefighter
ParamediG; provided, however, when he/she volunteers to work as a Firefighter-,
he/she shall _. be_ Gempensated only at the rate attendant to t
m _c_QM..;Q tI n.
Subject to the approval of the Fire Chief or designee, an employee may
voluntarily work in a classification below their rank. Compensation for
hours worked in the lower capacity (voluntarily or ordered) shall be paid at
the employee's regular rate 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.
-14- 11/13/00 5:14 PM
FIRE MOLD
September 27, 2003 through September 24, 2004
F. Shift Exchange/Relief:
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.
G. Assigned Shift Policy — Employees of equal rank shall have the option to change
assigned shifts on an employee for employee basis upon written request to and
approved by the Fire Chief.
H. Minimum Staffing and Filling Vacancies:
Minimum Staffing Levels — The City shall cause apparatus to be staffed with sufficient
employees to assure the safety of employees and the control of risk. For these
purposes, the minimum staffing of apparatus shall be as defined by Policy D-14,
Minimum Staffing and Filling of Vacancies, dated Deoernber1,1 °°-5-, a copy of which
is attached as Exhibit H and incorporated by reference herein:
ARTICLE Vlll — HEALTH AND OTHER INSURANCE BENEFITS
Nip ........
TOMM ■
■
.IV
w����� ��w�i:a.�u u�►��.�� _���. �i� �i: ��i min
-15- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
Monthly Delta
PfemhtnWCUTP4aryHealthMet P-aei#iGafe Der" Delta Care Safeguard V—S1Z
Employee 283.28 165.-06 1-65.86 3699 22:12 16.20 17.58
Only
Employee r,-rpl oyc2
18 361.66 361--66549:1-6:58
Employee UO-37-tl8ccpc476.68
47
6
6
8
.57.5137.22 17.58
",.
��•
ffl•
722
i
_
ORM
am,�
M
W.P.
M
' �i
�_ ��
Lrew..w
-16- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
Month! Delta W
Empkpyee 261-:81 170.01 36.99 22.12 16.20 17.58
Employe e 516.14 31231 70.65 37.61 2916 V.69
One
€mpleyee 631.94 490:96 100.37 57.51 37.2 a7-.58
-
-NIMM -
-
-
..
■-
ti _ ..
-
i%
for 2003,
eXGeedten
. .
inments and GOS
plan
I
-i
-17- 11/13/00 5:14 PM
FIFE MOU
September 27, 2003 through September 24, 2004
- _ ..
..
.. 7. r.■
- -
_
TV
r . .
w7aw
S. _E--
■ ■
• ' . ...
1
• - -
. . .. _ .
-18- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
A. Medical
The city shall continue to make available group health, dental and vision
benefits to all HBFA employees.
B. Eligibility Criteria and Cost
(.City Paid Medical Insurance — Employees and Dependents
The City shall pay for medical insurance for qualified employees and
dependents, effective the first of the month following one month of
continuous service as a permanent employee.
-19- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
2. Year 2004 Health and Other Insurance Benefit Premiums, Employe
Contribution, and Employee Contribution
a. Monthly Premiums
January 1, 2004 through June 30, 2004.
7-
Cit ik
-He alth
Delt
VSR"',
Monthly
a
,Dental
:'�Pr Vision"
4
POS
HMO
(PPO)1
(HMO)
$481.40
$312.76
$51.18
$24.38
$18.07
EE
951.96
685.31
97.86
41.46
18.07
SE
EE + r morie,�
1,165.54
903.25
138.83
63.40
18.07
Effective July 1, 2004 the City Plan POS and Health Net HMO will not
be available to HBFA represented employees.
July 1, 2004 through December 31, 2004.
Blue Shiell
Blue"Weld
Blue ',5'Shield ,
Monthl yi,
AoA,
High' opt ion,,�,,
A
L'o'W"Gotion
,,Blue Shield;:;
PeribanedU',
PPO
90 10 PPO
OF I
480/20 PPO
VWO il
,
eHMO
A
4 EE
$329.42
$366.21
2
$32.32
$253.46
$270.75
EEP+ 1 5""
721.43
802.01
705.88
555.06
592.94
EE t,2, or,.rriore
948.72
1,047.37
921.84
724.87
779.76
Deft"
VS
M
W bentW%
Q Dental'
Premium"""Vision
(PPO)�
(HMO
$51.18
$24.38
$18.07
'A
97.86
41.46
18.07
E or more'j
138.83
1 63.40
18.07
-20- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
b. Employer Contribution
The City's maximum monthly employer contribution for health and
other insurance premiums are set forth in the charts below.
January 3, 2004 through March 26, 2004.
Monthly
city;
Health
Delta
Delta
Employer
Plan
,,Net
Dental
Dental,
Contribution
Peos
(PRO
(HMO)Vision
EE
$429.93
$330.19
$42.88
$23.00
$17.58
EE
758.41
611.67
81.82
39.11
17.58
EE, 2 or more
907.50
776.34
116.36
59.81
17.58
March 27, 2004 through June 18, 2004.
,- Monthly
City
Health -
D61ta
Delta
VSP'
Er7floyer
Plan-,,
Net,,ii,,
Den tal
'efita- I
6'
ContributionPOS"
'
ppo)
(HM
Visiph
EE
$373.77
$274.03
$42.88
$23.00
$17.58
EE +
702.25
555.51
81.82
39.11
17.58
EEf+ 2 or more
851.34
720.18
116.36
59.81
17.58
Effective July 1, 2004 the City Plan POS and Health Net HMO will not
be available to HBFA represented employees.
-21- 11/13100 5:14 PM
FIRE MOLD
September 27, 2003 through September 24, 2004
June 19, 2004 through December 31, 2004.
W Mo nthly -A
-Blue Shield
Blue Shield
Blue Shield,
'-,T"kaiser
EMpIpy r
Safety Only
High
Low Option
Blue,,Shidid
Permanent
Contrib ti
Contribution
PPO
Optior�0�"`
80120
HMO
440
6" MO
wl 0 P PO
EE
$373.77
$373.77
$373.77
$274.03
$274.03
EE + I A
702.25
702.25
702.25
555.51
555.51
"'o
EE + i"qr more,,
851.34
1 851.34
1 851.34
1 720.18
1 720.18
Monthly,;;
Delta
Delta
'SP
Emp! r
Dental
Dent
Contribution: aPl
(PPO)(HMO)
Vision
EE
$42.88
$23.00
$17.58
EE + 1
81.82
39.11
17.58
EE + iar' morq"",
116.36
59.81
17.58
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. Employee Contributions
The employee paid contributions translate to the following on a monthly
basis:
January 3, 2004 through March 26, 2004:
Monthly
city,
Health
Delta
0
VS
Employee.
Plan
Net
Dental
Dental,`,
Contribution',
P Sz(HMO).
HMO
(PPO)
Vision""U"
EE
$51.47
$0.00
$8.30
$1.38
$0.49
;;EE + 1 K
193.55
73.64
16.04
2.35
0.49
EE +'2'or more,..
258.04
126.91
22.47
3.59
0.49
-22- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
March 27, 2004 through June 18, 2004:
M"V
konthy y
Delta
Delta-'- ,
Employee:..
Plan,,"
Net
a[
Dent
Dental
,
' V%QJ 0IF
Gontr butionw '
POS
HMO
(HMO)
Vision -EE
$107.63
$38.73
$8.30
$1.38
$0.49
EE + 1
249.71
129.80
16.04
2.35
0.49
EE +,2,,or more,
314.20
183.07
22.47
3.59
0.49
Effective July 1, 2004 the City Plan POS and Health Net HMO will not be
available to HBFA represented employees.
June 19, 2004 through December 31, 2004:
Monthly,
Blue Shield
Blue
BI 4,"Shield
Blue Shield
-6
a
Kaiser
�ploy e
_Safety Only
h
Low Option
BluerShield
Permanent
Contribution
PPO
Option
6/20 PPO
HMO
-HM
e',
90110 PPO
A
,ry
EE,,0,,
$0.00
$0.00
$0.00
$0.00
$0.00
-,,EE +4�,,,
19.18
99.76
3.63
0.00
37.43
2,
EE`+'2 or more
1 97.38
196.03
1 70.50
4.69
59.58
""'Delta
L
'Ddli
VSP
Employee,,
Dal
77"t
De tA 11
,;C ntribution
(PPO)
(HMO),,,,
Vision
Et
$8.30
$1.38
$0.49
EE +
16.04
2.35
0.49
EE`�t -2 or more,
22.47
3.59
0.49
-23- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
The employee paid contributions translate to the following on a
bi-weekly (per paycheck) basis:
January 3, 2004 through March 26, 2004:
WW-eeki
city
H
Health
Delta,
Delta
VSP
Employee
Plan�,�
et
Dental'
Contribution
on
pOS,
HMO
'Dental
HMO)
Visip",
EE
$23.76
$0.00
$3.83
$0.64
$0.23
","EE +
89.33
33.99
7.40
1.08
0.23
EE +' 2 or more
119.10
58.57
10.37
1.66
0.23
March 27, 2004 through June 18, 2004:
Bi-Week!"'
City
Health
Delta .. . -ze"."',
Delta
SP-
Employee
Plah"
e t
Dental
Dental
ontributio n
Pos",,",
14MO
0)
(HMO)
Vision
E
$49.68
$17.88
$3.83
$0.64
$0.23
E
115.25
59.91
7.40
1.08
0.23
6
EE + 2 or more'!,
145.02
84.49
10.37
1.66
0.23
Effective July 1, 2004 the City Plan POS and Health Net HMO will not be
available to H13FA represented employees.
June 19, 2004 through December 31, 2004:
Blue '
BlueBf6
e
Bi,-Weekl
Shield
Shield
Shield
Blue
Kaiser,,
ploy,
Errtty
Safe
High,%'
Low .
. ...... ��Shield
p q1,nt1,.
P, Permanent
Contribution
-Only
',�,Optildn-
Option ,
HMO
e HM
-
90/10 P
80120 PPO -
EE
$0.00
$0.00
$0.00
$0.00
$0.00-
EE + It
8.85
46.04
1.68
0.00
17.28
EE"+ 2 or
More
44.94
90.48
32.54
2.16
1 27.50 1
-24- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
Xl Bi-W6ekly
Delta
Delta
VSP
Employee
Dental
Dental
Contrittition;
{PP,)
O
{ HM)
1/ision
".
EE
$3.83
$0.64
$0.23
EE + 1 v
7.40
1.08
0.23
EE' + 2 or, more
10.37
1.66
0.23
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 2004 level.
Until the City Council approves a successor to this Memorandum -of -
Understanding, the city's 2004 contribution caps will remain in place in 2004
and beyond, even if premium increases result in these additional costs being
borne by the employee.
D. 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 Administrative Services
Department), 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.
E. Section 125 Plan
This plan allows employees to use pre-tax salary to pay for regular childcare,
adult dependent care and/or medical expenses.
F. Life and Accidental Death and Dismemberment:
1. Life — The City shall provide a Life Insurance plan for the employees
covered by this MOU. The coverage amounts shall be based on the
age/wage schedule list in the certificate of coverage. Copies of the
certificate of coverage are available in the Administrative Services
Department.
2. Accidental Death and Dismemberment — The City shall provide an
Accidental Death and Dismemberment Insurance plan for employees
covered by this MOU. Said plan shall have a benefit amount of fifty
thousand dollars ($50,000).
-25- 11/13/00 5:14 PM
FIRE MOIL
September 27, 2003 through September 24, 2004
G. Long Term Disability — The City shall pay to the Association on behalf of each
employee covered by this MOU, on a monthly basis, an amount not to exceed
thirty-eight dollars ($38.00) per member for a Long Term Disability policy. The
program shall be subject to the terms and conditions contained in Exhibit F.
H. 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 City sponsored health insurance plans until the first of the month
in which they turn age sixty-five (65).
The retiree shall pay the full premium for City sponsored 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 sponsored
medical insurance upon retirement, permanently lose eligibility for this
insurance.
However, if a retiree who is not eligible for the City's Retiree Subsidy Medical
Plan chooses not to participate in city sponsored medical insurance plans
because the retiree has access to other group medical insurance, and
subsequently loses eligibility for that group medical insurance, the retiree and
their qualified dependents will have access to city sponsored medical insurance
plans reinstated.
Eligibility for Retiree Medical Coverage terminates the first of the month in
which the retiree or qualified dependent turns age sixty-five (65).
I. Post-65 Supplemental Medicare Coverage
Retirees who are participating in the Retiree Subsidy Medical Plan as of January
1, 2004 and all future retirees who meet the criteria to participate in City
sponsored medical insurance, with or without the Retiree Medical Subsidy Plan,
may participate in City sponsored medical insurance plans that are
supplemental to Medicare, after a contract is in place between the City and a
health insurance provider.
A retiree or qualified dependent must choose to participate in City sponsored
medical insurance plans that are supplemental to Medicare beginning the first
of the month in which the retiree or qualified dependent turns age sixty-five (65).
-26- 11/13/00 5:14 PM
FIRE M®U
September 27, 2003 through September 24, 2004
The retiree shall pay the full premium to participate in City sponsored medical
insurance plans that are supplemental to Medicare for themselves or qualified
dependents without any City subsidy.
Retirees or qualified dependents, upon turning age 65, who choose not to
participate in City sponsored medical insurance plans that are supplemental to
Medicare permanently lose eligibility for this insurance.
J. Miscellaneous:
1. Nothing in this Article shall be deemed to restrict the City's right to change
insurance carriers should circumstances warrant. Notwithstanding the
above, the Association has the right to select public Employees' Medical
and Hospital Care Act (PEMI-ICA) 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.
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.
-27- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
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%2% 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 20952.5 and
2125 of the California Government Code, including the one-half
continuance option (Government Code Sections 21263 and 21263.1) 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 of the California Government Code.
a. €#eGtave-en er before I� �ri302001, the City shall amend its GontraGt with
PERSimplement the"T/ at age till" TetiTemont formula cot forth in
California Government Code Con _ ` 6'�or all safety employees
crrmTc�-rr--vva�vcc �
Tenp; everted by the T sSeGiati•,zrvn At the present times d upon aGtu
PERS,studies GondUGted by
the Gity is not required to make any retirement,
GentFibutiens with respeGt to employees represented by the ASSOGiation—. 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.
b. The City shall contract with PERS to have retirement benefits calculated
based upon the employee's highest one year's compensation, pursuant to
the provisions of Section 20024.2 (highest single year).
c. The obligations of the City and the retirement rights of employees as
provided in this Article shall survive the term of this MOU.
-28- 11/13/00 5:14 PRO
FIRE MOU
September 27, 2003 through September 24, 2004
2. Self -Funded Supplemental Retirement Benefit:
a. In the event a member elects Option #2 (Government Code Section 21333)
or Option #3 (Government Code Section 21334) of the Public Employees'
Retirement Law, the City shall pay the difference between such elected
option and the unmodified allowance which the member would have
received for his/her life alone. This payment shall be made only to the
member, shall be payable by the City during the life of the member, and
upon that member's death, the City's obligation shall cease. The method of
funding this benefit shall be the sole discretion of the City. This benefit is
vested for employees covered by this MOU. (Note: The options provide
that the allowance is payable to the member until his/her death, and then
either the entire allowance (Option #2) or one-half (1/2) of the allowance
(Option #3) is paid to the beneficiary for life.) Nothing in this Article shall be
deemed to restrict the City's right to contract with PERS for the benefits
provided under this Article.
b. Employees hired on or after October 4, 1999, shall not be eligible for the
"Supplemental Retirement Benefit" referenced in Article IX.A.2 above.
3. Medical Insurance for Retirees:
a. Upon retirement, whether service or disability, each employee shall have the
following options in regards to medical insurance under City sponsored
plans:
1) With no change in benefits, retirees can stay in any of the plans
offered by the City, at the retiree's own expense, for the maximum
time period required by Federal Law (COBRA), or
2) Early retirees (under age 65) may participate in the city -sponsored
health Retiree Medical . laR or Dither of the HMO plans currently being
offered to active employees fet+rees.
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
-29- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
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).
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.
-30- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
..
T •
3. Reporting of Base Salary — Provisions of the Level Pay plan, Article VILC, 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 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:
-31- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
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 to the GOrnpletion o
nineteen (19) years of nentinuo us sen,ine, 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 and his/her designee,
who shall schedule all vacations with due consideration for the request of
the employee and particular regard for the need of the Department.
The Fire Department operates on a three -shift basis, with personnel being
assigned to either the "A, B or C" Shift for work scheduling purposes. On
each such shift, there shall be four (4) available vacation absences (referred
to as "vacation slots"). That is, at any one time, there may be four (4)
-32- 11/13/00 5:14 PM
FIDE MOU
September 27, 2003 through September 24, 2004
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 its 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.d. of this Article,
no employee shall be paid for unused vacation other than upon termination
of employment, at which time said terminating employee shall receive
compensation at his/her current salary rate for all unused, earned vacation
to which he/she is entitled up to and including the effective date of his/her
termination.
2. Sick Leave:
a. Accrual — The conversion factor for sick leave accrual shall be in
accordance with Rule 18-9 of the City's Personnel Rules. Employees
covered by this MOU shall accrue sick leave at the rate of 3.6923 hours per
pay period for 40-hour week employees, and 5.1691 for fifty-six hour (56)
week employees. Paychecks will identify the accrued sick leave (Accrued)
and accrual rate (Constant) based on their actual work schedule, either a
forty (40) hour or fifty-six (56) hour schedule. In the event of a change in
work schedules, personnel will have their accrued sick leave (Accrued) and
accrual rate (Constant) changed to the new schedule using the conversion
factor .7143. Personnel who change from a fifty-six hour (56) schedule to a
forty (40) hour schedule shall multiply their accrual rate by .7143, (see
Exhibit G). Personnel who change from a forty (40) hour schedule to a fifty-
six (56) hour schedule shall divide their accrual rate by .7143.
b. Pay -Off at Termination — Upon termination for reasons other than for
industrial disability retirement, employees shall have their accrued vacation
and sick leave converted to the forty (40) hour rate and then shall be paid
(or have paid on their behalf as provided in Article IX.A.3.b) at their current
-33- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
forty (40) hour salary rate for twenty-five percent (25%) of unused, earned
sick leave from four hundred -eighty (480) through seven hundred -twenty
(720) hours, and for fifty percent (50%) of all unused, earned sick leave for
hours in excess of seven hundred -twenty (720) hours.
Upon termination for industrial disability retirement, all employees shall have
their accrued vacation and sick leave converted to the forty (40) hour rate,
and then shall be paid (or have paid on their behalf as provided in Article
IX.A.3.b) at their current forty (40) hour salary rate for twenty-five percent
(25%) of unused, earned sick leave from zero (0) through four hundred -
eighty (480) hours, and for fifty percent (50%) of all unused, earned sick
leave in excess of four hundred -eighty (480) hours.
c. Utilization in Conjunction with Industrial Disability Leave — Sick leave cannot
be used to extend absences due to work related (industrial) injuries or
illnesses.
3. Family Sick Leave:
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 will provide family and medical care leave for eligible employees
that meet all requirements of State and Federal law. Rights and
obligations are set forth in the Department of Labor Regulations
implementing the Family Medical Leave Act (FMLA), and the regulations of
the California Fair Employment and Housing Commission implementing
the California Family Rights Act (CFRA).
E Authorization — The Fire Chief may authorize an employee to charge
additional sick leave for family sick leave in the event of serious illness of an
employee's dependent(s), where warranted by the circumstances.
4. Bereavement — Employees shall be entitled to bereavement leave not to exceed
two (2) work shifts for those employees on the twenty-four (24) hour work
schedule, or three (3) work shifts for all other employees in each instance of
-34- 11 /13100 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
death in the immediate family. Immediate family is defined as father, mother,
sister, brother, spouse, children, grandfather, grandmother, stepfather,
stepmother, stepgrandfather, stepgrand mother, grandchildren, stepsisters,
stepbrothers, mother-in-law, father-in-law, brother-in-law, sister-in-law,
stepchildren, or wards of which the employee is the legal guardian.
5. Association Business_— During the term of this MOU, authorized representatives
of the Association shall be entitled to receive up to a total of four hundred (400)
collective hours without any loss of compensation per contract year to be utilized
for lawful Association activities. In addition, up to one hundred -fifty (150) unused
hours may be carried forward to the next contract year.
ARTICLE XI — CITY RULES
A. Personnel Rules - The City and the Association must meet and confer during the term
of this MOU on modifications of the Personnel Rules and/or Departmental Rules.
The City and the Association agree to implement rule changes and accordingly revise
the Personnel Rules as described in Exhibit D.
B. Precedence of Agreement - In any case in which any provision of this Memorandum
of Understanding is inconsistent with any City ordinance, rule, regulation, resolution,
including provisions of any Fire Department Manual, the provisions of this MOU shall
supersede and take precedence.
C. Layoff Rules - The procedure and practice regarding layoffs in effect on July 1,
1980 shall remain in full force and effect during the entire term of this MOU.
ARTICLE XII - MISCELLANEOUS
A. Fire Department Promotional Exams — Policy D-10 — Promotional examinations shall
be held in accordance with the most current Policy D-10 of the Huntington Beach Fire
Department Organization Manual executed by the parties. Policy D-10 may be
modified by mutual agreement of the parties at any time during the term of this MOU.
B. Living Quarters — The City shall provide necessary kitchen, living and sleeping
quarters in several fire stations and shall continue to provide facilities for Association
meetings.
C. Paychecks:
1. Bi-Weekly Pay — Salary shall be paid on a bi-weekly basis. By mutual consent of
the City and the Association, early payment and other modifications may be
made.
-35- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
2. Paycheck Distribution — Paychecks shall be ready and available for distribution to
each employee by 0700 hours on each payday at the Station 1 — Gothard Fire
Station, except in the case of unforeseen circumstances beyond the control of the
City. A monthly paycheck stub or memorandum accompanying the paycheck
shall contain an itemization of amounts paid under various categories of pay,
including educational incentive pay, holiday pay, and all overtime, and shall also
entail an itemization of the nature and the purpose of each deduction withheld
from the employee's gross earnings.
3. Vacation Paycheck — Each employee shall, at his/her option, by written notice to
the City's Human Resources Manager DirecA ,r of FinanGe, be given at least two
(2) weeks prior to the commencement of said employee's scheduled vacation, be
entitled to receive his/her earned vacation pay, less deductions in advance of said
vacation. Said right to receive advance payment of earned vacation pay shall be
limited to one such advancement during each calendar year.
D. Class "B" Driver License — Employees required by the City to obtain a State of
California Class "B" or Class "B" Firefighter Restrictive Driver License will be
reimbursed for fees paid to the California Department of Motor Vehicles to obtain the
Class "B" Firefighter Restrictive Driver License.
E. Fleet Management Program — Association agrees to the policies and procedures
contained in the 1999 City Fleet Management Program.
G. Deferred Compensation Loan Program — Employees may beg+n utilizeing this
program, under which employees may borrow up to fifty percent (50%) of their
-36- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
deferred compensation funds for critical needs such as medical costs, college tuition,
or purchase of a home.
ARTICLE XIII — MANAGEMENT RIGHTS
Except as expressly abridged or modified herein, the City retains all rights, powers, and
authority with respect to the management and direction of the performance of fire services
and the work forces performing such services. Such rights include, but are not limited to,
determination of the merits, necessity, level or organization of fire services, the necessity for
overtime, number and location of work stations, nature of work to be performed, contracting
for any work or operation, reasonable employee performance standards, including work and
safety rules and regulations, in order to maintain the efficiency and economy desirable for
the performance of City services.
ARTICLE XIV — TERM OF MOU
This Memorandum of Understanding shall be in effect commencing on September 27, 2003
and ending at midnight on September 24, 2004 QGteber 1, 2000, and ending at midnight
on SepternbeF 30, 2. 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.
-37- 11/13/00 5:14 PM
FIRE MOU
September 27, 2003 through September 24, 2004
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 )2004.
IN
CITY OF HUNTINGTON BEACH
A Municipal Corporation
HUNTINGTON BEACH
FIREFIGHTER'S ASSN.
William P. Workman Fredrick C. Fee
Assistant City Administrator HBFA President
By:
Clay Martin Robert L. Glenn
Director of Administrative Services Vice -President
Bruce A. Barsook
Chief Negotiator
APPROVED AS TO FORM
Jennifer McGrath
City Attorney
Stephen H. Silver
Chief Negotiator
-38- 11/13/00 5:14 PM
EXHIBIT A
CITY OF HUNTINGTON BEACH
EMPLOYER -EMPLOYEE RELATIONS RESOLUTION
7.3 Human Resources Officer Motion of Unit Modification — The Human Resources
Officer may propose, during the same period for filing a Petition for Decertification, that an
established unit be modified in accordance with the following procedure:
a. The Human Resources Officer shall give written notice of the proposed unit
modification to all employee organizations that may be affected by the proposed change.
Said written notification shall contain the Human Resources Officer's rationale for the
proposed change including all information which justifies the change pursuant to the criteria
established in Section 6-5 for Appropriateness of Units. Additionally, the Human Resources
Officer shall provide all affected employee organizations with all correspondence,
memoranda, and other documents which relate to any input regarding the unit modification
which may have been received by the City or from affected employees and/or sent by the
City to affected employees;
b. Following receipt of the Human Resources Officer's proposal for unit
modification, any affected employee organization shall be afforded not less than thirty (30)
days to receive input from its members regarding the proposed change and to formulate a
written and/or oral response to the motion for unit modification to the Personnel
Commission;
C. The Personnel Commission shall conduct a noticed Public Hearing regarding
the motion for unit modification at which time all affected employee organizations and other
interested parties shall be heard. The Personnel Commission shall make a determination
regarding the proposed unit modification which determination may include a granting of the
motion, a denying of the motion, or other appropriate orders relating to the appropriate
creation of bargaining units. Following the Personnel Commission's determination of the
composition of the appropriate unit or units, it shall give written notice of such determination
to all affected employee organizations;
d. Any party who chooses to appeal from the decision of the Personnel
Commission is entitled to appeal in accordance with the provision of Section 14-4 of
Resolution Number 3335.
-39- 6/1/2004 2:43 PM
EXHIBIT B
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE
Effective September 27, 2003
40-Hour Rate
Job
Code
Classification
Range
A
B
C
D
E
0229
Firefighter
475
23.30
24.58
25.93
27.36
28.86
0160
Fire Engineer
506
27.19
28.69
30.27
31.94
33.70
0226
Firefighter Paramedic
506
27.19
28.69
30.27
31.94
33.70
0227
Fire Protection Specialist
515
28.45
30.01
31.66
33.40
35.24
0101
Fire Captain
530
30.66
32.35
34.13
36.01
37.99
0100
Deputy Fire Marshal
552
34.22
36.10
38.09
40.18
42.39
56-Hour Rate
Job
Code
Classification
Range
A
B
C
D
E
0229
Firefighter
475
16.64
17.55
18.52
19.54
20.61
0160
Fire Engineer
506
19.42
20.49
21.62
22.81
24.07
0226
Firefighter Paramedic
506
19.42
20.49
21.62
22.81
24.07
0227
1 Fire Protection Specialist
515
20.32
21.44
22.61
23.86
25.17
0101
Fire Captain
530
21.90
23.11
.24.38
25.72
27.13
0100
Deput Fire Marshal
552
24.44
25.79
27.21
28.70
30.28
-40- 6/1/2004 2:43 PM
mill
BEEN
M.1
I I I
MEE
I
I U-1
- M-
I-• M.
•
WIS.
1-21-6.
WE/r
/ 11
11
Ir
1�
ME,
2.1-69M.-
M..
sm
a-mol
Eel
EXHIBIT C
RETIREE SUBSIDY MEDICAL PLAN
An employee who has retired from the City shall be entitled to participate in the City sponsored
medical insurance plans and the City shall contribute toward monthly premiums for coverage in
an amount as specified in accordance with this plan, provided:
A. At the time of retirement the employee has a minimum of ten (10) continuous years of
regular (permanent) Eentinuous City service 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. During any period the retired employee is eligible to receive or receives health
insurance coverage at the expense of another employer, the payment will be
suspended. "Another employer," as used herein, means private employer or
public employer or the employer of a spouse. As a condition of being eligible to
receive the premium contribution as set forth in this plan, the City shall have the
right to require any retiree to annually certify that the retiree is not receiving or
eligible to receive any such health insurance benefits from another employer. If
it is later discovered that a misrepresentation has occurred, the retiree will be
responsible for reimbursement of those amounts inappropriately expended and
the retiree's eligibility to receive further benefits will cease.
2. On the first of the month in which a retiree or dependent reaches age 65 or on
the date the retiree or dependent can first apply and become eligible,
automatically or voluntarily, for medical coverage under Medicare (whether or not
such application is made), the City's obligation to pay monthly premiums may be
adjusted downward or eliminated. Benefit coverage at age 65 under the City's
med+eal sponsored medical insurance plans shall be governed by applicable
plan document.
-Ilia-
.III low IM._
MR r -
4. In the event of the death of any employee, whether retired or not, the amount of
the retiree medical insurance subsidy benefit which the deceased employee was
-44- 6/1/2004 2:43 PM
EXHIBIT C - Continued
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)famol for a period not to exceed twelve (12) months.
R R 1011"I "M 21M K WX n M.N. ._
INOW.N. NOW 1.1 F=
._W.A. NOW
- ��.l r.1 2-121-mr"242 IN
._ -
DS. 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.
EC. 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 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 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:
-45- 11/13/00 5:14 PM
EXHIBIT C - Continued
Maximum Monthly Payment
for Retireesments After:
Years of Service 10/1/92
10
$ 121
11
136
12
151
13
166
14
181
15
196
16
211
17
226
18
241
19
256
20
271
21
286
22
300
23
315
24
330
25
344
22MARTMO
IN
..22,22.
EA. 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 Pew nil 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.
-46- 11/13/00 5:14 PM
EXHIBIT C - Continued
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
sponsored health insurance Plan Eeverage. 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 Retiree Subsidy Meth,.. 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 er
greate per person.
4) Major medical benefits are paid at 60% or less of covered
expenses in network.
b. The City Administrator or designee pick ManaW 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 (FAA.a.) above.
c. Miscellaneous Provisions:
1) Benefits provided under the city -sponsored medical
insurance plan Retiree Subsidy Medical 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 Risk ManaW.
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 subsidy reinstated for the purchase of city
sponsored health insurances regain Retiree -Subsidy Medical Plan
Eeverage.
-47- 11/13/00 5:14 PM
EXHIBIT C - Continued
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.
8. When a retiree is under 65 and his/her spouse is over 65, the spouse is not
covered.
G3. 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.
HS. Subsidies:
1. The subsidy payments will pay for:
a. City sponsored health insurance plans for eligible retirees Retiree
Subsidy Me dinal DlaR
bE. Part A of Medicare for those retirees not eligible for paid Part A.
2. Subsidy payments will not pay for:
-48- 11/13/00 5:14 PM
EXHIBIT C - Continued
a. Part B Medicare.
c. Any other city sponsored ernpleyee benefit plan.
d. Any other commercially available benefit plan.
e. Medicare supplements
ID. Medicare:
1. All persons are eligible for Medicare coverage at age 65. Those with
sufficient credit quarters of Social Security will receive Part A of Medicare at
no cost. Those without sufficient credited quarters are still eligible for
Medicare at age 65, but will have to pay for Part A of Medicare if the
individual elects to take Medicare. In all cases, Part B of Medicare is paid
for by the participant.
2. When a retiree and his/her spouse are both 65 or over and neither is
eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each
of them or the maximum subsidy, whichever is less.
3. When a retiree at age 65 is eligible for paid Part A of Medicare and his/her
spouse is not eligible for paid Part A, the spouse shall not receive subsidy.
When a retiree at age 65 is not eligible for paid Part A of Medicare and
his/her spouse who is also age 65 is eligible for paid Part A of Medicare, the
subsidy shall be for the retiree's Part A only.
E. Cancellation:
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.
-49- 11/13/00 5:14 PM
EXHIBIT C - Continued
If such retiree was covering dependents under the Plan, dependents
will be eligible for COBRA continuation benefits effective as of the
Fetiree's 6 5th birthday 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.
-50- 11/13/00 5:14 PM
CITY OF HUNTINGTON BEACH
PESONNEL RULE CHANGES
A. Personnel Rules
The City and the Association agree to implement the following rules and accordingly
revise the Personnel Rules as described herein:
1. Rule 5 — Recruitment and Examination Procedure
a. 5-4 — Order of Certification
Whenever certification is to be made, the eligibility lists, if active and not
exhausted, shall be used in the following order:
1) Re-employment list
2) Promotional list
3) Employment List
If fewer than five (5) names of persons willing to accept appointment are on
the list from which certification is to be made, then additional eligibles shall be
certified from the various lists next lower in order of preference until five (5)
names are certified. If there are fewer than five (5) names on such lists, there
shall be certified the number thereon. In such case, the appointing authority
may demand certification of five (5) names and examinations shall be
conducted until five (5) names may be certified. In the event the appointing
authority does not choose to appoint from the five (5) names certified, a new
examination may be requested. In the event another examination is
conducted, those names shall be merged with others already on the list in
order of scores. (This paragraph shall be subject to the most current Policy D-
10 of the Huntington Beach Fire Department Organization Manual executed by
City and Huntington Beach Firefighters Association.)
b. 5-14 — Promotional Exams
Promotional examinations may be conducted whenever, in the opinion of the
Human Resources Officer, after consultation with the department head, the
need of the service so requires; provided, however, a promotional examination
may not be given unless there are two (2) or more candidates eligible. Only
employees who meet the requirements for the vacant position may compete in
promotional examinations. Promotional examinations may include any of the
selection techniques, or any combination thereof, mentioned in Section 5-13.
Additional factors including, but not limited to, performance rating and length of
service may be considered. A promotional employment list shall be established
after the administration of a promotional examination, and such list shall
contain the name(s) of those that passed the examination.
2. Rule 7 — Discipline
-51- 6/1/2004 2:43 PM
1':*A' 1-.11 �7
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES - Continued
a. 7-2 — Causes for Discipline
12) Possession, use or sale of illegal narcotics or habit-forming drugs, while
on -duty or on City property.
14) Conviction of any felony or a misdemeanor with a job nexus. A plea or
verdict of guilt, or a conviction following a plea of nolo contendere, is
deemed to be a conviction within the meaning of this section.
15) Participating in an unlawful strike, work stoppage, slowdown, or using or
attempting to use sick leave to accomplish the same purpose as a
strike, work stoppage, or slowdown.
3. Rule 8 — Termination
a. 8-3 — Layoff in Accordance with Length of Service
The City and the Association agree that the first sentence in Personnel Rule 8-
3 shall be modified to read as follows: Layoff shall be made in accordance
with the relative length of the last period of continuous service of the
employees in the class of layoff, provided, however, that no permanent
employee shall be laid off until all temporary, acting and probationary
employees in the competitive service holding positions in the same class are
first laid off.
b. 8-11 — Re -Employment
With the approval of the Human Resources Officer, an employee who has
resigned in good standing from the competitive service may be re-employed to
his/her former position, if vacant, or to a vacant position in the same or
comparable class within one (1) year from date of resignation in accordance
with Rule 5-21. If such re-employment commences within ninety (90) days of
the effective date of resignation, the employee shall not be considered a new
employee for vacation and seniority purposes.
4. Rule 12 — Classification Plan
a. 12-10 —Temporary Employees
Employment on a basis other than permanent or probationary to a
permanently budgeted position not to exceed one thousand hours (1000) in
any twelve (12) month period. Employees occupying temporary positions shall
not be included in the competitive service and shall not be subject to these
rules and regulations.
-52- 11/13/00 5:14 PM
EXHIBIT D
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES e Continued
5. Rule 14 — Additional Pay and Pay Adiustments
a. 14-6 — Salary Advancements to Meet Recruitinq Problems or to Give Credit for
Prior Service. Application for Other Advancements
The Department Head, through the Human Resources Officer and with the
approval of the City Administrator, may make an appointment at any step
above the minimum salary rate to classes or positions in order to meet
recruiting problems to obtain a person who has extraordinary qualifications, to
or to give credit for prior city service in connection with appointments,
promotions, reinstatements, transfers, reclassifications, or demotions. Salary
adjustments within the salary range for the class, other than merit salary
adjustments authorized by Section 14-1, may be approved by the City
Administrator, upon recommendation of the department head through the
Human Resources Officer. Such recommendation shall include the reason(s)
for the adjustment, whether the advancement is to be permanent or temporary,
and an effective date.
6. Rule 18 — Attendance and Leaves
a. 18-16 — Industrial Accident Leave
In the event a permanent employee, who is a miscellaneous member of the
Public Employees' Retirement System (PERS), is temporarily totally disabled
as a result of an injury or illness arising out of and in the course of employment
and covered by the State of California Workers' Compensation Insurance and
Safety Act, resulting light duty assignments due to the injury or illness or
absences from work shall be considered Industrial Accident Leave as that term
is defined by this rule.
A permanent employee eligible for Industrial Accident Leave shall receive
compensation from the City in an amount equal to the employee's regular rate
of salary during such period of temporary total disability. Benefits received
under this rule shall be in lieu of statutory Workers' Compensation benefits.
Industrial Accident Leave shall continue during all absences resulting from the
injury or illness, including those absences attributable to doctor's
appointments, therapy, or other follow-up medical visits, but in no case
exceeding one (1) year of accumulated absences attributable to the same
injury or illness. In the event an employee is temporarily, totally disabled by
coinciding qualifying injuries or illnesses, periods of absences shall be applied
concurrently to all qualifying injuries or illnesses.
Industrial Accident Leave compensation shall begin on the first day an eligible
employee is absent due to a qualifying injury or illness as defined above.
Industrial Accident Leave compensation will terminate on the earliest of the
following:
-53- 11/13/00 5:14 PM
EXHIBIT D
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES - Continued
1) The date upon which the injury or illness giving rise to eligibility for
compensation under this rule is declared permanent and stationary by a
treating or examining physician; or
2) The date PERS approves an application for disability retirement benefits
filed by the employee or by the City; or
3) The employee receives thirty (30) days advance notice and refuses to
submit to a medical examination ordered by PERS pursuant to
Government Section 21154 or otherwise refuses to cooperate with PERS
in determining whether the employee is incapacitated for the performance
of duty; or
4) The employee receiving Industrial Accident Leave Compensation applies
for service -connected retirement benefits; or
5) The employment of the affected employee is otherwise separated.
If an injured worker remains temporarily disabled after receiving one (1) year of
Industrial Accident Leave for accumulated absences or light duty work
attributable to the same injury or illness, the employee will receive temporary
total disability benefits as specified by the State of California Workers'
Compensation Insurance and Safety Act. Any period of time during which an
employee is absent from work by reason of injury or illness for which he or she
is entitled to receive Industrial Accident Leave compensation will not constitute
a break in continuous service for the purposes of salary adjustments, sick
leave, vacation accruals, and length of service computation.
In the event an employee who is receiving or has received Industrial Accident
Leave compensation makes a claim or initiates legal action against a third
party for allegedly causing or contributing to the injury or illness resulting in the
inability to work, the employee is required to notify in writing the City's Risk
Management Division of the claim or commencement of such action within ten
(10) days of the claim or such commencement. The City retains its rights of
subrogation in all such instances.
-54- 11/13/00 5:14 PM
WN8 11-.112�7
CITY OF HUNTINGTON BEACH
PERSONNEL MULE CHANGES - Continued
b. 18-19 — Maternity Leave
The City and the Association agree to modify the present Personnel Rule 18-
19 Maternity Leave to read as follows: "A permanent employee shall be
entitled to a leave of absence without pay due to inability to work due to
pregnancy. The employee will be entitled to use available sick leave during this
period. Said leave must be requested in writing from the Department Head and
must include written notification from the employee's physician stating the last
day the employee may work and the estimated duration of leave. The
employee must obtain written authorization to return to work from the attending
physician. Said authorization must be filed with the Department Head and the
Human Resources Officer."
C. 18-20 — Leave of Absence without Pay
The City and the Association agree that the following sub -paragraph "C" shall
be added to Personnel Rule 18-20. Leave of Absence without Pay: Leave of
absence without pay, for medical disability reasons, shall be restricted to six
(6) months.
7. Rule 19 — Grievance Procedure Non -Disciplinary Matters
a. 19-5 Grievance Procedure
1) Step 4 — City Administrator
If the grievance is not settled under Step 3, the grievance may be
presented to the City Administrator in accordance with the following
procedure: Within fifteen (15) days after the time the decision is
rendered under Step 3 above, a written statement of the grievance shall
be filed with the Human Resources Officer who shall act as hearing
officer and shall set the matter for hearing within fifteen (15) days
thereafter and shall cause notice to be served upon all interested
parties. The Human Resources Officer, or his/her representative, shall
hear the matter de novo and shall make recommended findings,
conclusions and decision in the form of a written report and
recommendation to the City Administrator within five (5) days following
such hearing. The City Administrator may, in his/her discretion, receive
additional evidence or argument by setting the matter for hearing within
ten (10) days following his/her receipt of such report and causing notice
of such hearing to be served upon all interested parties.
Within five (5) days after receipt of report, or the hearing provided for
above, if such hearing is set by the City Administrator, the City
Administrator shall make written decision and cause such to be served
upon the employee or employee organization and the Human
Resources Officer.
-55- 11/13/00 5:14 PM
EXHIBIT D
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES - Continued
2) Step 5 — Personnel Commission Hearing
Hearing. As soon as practicable thereafter, the Human Resources
Officer shall set the matter for hearing before a hearing officer either
selected by mutual consent of the parties or from a list provided by the
Personnel Commission. Ratification of the hearing officer selected by
mutual consent of the parties, if from a list approved by the Personnel
Commission, shall not require separate approval or ratification by the
Personnel Commission. The hearing officer shall hear the case and
make recommended findings, conclusions and decision in the form of a
written report and recommendation to the Personnel Commission. In
lieu of the hearing officer process, the Personnel Commission may
agree to hear a case directly upon submission of the case by mutual
consent of the parties.
Rule 20 — Disciplinary Procedure and Appeal
a. 20-1 — Purpose
The purpose of this rule is to provide a procedure for recommending and
imposing discipline against City employee, and a means by which an
employees may administratively appeal any such disciplinary action.
b. 20-2 — Disciplinary Procedures
1) Notice of Proposed Adverse Action
For disciplinary demotions, suspensions or dismissals, an employee
shall be served a written Notice of Proposed Adverse Action by the
employee's department head, or his/her designee, or by certified mail,
prior to the proposed disciplinary action taking effect. The notice shall
state the reasons for and charges upon which the proposed action is
based, and the effective date of the action, the right to respond and the
employer's right to representation. A copy of all materials upon which
the proposed action is based shall be attached to the notice.
2) Employee's Right to Respond
The employee shall be given a minimum of ten (10) calendar days to
respond orally and/or in writing, at the employee's option, to the charges
upon which the proposed action is based. The employee's response
shall be made to and/or before his/her department head.
3) Time Off
The employee shall be given reasonable time off with pay to attend
disciplinary meetings.
4) Final Notice of Decision
-56-
11/13/00 5:14 PM
WM�
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES - Continued
After an employee has responded to or waived his/her right to respond
to the proposed adverse action, the employee shall be served with a
final Notice of Decision from his/her department head. The final written
Notice of Decision shall state whether or not the proposed action shall
be taken or modified, the reasons therefor and the effective date of the
action.
c. 20-3 — Appeal to Personnel Commission
Disciplinary action involving the dismissal, suspension, demotion or other
authorized reduction in pay may be appealed to the Personnel Commission for
de novo hearing and final determination in accordance with the following
procedure:
1) Request for Appeal
Within five (5) days (10 days for 56 hour per week employees) after the
employee's receipt of a final Notice of Discipline, a request for an
appeal to the Personnel Commission shall be submitted to the Human
Resources Officer.
2) Hearing
As soon as practicable thereafter, the Human Resources Officer shall
set the matter for hearing before a hearing officer. The hearing officer,
selected in accordance with Rule 21-7, shall hear the case without the
Board and shall make recommended findings, conclusions and decision
in the form of a written report and recommendation to the Commission.
3) Final Decision
The Commission shall consider the written report and recommendations
of the hearing officer and after due deliberation in executive session,
shall render a decision in the matter which shall be final and binding on
all parties, and from which there shall be no further administrative
appeal.
d. 20-4 — Supplemental Hearing by Personnel Commission
1) The Commission may, in its sole discretion, after it has received the
written report and recommendation of the hearing officer, set the matter
for private hearing for the purpose of receiving additional evidence or
argument. In the event the Commission sets a private hearing for such
purposes, the Human Resources Officer shall give written notice to all
parties concerned in such matter.
2) The Commission, following a consideration of the hearing officer's
written report and recommendation and deliberation thereon and any
supplemental hearing before the Commission, shall make findings,
-57- 11/13/00 5:14 PM
EXHIBIT
CITY OF HUNTINGTON BEACH
PERSONNEL RULE CHANGES - Continued
conclusions and decisions which shall be final and binding on all parties
and from which there shall be no further administrative appeal.
e. 20-5 — Employee Status on Pending Appeal
Notwithstanding the provisions of Rule 7, Section 7-4 (Suspension with Pay),
the disciplinary action shall be effective pending an appeal to the Personnel
Commission.
9. Rule 21 — Grievance Procedures - General
a. 21-7. Hearing Officers
The hearing officer provided for in Rules 19 and 20 shall be from a list
provided by the Personnel Commission or one selected by mutual consent of
the parties.
b. 21-12. Time Extension, Grievances
The City and the employee, or employee organization may, by mutual consent,
extend the time periods within which an act must occur in the processing of
grievances.
-58- 11/13/00 5:14 PM
WA211A. km
CITY OF HUNTINGTON BEACH
TILLER CERTIFICATION
Following is the method of application regarding Tiller Certification, Article V, Section E-3 of the Huntington
Beach Firefighter's Association MOU:
Article V, Section E-3--Tiller Certification
a. Tiller Certification -- The Huntington Beach Training Manual, Section C-2, dated 3-11-99 identifies the
method and requirements for Tiller Certification.
b. Class B Firefighter Restrictive License. --.State Department Of Motor Vehicles established.
c. Light Air Unit -- The intent is for a Firefighter to be able to drive, set up, and safely operate the Light
Air unit. Currently, hazardous materials personnel operate the Light Air Unit. They are trained in the
safe operation of the unit but do not actually "certify." We are developing a training program for the
unit that will consist of a short written test to identify the safety and operational aspects the lighting
and air system. The program will formalize the current existing training program that has been in use
and assure that firefighting personnel are properly trained. Since Firefighters may not be assigned to
the unit regularly, we will also establish a refresher class each year to maintain their capabilities.
Note! All Fire Department personnel have been trained in the past in the operation of the Light Air Unit.
Since we do not have a formalized training program for the unit at the present time, all Firefighters will be
grandfathered into meeting the requirements until the training program is finalized. This process will provide
the following options for compensation:
® If the Firefighter was Tiller Certified and had a Class B Firefighter Restrictive License.as of September
5, 1998, they will receive the identified compensation effective that date. Upon implementation of a
formal certification program for the Light Air Unit, these Firefighters will be required to become
certified in light air operation.
If, after September 5, 1998, and until the training program for the Light Air Unit is developed and
implemented, a Firefighter obtains Tiller Certification and the Class B Firefighter Restrictive Drivers
License, they will be eligible for compensation following application. Upon implementation of a formal
certification program for the Light Air Unit, these Firefighters will be required to become certified in
light air operation.
® For Firefighters requesting compensation after the training program for the Light Air Unit is formalized,
they must obtain Tiller Certification, the Class B Firefighter Restrictive Drivers License, and be
certified in light air operations. They will be eligible for compensation following application.
Note! If a Firefighter elects not to participate in the above mentioned Tiller Certification compensation, it does
not preclude the currently established requirement by the Department for a firefighter to be Tiller Certified, as
identified in the Huntington Beach Training Manual, Section C-2, dated March 11, 1999.
-59- 6/1/2004 2:43 PM
EXHIBIT F
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.
-60- 11/13/00 5:14 PM
EXHIBIT G
40/56-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL
LEAVE BENEFITS
(EXAMPLE)
Permanent, full-time employees shall accrue annual vacations or sick leave at their appropriate
assigned work schedule rate, either 40-hour or 56-hour workweek. The 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
IZ31:191 tleRl�.
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.
-61- 6/1/20042:43 PM
EXHIBIT G - 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.
-62- 6/1/2004 2:43 PM
EXHIBIT H
POLICY D-14, MINIMUM STAFFING AND FILLING OF VACANCIES
-63- 6/l/2004 2:43 PM
INITIATING DEPARTMENT:
ADMINISTARTIVE SERVICES
SUBJECT:
APPROVAL OF MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND THE HUNTINGTON BEACH
FIREFIGHTERS' ASSOCIATION
COUNCIL MEETING DATE:
June 7, 2004
rTAOH ME K S
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Attached
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (if applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
R EV IEWt
TOR)t"w
-Administrative Staff
-Assistant City Administrator (Initial)
-City Administrator (Initial)
City Clerk
EXPL NATIQN,FORkET'
4,W
'1
RCA Author: William McReynolds