HomeMy WebLinkAboutHBFA - Huntington Beach Firefighters Association - 1992-07-20�e�'
REQUEST 07®R CITY C®UiVCIL ACTT ����
Date July 20, 92
Submitted to: Honorable Mayor and City Council
Michael T. Uberuaga, City Administrator mil/
Submitted by:
Robert J. Franz, Deputy City Administra f
Prepared by:
Approval of Three Year Memorandum of Understanding -
Subject:
Consistent with Council Policy? 7` Yes [ ] New Policy or Exception
ire Ass6ciatl6n
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Statement of Issue, Recommendation, Analysis, Fundir g-JSB8kg,)AMrI Nti47fA-dtioW;Affi meats:
7- X&P 19.y. %
STATEMENT OF ISSUE: The City and the Huntington Beach Fire-AssociNatibn (FA)
have reached agreement on a three year Memorandum of Understanding (MOU)
regarding changes in salaries, benefits and working conditions. Council
adoption of a written MOU is necessary to begin implementation of the terms and
conditions of the MOU.
RECOMMENDATION:
e
1. Adopt Resolution 4'f D Co approving a three year Memorandum of
Understanding between the City and the FA.
2. Approve the reduction in the contribution to the Retiree Medical
Fund, for FA employees, from 3% of payroll to 1% of payroll.
ANALYSIS: Attachment 1 is a summary of the tentative agreement with FA. The
City Council previously instructed City representatives regarding policy
guidelines upon which to reach agreement. The attached MOU and tentative
agreement is consistent with those guidelines.
Costs to the City would increase 18.5% over the term of the three year
agreement, (see -Attachment 2). In order to reduce the cost of the salary
increases, the City and FA agreed to cost reduction or cost avoidance provisions
in the City's health plan and, more significantly, agreed to reduce the
contribution to the Retiree Medical Fund from 3% of payroll to 1% of payroll.
The change in the Retiree Medical funding program shifts $178,000 per year from
this benefit to employees salaries. This is possible due to the agreement with
FA to "freeze" the level of benefits under the Retiree Medical Program. An
independent actuarial study completed in September of 1990 indicated that, if
benefits were frozen at their current levels, that the cost could be reduced
from 3% of payroll to 0.8% of payroll. Therefore, the recommendation and
agreement to fund the Retiree Medical Program at 1% of payroll is still a
conservative approach for financing these benefits for future retirees providing
a slight excess in the amount actuarially determined to be necessary.
F'
PIO 5/85
REQUEST FOR CITY COUNCIL ACTION
Approval of Three Year Memorandum of Understanding
Fire Association
Funding Source: Annual salary and benefit budgets.
Alternative Actions: Do not approve the MOU.
Attachments•
1. Summary of Agreement
2. Cost Analysis - Tentative Agreement
3. Resolution
4. Memorandum of Understanding
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WPADSERT:1002
CITY OF HUNTINGT0N BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO:, MICHAEL T. UBERUAGA, CITY ADMINISTRATOR
FROM: ROBERT J. FRANZ, DEPUTY CITY ADMINISTRATOR
SUBJECT: SUMMARY OF TENTATIVE AGREEMENT — FIRE ASSOCIATION
DATE: JULY 14, 1992
Attached is the MOU including a cost analysis and summary of the tentative
agreement on all meet and confer items (except the impasse issues on staffing).
The summary is cross referenced by page number to the 47 page MOU.
The basic salary and benefit changes in the attached MOU are the same as the
agreements with other employee groups with the following exceptions:
A. Additional 1% salary increase for Fire Engineers and additional 2%
for Firefighter (estimated cost $58,000 per year).
B. Three (3) month earlier 2.5% increase in first year of MOU (one time
cost of $65,500).
C. Three (3) month earlier City pickup of $16 per month health
insurance cost (one time cost of $2,350).
D. Changes unique to Fire Department operations. (Minor cost increase
and cost savings which will result in net savings).
Due to the long delays in the meet and confer process, the City has received an
estimated $145,000 of additional General Fund interest income revenue on the
funds that were offered but not yet paid for these salary and benefit increases.
This represents a one—time savings to the City, as indicated in the attached cost.
summary. n
ROBERT J. gRANZ 1
Deputy Cit Administrator
RJF:skd
Attachment
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MEET AND CONFER
FIRE ASSOCIATION
SUMMARY OF TENTATIVE AGREEMENT
JULY 14, 1992
MOU PAGE
NUMBER
38 1. Term: Three years, effective 10/01/90 - 09/30/93
41 2. Salary Increases
A. All Classes:
First Year: 8.5% - Retroactive to 10/01/90 (Includes
2% Retiree Medical Transfer)
Second Year: 5.0% - Effective 10/01/91
Third Year: 6.0% - Effective 10/01/92
41 B. Inequity Adjustments:
Firefighters: +1% - effective 10/01/90
+1% - effective 10/01/92
Fire Engineers: +1% - effective 10/01/90
3. Insurance Benefits:
A. Employee Health Plan:
24 1) Monthly Premium/City Contribution: First Year -
$475, effective 01/01/91;
Second Year - $525;
Third Year - $525 with reopener if maximum is
exceeded.
43
2) PCS Card: Co -pay increased from $4 to $5 for
generics/$8 for non -generics; dispensing limit
changed from 100 to 34 days.
43
3) Maximum out of pocket payment of employees:
Increase from $750 to $1,000/year; Retirees
increase from $1,000 to $1,500/year.
43
4) Eliminate Supplemental Accident benefit.
43
5) Reduce current 100% Hospitalization coverage and
Major Medical benefit payment: PPO's - 90%,
Non-PPO - 80%.
43
B. Dental Plan: Implement $25 deductible, (Effective
01/01/92).
43
C. Optical Plan: One pair of new glasses every 12 months
(instead of 24 months).
MEET AND CONFER
Fire Association
Summary of Tentative Agreement
July 14, 1992
MOU PAGE
NUMBER
13 4. Sick Leave As Hours Worked — Effective 10/01/91 — Sick leave
to be counted as -"hours worked" for the purpose of
computation of overtime for premium pay purposes.
44 5. Retiree Medical — Effective 10/01/92 — Reduce required years
of service to earn maximum city payment to 25 years,
(current: 28 years of service).
6. Administrative Appointments:
1 & 4 A. Eliminate Firefighter Paramedic and Fire Controller
Leadworker as Administrative Appointments.
1 B. Establish Firefighter Paramedic and Lead Fire Controller
classes within City Personnel system.
5 C. Paramedics eligible for to return to former
classification, after five years of continuous paramedic
service, with salary frozen at Paramedic rate.
D. Current leadworkers may be reclassified to Lead Fire
Controller class, 6 month probationary period to be
served.
8 7. Shift Differential: Fire Controllers working night shift to
receive 5% night shift differential.
6 8. Paramedic Recertification: Increase paramedic
recertification bonus to $500
7 9. Hazmat Pay:
$250/month effective 10/01/90; $300/month effective
10/01/92.
(Current = $200 per month)
19 10. Court Time Pay: Employees on standby for City business
court appearance will receive 2 hours straight time pay for
morning and/or afternoon session.
45 11. MOU/Personnel Rules:
A. Reformat MOU as proposed by City.
B. Implement Personnel Rule changes proposed by City.
16 12. Callback Policy: Policy as reviewed with Association to be
implemented.
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TENTATIVE AGREEMENT
FIRE ASSOCIATION
COST ANALYSIS - SALARY/BENEFIT INCREASES
PRELIMINARY ESTIMATES
July 14, 1992
1% Cost:
Year 1 - $ 89,094
10/1/90 thru
10/1/91
(First Year)
Salary 8.5% _ $757,299
Inemui ty
Adjustments 37,557 (.4)
Med. Ins.
9,400
(.1)
Premiums
Medical Cost
Containment
Dental Plan
(Deductible)
Shift Differential
9,800
(.1)
Controllers
S/L as
Hours Worked
Retiree
Medical
Hazmat
7,200
(.1)
PAY
Paramedic
4,500
(.1)
Recertification
Less Retiree
Medical Cost
-178,188
(-2.0)
Year 2 - $ 97,112
Year
3 - $ 101,967
10/1/91 thru
10/1/92 thru
10/1/92
10/1/93
(Second Year)
(Third Year)
Total
5% _ $485,560
6% _ $611,802
19.5%
20,424 (.2)
0.6%
28,000 (.2)
0
0.3%
- 50,000 (-.5)
-0.5%
-10,000 (-.1)
-0.1
0.1
20,000 (.2) 0.2
1,662 (0) 0
7,200 (.1) 0.2
0.1
-2.0
Savings
Total
Ongoing Cost $647,568 (7.3%) $473,560 (4.9%) $641,088 (6.3%) 18.5%
Less Interest
Earnings on
Unpaid Retro.
(One time Savings)-$40,000-$105,000
Estimated
Total
One Time
Net
Year
Cost Increase
%
Savings
Cost
1
$647,568
7.3%
$40,000
$607,568
2
473,560
4.9%
105,000
368,560
3
641,088
6.3%
641,088
Total Cost Increases
$1,762,216
18.5%
$1,617,216
RESOLUTION NO. 6406
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
HUNTINGTON BEACH FIREFIGHTER'S ASSOCIATION
AND THE CITY OF HUNTINGTON BEACH FOR 1990-1993.
The City Council of the City of Huntington Beach resolves
as follows:
The Memorandum of Understanding between the City of
Huntington Beach and the Huntington Beach Firefighter's
Association, dated July 15, 1992 , a copy of which is
attached hereto and by reference made a part hereof, is hereby
approved and ordered implemented in accordance with the terms
and conditions thereof. The City Administrator is authorized
to execute this agreement on behalf of the city. Such
Memorandum of Understanding shall be effective for the term
October 1, 1990, to September 30, 1993.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof, held on the 20th
day of July , 1992.
ATTEST:
City Clerk
REVIEWED AND APPROVED:
City Administrator
00
Mayor
APPROVED AS TO FORM:
Attorney
INITIATED AND APPROVED:
glig.dpr
327:7/14/92
FIREMEN'S ASSOCIATION - MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Page
JULY 10, 1992
ARTICLE
I REPRESENTATIONAL UNIT/CLASSIFICATIONS
1
ARTICLE
II EXISTING CONDITIONS OF EMPLOYMENT
1
ARTICLE
III SEVERABILITY
2
ARTICLE
IV SALARY SCHEDULES
2
ARTICLE
V SPECIAL PAY
2
A. Education
2
1. Incentive Plan
2
B. Acting Assignments
4
C. Administrative Appointments
4
1. Administrative Assignments
4
2. Pay Upon Completion of Administrative
4
Appointment
D. Pay Upon Completion of Paramedic Duties
5
E. Special Certification/Skill Pay
6
1. State Board of Fire Services Certification
6
2. Paramedic Recertification
6
3. EMT-1.Certification
7
4. EMD Certification
7
ti
5. Hazardous Materials Team Responder
7
6. Bilingual Skill
7
F. Holiday Pay -In -Lieu
8
G. Shift Differential
8
H. Compensation for Break Periods
9
I. Reportable to PERS
9
ARTICLE
VI UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT
9
A. Uniforms Provided by CITY, Safety and Non -Safety
Members
9
B. Uniforms Provided by CITY (40 hour Shift
Personnel)
10
C. Uniform Allowance/Fitness
10
D. Uniform Reimbursement/Reserves
10
E. Uniform Care and Replacement
10
F. Uniform Policies and Advisory Committee
12
G. Reportable to PERS
12
ARTICLE
VII HOURS OF WORK/OVERTIME
12
A. Work Schedule
12
6406
' Page
B.
Hours of Work - Defined
13
C.
Level Pay Plan
14
D.
Overtime/Compensatory Time
16
1. Paid Overtime
16
2. Compensatory Time
17
3. Callback
18
4. Mandatory Standby
18
5. Pagers
18
6. Required Training Attendance
18
7. Cancellation of Overtime
19
8. Court Time
19
E.
Jury Duty
19
F.
Shift Exchange/Relief
20
G.
Assigned Shift Policy
20
H.
Minimum Manning and Filling of Vacancies
20
1. Minimum Manning Levels
20
2. Staffing Priorities and Restrictions
21
3. Filling of Vacancies
22
4. Definitions
23
5. New Equipment
23
ARTICLE VIII HEALTH AND OTHER INSURANCE BENEFITS
24
A.
Health
24
1. Medical
24
2. Dental
24
3. Optical
24
4. Eligibility Criteria and Cost
25
B.
Life and Accidental Death and Dismemberment
25
1. Life
25
2. Accidental Death and Dismemberment
25
C.
Long Term Disability Insurance
25
D.
Miscellaneous
26
ARTICLE IX RETIREMENT
26
A.
Benefits
26
1. Public Employees' Retirement System
26
2. Self -Funded Supplemental Retirement Benefit
27
3. Medical Insurance for Retirees
28
6406
t
Page
ARTICLE X
ARTICLE XI
ARTICLE XII
ARTICLE XIII
ARTICLE XIV
ARTICLE XV
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
B. Public Employees' Retirement System Reimbursement
and Reporting
29
1. Employee's Contribution
29
2. "Rollover"
30
3. Reporting of Base Salary
30
C. Reinstatement Privileges for Disability Retirees
31
LEAVE BENEFITS
31
A. Leave with Pay
31
1. Vacation
31
2. Sick Leave
33
3. Family Sick Leave
34
4. Bereavement Leave
35
5, Association Business
35
CITY RULES
35
A. Personnel Rules
35
B. Precedence of Agreement
35
C. Layoff Rules
35
MISCELLANEOUS
36
A. Fire Department Promotional Exams
36
B. Living Quarters
36
C. .paychecks
36
1. Bi-Weekly Pay
36
2. Paycheck Distribution
36
3. Vacation Paycheck
36
D. Medical Examination for Reserve Firefighters
37
E. Class "B" Driver's License
37
F. Adopted Documents
37
MANAGEMENT RIGHTS
37
TERM OF MOU
38
CITY COUNCIL APPROVAL
39
EMPLOYER -EMPLOYEE RELATIONS RESOLUTION 40
SALARY SCHEDULES 41
HEALTH PLAN CHANGES 43
CHANGES TO PERSONNEL RULES 45
6406
r
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF HUNTINGTON BEACH
AND
HUNTINGTON BEACH FIREFIGHTER'S ASSOCIATION
Oct. 1, 1990 — Sept. 30, 1993
ARTICLE I — REPRESENTATIONAL UNIT/CLASSIFICATIONS
A. It is recognized that the Huntington Beach Firefighter's Association is
the employee organization which has the right to meet and confer in
good faith with the CITY on behalf of employees of the City of
Huntington Beach within the following classifications:
Deputy Fire Marshal* Firefighter
Fire Captain Firefighter Paramedic
Fire Captain Paramedic* Fire Protection Specialist`
Fire Controller Reserve Firefighter
Fire Engineer Fire Controller Leadworker
Fire Engineer Paramedic* Supervising Fire Controller
* Administrative appointments
B. The CITY and association have agreed to a procedure whereby the CITY,
by and through the Personnel Director, would be entitled to propose a
4
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.
6406
S
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 three (3) years of
service with the City of Huntington Beach and has attained the
equivalent of E step Fire Controller, Fire Controller Leadworker,
Fire Controller Supervisor, Firefighter or higher rank and has
attained an Associate of Science Degree in Fire Science, or an
equivalent course of study as determined by the Education
Committee and the Fire Chief, shall receive an additional monthly
payment of one hundred dollars ($100). Fire Controllers, Fire
Controller Leadworkers and Fire Controller Supervisor may also
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6406
qualify for this level of education incentive pay if they have a
Bachelors Degree in Communications or Sociology.
b. Level II - Any employee who has completed six (6) years of
service with the City of Huntington Beach and has attained the
equivalent of E step Fire Controller, Fire Controller
Leadworker, Fire Controller Supervisor, Firefighter or higher
rank, and has attained a Bachelors Degree in Fire Administration,
Public Administration, or an equivalent course of study as
determined by the Education Committee and the Fire Chief, shall
receive an additional monthly payment of one hundred twenty
dollars ($120). Fire Controllers, Fire Controller Leadworkers
and Fire Controller Supervisor may also qualify for this level of
education incentive pay if they have a Bachelors Degree in
Communications or Sociology.
c. Level III - Any employee in the permanent classification titles
of Fire Captain, Deputy Fire Marshal or Fire Controller
Supervisor who has completed six (6) years of service with the
City of Huntington Beach, and who has attained a Bachelors Degree
in Fire Administration or Public Administration or an equivalent
course of study, as determined by the Education Committee and the
Fire Chief, shall receive an additional monthly payment of One
Hundred Fifty Dollars ($150). Fire Controller Supervisors may
also qualify for this level of education incentive pay if they
have a Bachelors Degree in Business Administration.
d. 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.
e. An Education Committee shall be formed and shall be composed of
three (3) members. Of said three (3) members, one shall be
appointed by the ASSOCIATION, one appointed by the Fire Chief and
the third shall be the Personnel Director.
f. Certification to an education award and to the additional monthly
compensation shall commence on the first day of the payroll
period the month after approval by the Education Committee.
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g. Notwithstanding the foregoing, any employee currently receiving
educational incentive benefits in any previous approved schedule,
shall continue to receive the monthly payments entitled
thereunder, in lieu of any payment available under Section "A.1."
of this Article, if the current payment exceeds the payment to
which the employee would be entitled under Section "A.1." if any.
B. Acting Assignments - Employees acting in a higher classification, when
properly qualified and compensated in accordance with the CITY
Personnel Rules shall be considered equivalent to the required
classification.
C. Administrative Appointments
1. Administrative Appointments - The CITY may, from time to time,
administratively appoint employees to administrative or specialist
positions. The personnel appointed to the positions of Deputy Fire
Marshal, Fire Protection Specialist, Fire Captain Paramedic, and
Fire Engineer Paramedic shall serve at the discretion of the Fire
Chief. No person shall be appointed to the position of Fire Captain
Paramedic or Fire Engineer Paramedic except on a voluntary basis.
An administrative appointment shall not affect the employee's
regular classification or rank. Persons appointed to these
positions shall retain their highest previous permanent
classification and the anniversary date of their appointment to the
permanent classification.
2. Pax Upon Completion of Administrative Appointment
a. An employee administratively appointed to the positions of Deputy
Fire Marshall and Fire Protection Specialist, who subsequently is
voluntarily or involuntarily reassigned to a position within
their permanent classification with a lower rate of pay, shall
receive a one (1) step reduction in pay to initially coincide
with their reduced assignment and at each anniversary date
thereafter, until their rate of pay equals the rate of pay
entitled as if they had not received the administrative
appointment.
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b. Any administratively appointed employee to the positions of
Deputy Fire Marshal and Fire Protection Specialist, who has
completed four (4) years of service in the appointed or any other
appointed parallel position, may request to return to their
permanent classification, and shall within one (1) year
thereafter, be entitled to return to his/her permanent
classification. The pay rate changes associated with the
appointment or reappointment shall follow the process and
procedures established for all positions within the classified
service.
c. This section shall not apply to disciplinary demotions or layoffs.
D. PAY UPON COMPLETION OF PARAMEDIC DUTIES
Any Firefighter Paramedic, any administratively assigned Fire Engineer
Paramedic, or any administratively assigned Fire Captain Paramedic with
a minimum of five (5) years of continuous service as a Paramedic may
request reinstatement to his/her previously held classification. Such
request must be submitted in writing to the Fire Chief at least one (1)
year prior to the date of the requested reinstatement. Upon
reinstatement, if the employee's current base salary is equivalent to
y
or in excess of step "E" of the respective Firefighter, Fire Engineer,
or Fire Captain salary range, his/her salary will not change until it
no longer exceeds step "E" of the respective Firefighter, Fire
Engineer, or Fire Captain salary range.
If the employee's Paramedic salary is less than step "E," his/her
salary shall be set at a step in the range closest to his/her existing
current base salary.
This section shall not apply to disciplinary demotions or layoffs.
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6406
E. Special Certification/Skill Pay
1. State Board of Fire Services Certification - Any employee, in a
position that did not require certification as a condition of
employment, and who at any time has been or becomes certified by the
State Board of Fire Services in a classification then occupied,
shall be entitled, upon request, to a cash payment of two hundred
fifty dollars ($250). Each employee may only receive one such
payment irrespective of the number of times he/she is certified in
any position.
2. Paramedic Recertification - Each time a Firefighter Paramedic,
Engineer Paramedic, or Fire Captain Paramedic working in the
position is recertified as a Paramedic, he/she shall be entitled to
a cash payment of five hundred dollars ($500).
3. EMT-1 Certification - All Fire Controllers and Fire Controller
Leadworkers shall receive Emergency Medical Technician (EMT-1)
certification within (1) one year of their date of hire. Additional
compensation of one hundred twenty dollars ($120) per month shall be
paid at the time EMT-1 training begins or at date of hire if
ti
employee is already currently certified as EMT-1.
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6406
4. EMD Certification
a. Fire Controllers - As soon as possible after receiving EMT-1
certification, Fire Controllers and Fire Controller Leadworkers
shall obtain EMD certification, and the monthly one hundred
twenty dollars ($120) compensation shall remain in effect as long
as the employee's EMD certification remains current. Employees
hired prior to October 1, 1987, who do not have EMT-1
certification, may receive certification bonus of one hundred
twenty dollars ($120) when they become EMD certified without
previous EMT-1 certification.
b. Supervising Fire Controller - Supervising Fire Controller who has
current EMD certification shall receive additional hourly
compensation when working as Fire Controller or Fire Controller
Leadworker on an hour for hour basis.
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 two hundred
fifty dollars ($250) per month effective October 1, 1990; and three
hundred dollars ($300) per month effective October 1, 1992.
6. Bilingual Skill - Up to seven (7) employees who have demonstrated
their ability to converse in Spanish or Vietnamese shall receive a
monthly cash payment of fifty dollars ($50). The manner of
demonstrating proficiency and the selection of which eligible
employees receive the cash payment (if more than seven (7) employees
are eligible) shall be determined in a manner to be agreed upon
between the Fire Chief and the ASSOCIATION. If the parties are
unable to agree, then the determination shall be made by the
Education Committee described in Section A.l.e of this Article.
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6406
F. Holiday Pay —In —Lieu
1. Employees shall be compensated by the CITY in lieu of the ten listed
holidays at the rate of .0385 of the employee's monthly salary rate
set forth in Exhibit A, payable each and every pay period. The
following are the recognized legal holidays under this MOU:
1. New Year's Day (January 1)
2. Martin Luther King's Birthday
3. President's Day (third Monday in February)
4. Memorial Day (last Monday in May)
5. Independence Day (July 4)
6. Labor Day (first Monday in September)
7. Veterans' Day (November 11)
8. Thanksgiving Day (fourth Thursday in November)
9. Friday after Thanksgiving
10. Christmas Day (December 25)
11. Any day declared by the President of the United States to be a
national holiday, or by the Governor of the State of
California to be a state holiday, and adopted as an employee
holiday by the City Council of Huntington Beach.
2. Holidays which fall on Sunday shall be observed the following
Monday, and those falling on Saturday shall be observed the
preceding Friday.
3. Employees designated by the Fire Chief who are required to work
regular shifts on the above holidays set forth in Section F.I. of
this Article, shall not be entitled to time off or overtime.
G. Shift Differential
Fire Controllers and Fire Controller Leadworkers required to work on a
regularly assigned shift that occurs between the hours of 1730 and 0730
shall be paid a premium of five percent (5%) of the employee's base
hourly rate for all work performed during said shift.
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6406
H. Compensation for Break Periods
For each shift actually worked, Fire Controllers and Fire Controller
Leadworkers shall receive as compensation for break periods worked, an
additional sum equal to one-half (112) hour's base salary, which sum
shall be added to and become a part of the employee's base salary and
shall not be regarded as overtime hours worked for the computation of
overtime.
I 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. Safety and Non -Safety Members
1. Six (6) sets of daily work uniforms consisting of pants and shirts.
One set shall be preserved as a dress uniform to be worn only on
such occasions as a dress uniform shall be deemed appropriate. The
work and dress uniform shall be Unitog, or equivalent, Stock shirt
and Stock trousers.
2. Two (2) pair of safety shoes, Chippewa or equivalent. Non -sworn
personnel may be provided one (1) pair of dress shoes in lieu of
safety shoes.
3. One (1) station uniform jacket of the nature and quality presently
described in Policy C-2 of the Huntington Beach Fire Department.
4. Six (6) white T-shirts per year. T-shirts shall be 100% cotton,
round neck, lot No. 4007 or equivalent from J. C. Penney's.
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5. All accessory identification, adornments, badges, patches, belt and
other appurtenances thereto shall be provided by CITY.
B. Uniforms Provided By City (40 hour Shift Personnel) - All employees
assigned to staff positions shall be provided two (2) complete sets of
the type of uniform required by the Fire Chief for such positions.
This uniform may be issued in lieu of two (2) sets of the work uniforms
provided by Policy C-2. Staff employees required to wear said uniform
shall also be provided with:
1. Three (3) extra shirts for a total of five (5),
2. One (1) pair of dress shoes, and
3. One (1) blazer
C. Uniform Allowance/Fitness - CITY shall provide each employee who
participates in the Fire Department's physical fitness program one
hundred dollars ($100) per fiscal year for the purchase of physical
fitness uniforms and physical fitness shoes, payable in the first
payroll period of December.
D. Uniform Reimbursement/Reserves - Reserve Firefighters who complete one
(1) full year of satisfactory service with the Huntington Beach Fire
Department shall be reimbursed for actual expenses incurred for
required uniform shoes in an amount not to exceed the cost of
equivalent shoes provided by the Department.
E. Uniform Care and Replacement
1. Any uniforms with the exception of the physical fitness uniform,
that are destroyed or which become unacceptable, and which were
damaged by circumstances involving the Firefighter's regular work
while on duty, shall be replaced by CITY at no cost to the employee.
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2. The uniforms described in paragraphs A.1, 2, 3 and 4 of this Article
shall be replaced by the CITY whenever the Fire Chief or his/her
designated representative determines that such replacement is
necessary. Any employee who disagrees with the determination of the
Fire Chief or his/her representative shall have the right to appeal
that determination to the uniform advisory committee, as established
in Section F.3. of this Article.
3. The employee shall be responsible for the preservation and cleaning
of all uniforms.
4. All uniforms and equipment furnished by CITY with the exception of
T—shirts shall remain the property of CITY and be returned or
replaced if the employee terminates.
F. Uniform Policies and Advisory Committee
1. The present uniform and clothing policies as delineated in this
Article shall remain in effect until the Fire Chief or his/her
designee and the ASSOCIATION mutually agree on a new uniform system
and on the date of implementation. On said implementation date, all
safety clothing and uniforms required by the CITY to be worn by
employees during working hours shall meet all applicable state and
federal regulations relating to said clothing and, with the
exception of station uniforms, be of high quality, fire resistant
material.
2. The present uniform policies for non —safety employees shall remain
in effect until the Fire Chief or his designee and the ASSOCIATION
mutually agree upon any type of change.
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3. 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.
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 VII - HOURS OF WORK/OVERTIME
A. Work Schedule
1. All twenty-four (24) hour shift employees shall work an average of
fifty-six (56) hours per week pursuant to the current schedule of
five (5) twenty-four (24) hour shifts in a fifteen (15) day period
with six (6) consecutive days off.
2. All twenty-four (24) hour shift employees shall be on a fourteen
(14) day work period as defined by the Fair Labor Standards Act
(FLSA).
3. Fire Prevention/Staff and administrative work schedules are to be
forty (40) hours per week on a four (4) day work week, ten (10)
hours per day.
4. All Fire Controllers shall work the ten (10) and fourteen (14) hour
shift, forty (40) hour average work week schedule.
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B. Hours of Work - Defined
1. Hours worked shall be defined as actual time worked, approved
vacation, compensatory time off, bereavement leave, industrial
injury or illness leave, with the exception of exchange of shift not
being included. Effective 10-1-91, sick leave shall be counted as
hours worked for purposes of overtime calculations.
2. Exchange of shifts shall occur at 0800 hours each day. However,
employees shall actually arrive sufficiently in advance of 0800 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 work week
schedule for both lunch and physical fitness shall 'not exceed four
(4) hours within any given work week. All physical fitness
activities considered to be work activities shall be conducted on
duty within fire stations and under supervision.
5. For Fire Controllers and Fire Controller Leadworkers, in each work.
period (seven (7) days) in which they are scheduled to work
forty-eight (48) hours, hours worked shall be defined as actual time
worked, approved vacation and/or compensatory paid leave and/or up
to eight (8) hours of paid sick leave and/or leave for industrial
illness or injury.
6. Holdover. An employee who is held over beyond the end of his
regular shift shall be compensated for the actual time he/she is
required to remain on duty, computed to the nearest quarter (1/4)
hour.
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7. Exchanges of time shall not be considered when computing hours
worked as defined in this Article.
8. An employee shall be considered to be working if he/she is ordered
to duty by the Fire Chief or his/her designee.
C.,Level Pay Plan (Effective 10-01-91)
1. Twenty-four (24) Hour Shift Personnel - For the purpose of computing
the bi-weekly pay for all twenty-four (24) hour shift employees,
compensation shall be computed on the basis of averaging the
overtime pay due to these employees due to the FLSA, the 14 day work
period, counting all regularly scheduled non "lost time" hours as
"hours worked", and the City's 15 day work cycle. The overtime pay
resulting from these factors shall be paid bi-weekly based on the
averaging of the overtime pay that would be paid over 15 consecutive
bi-weekly work (and pay) periods. During 15 consecutive bi-weekly
pay periods a total of 140 hours of regularly scheduled hours are
required to be paid at the employee's premium rate under the factors
described above. The "normal" bi-weekly pay system will compensate
these 140 hours at the employee's premium rate, averaged over 15 pay
periods resulting in 9.33 hours of premium pay each bi-weekly pay
period.
These shift employees will, therefore, receive 102.67 hours of pay
at their regular rate each bi-weekly pay period, plus 9.33 hours of
pay at their premium rate of pay for their regular rate to
compensate these employees for their overtime due to the regularly
scheduled shifts. The only exception to the above shall be for
employees in "lost time" status.
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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.
2. Ten and Fourteen (10/14) Hour Shift Personnel - For the purpose of
computing the "normal" bi-weekly pay for all employees in the Fire
Controller and Fire Controller Leadworker Classifications who work
the ten and fourteen hour shift (forty hour average work week)
schedule, compensation shall be computed on the basis of the
following factors: 1) Averaging the overtime pay due to these
employees due to the FLSA, 2) the 7 day work period, 3) counting all
regularly scheduled non "lost time" hours as "hours worked", and 4)
the City's 7 day work cycle. The overtime pay resulting from these
factors shall be paid bi-weekly based on the averaging of the
overtime pay that would be paid over 4 consecutive bi-weekly pay
periods. During 4 consecutive bi-weekly pay periods, a total of 32
hours of an employee's regularly scheduled hours are required to be
paid at the employee's premium rate under the factors described
above. The current bi-weekly pay system will compensate these 32
hours at the employee's premium pay rate. The 32 hours premium pay
over 4 pay periods is an average of 8 hours of premium pay each
bi-weekly pay period. Similarly, "Break Pay' is computed on the
basis of 1/2 hour pay for each shift worked. 28 shifts are worked
in 4 consecutive pay periods, resulting in 14 hours of pay at the
employee's regular rate, or an average of 3.5 hours per pay period.
These employees will, therefore, under this "Level Pay" system
receive 76 hours of pay at their regular rate each bi-weekly pay
period, plus 3.5 hours of "Break Pay" at their regular rate, plus 8
hours at their premium rate to compensate for overtime due to the
regularly scheduled shifts. The only exception to the above shall
be for employees in "lost time" status.
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In addition to the premium pay provided above, these 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 7 day work period.
3. Lost Time - Defined - "Lost time" is defined as time when the
employee is regularly scheduled to work and does not work and
therefore receives no compensation.
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 Huntington Beach Fire Department Organization Manual,
Policy D-3 dated June 17, 1992. The overtime system and/or
Policy D-3 may be modified by mutual agreement of the parties at
any time during the term of this MOU.
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2. Compensatory Time
a. Non -Exempt - All overtime worked by non-exempt employees shall be
compensated at the employees' premium hourly rate of pay and
shall not be compensated by compensatory time off.
b. Exempt - For all exempt employees, in lieu of compensation by
cash payment for overtime as provided in this Article, such
employees may, at their option, and with approval of the Fire
Chief, be compensated by compensatory time off at a straight time
rate, on an hour for hour basis.
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
employees 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.
la
2) Compensatory time may not be received in lieu of a cash
payment for time worked during major emergencies when, in the
opinion of the Fire Chief, the City may be eligible for
reimbursement from another agency for said cash payment.
c. Compensatory Time Paid Off - At the time of any change in the
Salary Schedule, any accumulated time which has not been used or
paid off, shall be paid in cash at the premium hourly rate based
upon the salary schedule in effect prior to the change.
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3. Callback — Employees who are ordered to return to duty on other than
their regularly scheduled shift shall receive a minimum of two (2)
hours compensation on an hourly basis.
4. Mandatory Standby — Any employee may be placed on "mandatory
standby" by the Fire Chief or his/her designee. Employees on
mandatory standby must remain available for immediate response
during the designated standby period. All personnel placed on
mandatory standby shall receive a minimum of two (2) hours
compensation for each twelve (12) hours of off duty standby time or
fraction thereof.
5. Pagers - Recognizing that personal pagers are part of the Fire
Department's business and emergency alerting system, pagers shall be
issued and worn only on a voluntary basis, with the exception of
members who are placed on mandatory standby who may be required to
wear a personal pager while on such standby. An employee placed on
mandatory standby may voluntarily wear a pager, and if so, shall
receive a minimum of two (2) hours compensation for each twenty—four
(24) hours of off duty standby time or fraction thereof.
Members assigned to special staff or prevention duties and
voluntarily receiving other types of consideration (i.e.,
twenty—four (24) hour assigned vehicle) may be required to wear
pagers and respond while off duty when within pager call range.
6. Required Training Attendance — An employee who.is required to attend
a class or seminar to maintain his/her current position shall have
his/her related expenses paid by the CITY. When attendance occurs
at a time when the employee is not scheduled to work, he/she shall
be compensated on an hourly basis.
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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.
B. Court Time
a. Employees placed on standby for a court.appearance involving City
business during other than their scheduled working hours shall
receive a minimum of two hours straight time pay for each morning
and/or afternoon session.
b. Employees appearing in court on City business during other than
their scheduled working hours shall receive a minimum of three
(3) hours pay at time and one half; provided, however, that if
such time overlaps with the employee's scheduled working hours,
said premium rate shall be limited to those hours occurring prior
to or after the employee's scheduled work time.
5
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.
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.
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F. Shift Exchange/Relief
1. The Fire Department shall allow ASSOCIATION members exchanges of
schedule pursuant to Policy D-7 of the Huntington Beach Fire
Department Organization Manual. Policy D-7 (Exchange of Schedule)
may be modified by mutual agreement of the parties at any time
during the term of this MOU.
2. An employee may be relieved by any other employee who is qualified
to relieve him/her at any time between the hours of 0600 to 0800.
It shall be the responsibility of the employee's supervisor to
insure that the relief of all employees is accomplished in a fair
and equitable manner. This early relief privilege may be revoked by
the employee's supervisor if abuses occur. It is understood and
agreed that such early relief provisions shall not result in any
additional cost to 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 approval of the Fire Chief.
H. Minimum Manning and Filling of Vacancies
1. Minimum Manning Levels - The CITY shall cause apparatus to be manned
with sufficient manpower to assure the safety of employees and the
control of risk. For these purposes, the minimum manning of
apparatus shall be as follows:
a. Each engine company shall be manned with no less than one (1)
Fire Captain, one (1) Fire Engineer, and one (1) Firefighter or
Firefighter Paramedic.
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b. When two-piece companies are utilized by the department, the
second unit shall be manned by at least one (1) Fire Captain and
one (1) Fire Engineer.
1) Two-piece companies shall respond to structure fires as one
unit and not be considered as separate engines for response
purposes.
2) The second unit shall only respond by itself on single engine
alarms; i.e., trash fires, vehicle fires and medical aids.
c. Each truck company shall be manned with no less than one (1) Fire
Captain, one (1) Fire Engineer and either two (2) Firefighters or
one (1) Firefighter and one (1) Firefighter Paramedic or two (2)
Firefighter Paramedics.
d. Paramedic units shall be manned with no less than two (2)
paramedics from the following appointed ranks; Firefighter
Paramedic, Fire Engineer Paramedic or Fire Captain Paramedic.
e. There shall be at least two (2) qualified Fire Controllers on
duty at V1 times.
f. Fire companies not considered to be in full service and
immediately available shall not be required to have personnel
assigned to them for the purpose of this Article.
g. The minimum manning as set forth in this Article, shall be
specifically and exclusively from employees of the Huntington
Beach Fire Department for all routine activities and normal shift
duties.
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h. No employee shall be assigned to more than one (1) company at the
same time for all routine activities and normal shift duties.
i. Routine activities and normal shift duties shall include those
emergencies that would normally be handled by the on -duty
suppression force.
j. Any employee assigned to serve in the capacity of Battalion Chief
Aide shall not be utilized to satisfy any of the minimum manning
requirements set forth in this Article. He may be utilized to
fill a position for which he is qualified to serve in cases of
temporary fill-in of four (4) hours or less.
3. Filling of Vacancies
a. Employees acting in a higher classification, when properly
qualified and compensated in accordance with the CITY Personnel
Rules shall be considered equivalent to the required
classification.
b. Either one (1) Firefighter or one (1) Firefighter Paramedic
assigned"to a truck company may be utilized for special
assignments for a period not to exceed four (4) hours in any one
shift.
c. REPLACEMENT CALLBACK - When a vacancy exists on any company
apparatus so as to cause the available complement to be less than
that required under the minimum manning provision of this
Article, the Department will be obligated to fill any vacancy so
as to meet such minimum manning obligations by use of off duty
personnel on an overtime basis instead of employing relief
personnel. In the event an existing engine or truck company is
placed out of service, those persons previously assigned thereto
may be utilized to fill any such vacancy prior to the use of off
duty personnel on an overtime basis.
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d. Manning vacancies shall be filled rank for rank whenever
possible. In the event that a vacancy cannot be filled by
voluntary overtime, persons qualified to fill said vacancy may be
utilized at the discretion of the Fire Chief to maintain adequate
manning levels.
e. In the event that a Firefighter Paramedic, who is scheduled to
work on a paramedic unit in order to satisfy minimum manning
obligations, is absent, such vacancy must be filled by an off
duty Firefighter Paramedic working on a voluntary overtime basis,
if available, instead of transferring a Firefighter Paramedic
from a truck company and filling that vacancy by the use of an
off duty firefighter on an overtime basis.
4. Definitions - For the purpose of this Article:
a. All fire engines shall be defined as apparatus with fire pump,
fire hose, water tanks, ground ladders and necessary fire
fighting equipment, excluding specifically aerial ladder or
platform capabilities.
b. All fire"trucks shall be defined as apparatus that have mounted
on the chassis, an aerial ladder or aerial platform.
c. A Paramedic unit shall be defined as any Fire Department vehicle
that is manned with no less than two (2) Firefighter Paramedics.
5. New Equipment - Any Fire Department apparatus, vehicles,
technological changes, and new innovations will be discussed with
the ASSOCIATION, along with any minimum manning requirements, prior
to being placed in full service for immediate response.
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ARTICLE VIII - HEALTH AND OTHER INSURANCE BENEFITS
A. Health
1. Medical
a. The CITY shall provide current group medical insurance benefits
to all employees effective on date of hire. The CITY shall
provide an indemnity plan as well as two (2) HMO plans from which
the employee may choose. The HMO plans available for the
duration of this MOU shall be Health Net and Family Health Plan.
b. The coverage and benefits provided under the CITY Self -Insured
and Self -Administered Indemnity Plan (hereinafter called "the
Plan") shall be as provided in the Employee Health Plan Document
as amended pursuant to Exhibit C.
2. Dental
a. The CITY shall provide each employee and his/her dependents the
dental and/or orthodontic insurance program contained in Delta
Care Policy #4002 or Delta Dental Policy #4729 as amended
pursuant to Exhibit C. Employees may choose either plan.
3. Optical - The CITY shall implement a Vision Care Plan effective
January 1, 1989 for employees and their dependents at an approximate
composite cost of twelve dollars ($12) per month per employee, to be
paid by the CITY.
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4. Eligibility Criteria and Cost
a. The City shall pay the monthly premiums for eligible dependents
of employees under any of the plans effective the first of the
month following the month during which the employee completes one
year of full-time, continuous service with the City subject to
Section A.4.b. of this Article.
b. The CITY'S obligation to pay for health insurance premiums shall
be limited to four hundred and seventy five dollars ($475) per
month, effective 1-1-91; and five hundred twenty five ($525) per
month, effective 1-1-92. If the maximum monthly premium for
coverage under the City's Employee Health Plan, FHP, or Health
Net exceeds five hundred twenty five ($525) on January 1, 1993,
or any month thereafter during the term of this MOU, the parties
agree to meet and confer for the limited purpose of discussing
the CITY'S maximum contribution towards premiums.
B. Life and Accidental Death and Dismemberment
1. Life - The CITY shall provide a Life Insurance Plan for the
employees covered by this MOU. Said plan shall be equal to that
provided by Standard Insurance Company Policy 332175-F, Optional
Insurance, Section 1B, Plan A.
2. Accidental Death and Dismemberment - The CITY shall provide an
Accidental Death and Dismemberment Insurance Plan for employees
covered by this MOU. Said plan shall have a benefit amount of fifty
thousand ($50,000) as described in Bankers Life Policy #SR83,556-5a.
C. Long Term Disability Insurance - The CITY shall pay to the ASSOCIATION
on behalf of each employee covered by this MOU, on a monthly basis, an
amount of thirty four dollars and eighteen cents ($34.18) per member
for a Long Term Disability Policy. The CITY's sole obligation under
this paragraph shall be to make payments to the ASSOCIATION in
accordance with the above schedule.
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D. Miscellaneous
1. Nothing in this Article shall be deemed to restrict the CITY's right
to change insurance carriers should circumstances warrant.
2. Nothing in this Article shall be deemed to obligate the CITY to
improve the benefits outlined in this Article.
3. Whenever an eligible employee is absent because of illness or
injury, the CITY shall continue to provide to the employee and
his/her dependents, all of the insurance benefits set forth in this
Article for the duration of any such approved absence not to exceed
twenty—four (24) months.
ARTICLE IX — RETIREMENT
A. Benefits
1. Public Employees' Retirement System
a. The CITY shall provide all safety employees with that certain
retirement program commonly known and described as the "2% at age
50 plan" which is based on the retirement formula as set forth in
the California Public Employees' Retirement System (PERS),
Sections 20952.5 and 21252.01 of the California Government Code,
including the one—half continuance option (Government Code
Sections 21263 and 21263.1) for safety employees and the survivor
option for all employees as established by the California Public
Employees' Retirement System, Section 21382 of the California
Government Code.
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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. All "non -safety" employees represented by the ASSOCIATION shall
receive the same retirement benefits as provided to other
"non -safety" employees of the CITY.
d. The obligations of the CITY and the retirement rights of
employees as provided in this Article shall survive the term of
this MOU.
2. Self -Funded Supplemental Retirement Benefit - 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 #23 or one-half (1/2) of the allowance [Option #33 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.
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3. Medical Insurance for Retirees
a. Upon retirement, whether service or disability, each employee
shall have the following options in regards to medical insurance
under CITY sponsored plans:
1) With no change in benefits, retirees can stay in any of the
plans offered by the CITY, at the retiree's own expense, for
the maximum time period required by Federal Law (COBRA), or
2) Retirees may participate in the Retiree Medical Plan or either
of the HMO plans currently being offered to retirees.
b. Retired employees exercising either of the options in
Article IX.A.3.a. may cause any premiums not paid by the CITY to
be paid out of funds due and owed to them for unused sick leave
benefits upon retirement, as provided in Article IX.A.3.a.
However, whenever a retired employee does not have any such
available funds he/she shall have the opportunity to provide the
CITY with sufficient funds to pay the premiums. At retirement,
the sick leave hours remaining may, at the employee's option, be
converted to a dollar figure, as provided in Article IX.A.3.a.,
and an estimate shall be provided by the CITY to the retired
employee as to the approximate number of months the group
insurance can be paid by such sick leave dollars. The CITY shall
notify any retired employee whose funds available for unused sick
leave benefits are about to be exhausted, of such fact, in
writing by certified mail, return receipt requested, at the
retired employee's most recent address of record with the CITY no
later than three (3) months prior to the date upon which there
will not be sufficient funds to pay premiums. It shall be the
individual retiree's responsibility either to insure that there
are sufficient sick leave dollars available to pay premiums or to
make premium payments at least one (1) month in advance, to
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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 the further option to terminate such
coverage following the provision of thirty (30) days written
notice to the CITY, whereupon any funds due and owed to him/her
for unused sick leave benefits that have not been exhausted to
pay these health insurance premiums shall be paid in a lump sum
to the retired employee within thirty (30) days following receipt
by the CITY of such notice. Once a retired employee elects to
terminate such coverage, he/she shall be precluded from securing
it at a later date at the group rate.
B. Public Employees' Retirement System Reimbursement and Reporting
1. Employee's Contribution - Each safety employee covered by this MOU
shall continue to be reimbursed an amount equal to nine percent (9%)
of the employee's base salary as the CITY's payment toward the
employee's contribution to the Public Employees Retirement System.
Each non -safety employee shall continue to be reimbursed an amount
equal to seven percent (7%) of their PERS contribution.
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.
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Should any ruling by either the PERS or other State or Federal
agency nullify the benefit authorized above, the CITY and the
ASSOCIATION agree to reopen negotiations regarding wages and
salaries.
2. "Rollover"
a. PERS "Pickup" -..Each employee eligible for service retirement may
have his/her PERS pickup reported as compensation for all or any
part of any twenty-four (24) month period prior to his/her
service retirement date upon written request to the Finance
Director. Such modified reporting shall be limited to a maximum
period of twenty-four (24) months preceding retirement
(Government Code Section 20022). Requests for retroactivity, if
permitted by PERS, will be decided on an individual request basis
and shall require the approval of the Personnel Director.
b. Vacation Accrual - Each employee, eligible for service
retirement, may have his/her vacation accrual converted to salary
for all or any part of the twelve (12) month period to his/her
service retirement date upon written request to the Director of
Finance. Salary received from such conversion shall be reported
to PERS �as part of Base Salary. Such modified.reporting shall be
for a maximum of twenty-four (24) months.
3. Reporting of Base Salary
Provisions of the Level Pay Plan, Article VII.C, shall be used for
purposes of reporting the bi-weekly pay of twenty-four hour shift
employees to the Public Employees Retirement System (PERS).
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C. Reinstatement Privileges for Disability Retirees — Whenever the
retirement benefits of an employee who has received a disability
retirement are revoked by PERS on the grounds that the employee is no
longer disabled from performing the duties of the position held at the
time of retirement, the CITY shall immediately reinstate such employee
at his former position and pay step, upon application thereof by said
employee.
ARTICLE X — LEAVE BENEFITS
A. Leave with Pay
1. Vacation — The purpose of annual vacation is to provide a rest
period which will enable each employee to return to work physically
and mentally refreshed. All employees shall be entitled to annual
vacation, with pay, in accordance with this Article.
a. Accrual — Permanent, full time employees shall accrue annual
vacations at the following rates:
For the first four (4) years of continuous service, vacation
time shall be accrued at the rate of one hundred and twelve
(112) hours per year.
After four (4) years of continuous service to the completion
of nine (9) years of continuous service, vacation time shall
be accrued at the rate of one hundred thirty six (136) hours
per year.
After nine (9) years of continuous service to the completion
of fourteen (14) years of continuous service, vacation time
shall be accrued at the rate of one hundred sixty (160) hours
per year.
WPADSERP:108
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6406
After fourteen (14) years of continuous service, vacation time
shall be accrued at the rate of one hundred ninety-two (192)
hours per year.
Employees with twenty (20) years of continuous service as of
July 9, 1988 shall accrue vacation time at a rate of 205.72
hours per year.
Vacation allowance shall not be accumulated in excess of three
hundred twenty (320) hours.
b. Conversion Factor - The conversion factor for vacation usage for
twenty-four (24) hour shift personnel shall be .7143.
c. Eligibility and Permission - No vacation may be taken until the
completion of six (6) month's of employment. No employee shall
be permitted to take a vacation in excess of actual time earned
and no employee shall take vacation that is being accrued while
the employee is on vacation. Vacations shall be taken only with
permission of the Fire Chief or 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
eight (8) available vacation absences (referred to as "vacation
slots"). That is, at any one time, there may be eight (8)
persons absent from duty on each such shift due to vacation.
These slots shall be made available by rank, two (2) to
Firefighters, two (2) to Engineers, two (2) to Firefighter
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Paramedics and two (2) to Captains. Thereafter, each additional
employee shall be entitled to receive time off for requested
vacation leave, so long as a qualified replacement is available
to serve in his absence.
d. Conversion to Cash - On two (2) occasions during each fiscal
year, each employee shall have the option to convert into a cash
payment up to.a.total of eighty (80) hours, at the forty (40)
hour rate, of earned vacation benefits, provided that no more
than eighty (80) total hours at the forty (40) hour rate of
earned vacation benefits shall be so converted during any one (1)
fiscal year. The employee shall give two (2) week's advance
notice of his/her desire to exercise such option. Vacation
accumulated in excess of three hundred twenty (320) hours at the
forty (40) hour rate shall be paid in cash at the straight time
forty (40) hour rate on the first payday following such
accumulation.
e. Pay -Off at Termination - Except as provided in Section A.l.d. of
this Article, no employee shall be paid for unused vacation other
than upon termination of employment, at which time said
terminating employee shall receive compensation at his/her
current salary rate for all unused, earned vacation to which
he/she is entitled up to and including the effective date of
his/her termination.
2. Sick Leave
a. Accrual - Sick leave accrual shall be in accordance with Rule
18-9 of the CITY's Personnel Rules. Employees covered by this
MOU shall accrue sick leave at the rate of 3.6923 hours per pay
Period. The conversion factor for sick leave usage for
twenty-four (24) hour shift personnel shall be .7143.
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b. Pay -Off at Termination - Upon termination for reasons other than
for industrial disability retirement, employees shall be paid (or
have paid on their behalf as provided in Article IX.A.3.b) at
their current salary rate for twenty-five percent (25%) of
unused, earned sick leave from four hundred eighty (480) through
seven hundred twenty (720) hours, and for fifty percent (50%) of
all unused, earned sick leave for hours in excess of seven
hundred twenty (720) hours.
Upon termination for industrial disability retirement, employees
shall be paid (or have paid on their behalf as provided in
Article IX.A.3.b.) at their current salary rate for twenty-five
percent (25%) of unused, earned sick leave from zero (0) through
four hundred eighty (480) hours, and for fifty percent (50%) of
all unused, earned sick leave in excess of four hundred eighty
(480).
c. Utilization in Conjunction with Industrial Disability Leave -
Sick leave cannot be used to extend absences due to work related
(industrial) injuries or illnesses.
3. Family Sick Leave
a. Twenty -Four (24) Hour Shift Employees - Twenty-four (24) hour
shift employees shall be entitled to charge up to three (3)
shifts per year of sick leave for family sick leave as presently
defined in the City Personnel Rules, where the attendance of the
employee is required.
b. All Others,.- Other employees shall be entitled to family sick
leave in accordance with Rule 18-8(d) of the CITY's Personnel
Rules.
c. Authorization - The Fire Chief may authorize an employee to
charge additional sick leave for family sick leave in the event
of serious illness of an employee's dependent(s), where warranted
by the circumstances.
WPADSERP:1O8
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6406
4. Bereavement Leave - Employees shall be entitled to bereavement leave
not to exceed two (2) work shifts for those employees on the
twenty-four (24) hour work schedule, or three (3) work shifts for
all other employees in each instance of death in the immediate
family. Immediate family is defined as father, mother, sister,
brother, spouse, children, grandfather, grandmother, stepfather,
stepmother, stepgrandfather, stepgrandmother, grandchildren,
stepsisters, stepbrothers, mother-in-law, father-in-law,
brother-in-law, sister-in-law, stepchildren, or wards of which the
employee is the legal guardian.
5. Association Business - During the term of this MOU, authorized
representatives of the ASSOCIATION shall be entitled to receive up
to a total of three hundred seventy-five (375) collective hours
without any loss of compensation per contract year to be utilized
for lawful ASSOCIATION activities.
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.
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6406
ARTICLE XII - MISCELLANEOUS
A. Fire Department Promotional Exams
Policy D-10 - Promotional examinations shall be held in accordance
with the provisions of Policy D-10, dated 4-5-91, of the Huntington
Beach Fire Department Organization Manual. Policy D-10 may be modified
by mutual agreement of the parties at any time during the term of this
MOU."
B. Living Quarters - CITY shall provide necessary kitchen, living and
sleeping quarters in the several fire stations and shall continue to
provide facilities for. ASSOCIATION. meetings.
C. Paychecks
1. Bi-Weekly Pay - Salary shall be paid on a biweekly basis. By mutual
consent of CITY and 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 pay day at the
Joint Powers Training Center, except in the case of unforeseen
circumstances beyond the control of 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 contain an itemization of the nature and the purpose of each
deduction withheld from the employee's gross earnings.
3. Vacation Paycheck - Each employee shall, at his option, by written
notice to the CITY Finance Director, given at least two (2) weeks
prior to the commencement of said employee's scheduled vacation, be
entitled to receive his earned vacation pay, less deductions in
advance of said vacation. Said right to receive advance payment of
earned vacation pay shall be limited to one such advancement during
each calendar year.
-36-
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6406
D. Medical Examination for Reserve Firefighters - Reserve Firefighters who
complete one (1) full year of satisfactory service with the Huntington
Beach Fire Department shall be reimbursed for one-half (1/2) of the
cost of any medical examination required by the Fire Department as a
condition of becoming a Reserve Firefighter. The medical examination
must have been conducted no earlier than sixty (60) days prior to
appointment as a Reserve Firefighter.
E. Class "B" Driver's License
Employees required by the City to obtain a State of California Class
"B" or Class "B" Firefighter Restrictive Driver's License will be
reimbursed for fees paid to the California Department of Motor Vehicles
to obtain the Class "B" Firefighter Restrictive Driver's License.
F. Adopted Documents - The following documents are adopted and
incorporated herein by reference:
1. Plan Document - Health Net
2. Plan Document - Family Health Plan
3. Employee Health Plan Document
4. Delta Care Policy #4002
5. Delta Dental Policy #4729
6. Vision Care Plan
7. Bankers Life and Casualty Company - Policy #SR83,556-50
B. Standard Insurance Company - Policy 332175-F
9. Retiree Medical Plan
ARTICLE XIII - MANAGEMENT RIGHTS
Except as expressly abridged or modified herein, the CITY retains all rights,
powers and authority with respect to the management and direction of the
performance of fire services and the work forces performing such services.
Such rights include, but are not limited to, determination of the merits,
necessity, level or organization of fire services, the necessity for overtime,
number and location of work stations, nature of work to be performed,
contracting for any work or operation, reasonable employee performance
-37-
WPADSERP:108
6406
standards, including reasonable 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 HOU
This Memorandum of Understanding shall be in effect commencing on October 1,
1990, and ending at midnight on September 30, 1993. 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.
—38—
WPADSERP:108 6406
ARTICLE XV - CITY COUNCIL APPROVAL
It is the understanding of CITY and ASSOCIATION that this Memorandum of
Understanding is of no force or effect whatsoever unless and until adopted by
resolution of the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this 15th day of July 1992.
By
By.
CITY OF HUNTINGTON BEACH
FAp',-0ief
i* Administr
Chief/ Negotiator
APPROVED AS TO FORM:
By_
all Hutton, City Attorney
HUNTINGTON BEACH FIREFIGHTER'S
ASSOCIATI N
BY(3j�- 1)
resident U,
By /je-0 e �S' -
Negq- i ati ng Committee Mem�,er
ti n4-C-e—ai t t e e
ti ata nc,`-Cogi.if t t e e
B y i " 7
N oti g Committee Member
By ;?1'z'k . ��%y
Board Member
By ' .I /
Fitie Assoc/tl Attorn
moll
WPADSERP:108
6406
EXHIBIT A
EMPLOYER -EMPLOYEE RELATIONS RESOLUTIONS
7.3 Personnel Director Motion of Unit Modification - The Personnel
Director may propose, during the same period for filing a Petition for
Decertification, that an established unit be modified in accordance with the
following procedure:
a. The Personnel Director shall give written notice of the proposed
unit modification to all employee organizations that may be affected by the
proposed change. Said written notification shall contain the Personnel
Director's rationale for the proposed change including all information which
justifies the change pursuant to the criteria established in Section 6-5 for
Appropriateness.of Units. Additional.ly, the Personnel Director shall provide
all affected employee organizations with all correspondence, memoranda, and
other documents which relate to any input regarding the unit modification
which may have been received by the CITY or from affected employees and/or
sent by the CITY to affected employees;
b. Following receipt of the Personnel Director's proposal for unit
modification any affected employee organization shall be afforded not less
than thirty (30) days to receive input from its members regarding the proposed
change and to formulate a written and/or oral response to the motion, for unit
modification to the Personnel Commission;
c. The Personnel Commission shall conduct a noticed Public Hearing
regarding the motion for unit modification at which time all affected employee
organizations and other interested parties shall be heard. The Personnel
Commission shall make a determination regarding the proposed unit modification
which determination may include a granting of the motion, a denying of the
motion, or other appropriate orders relating to the appropriate creation of
bargaining units. Following the Personnel Commission's determination of the
composition of the appropriate unit or units, it shall give written notice of
such determination to all affected employee organizations;
d. Any party who chooses to appeal from the decision of the Personnel
Commission is entitled to appeal in accordance with the provision of Section
14-4 of Resolution Number 3335.
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WPADSERP:108
EXHIBIT B
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE
EFFECTIVE OCTOBER 1. 1990
JOB NO.
TITLE
RNG
A
B
C
D
E
6432
Fire Controller
NE
376
2467
2602
2746
2896
3056
6434
Fire Controller Leadworker
NE
403
2822
2978
3141
3314
3496
4432
Firefighter
NE
394
2697
2846
3002
3167
3340
2460
Supvg. Fire Controller
EX
451
3581
3779
3987
4207
4439
3430
Fire Engineer
NE
419
3056
3224
3401
3588
3786
3434 *
Fire Engineer Paramedic
NE
439
3377
3562
3758
3964
4183
4428
Firefighter Paramedic
NE
427
3181
3356
3539
3734
3938
4430 *
Fire Protection Specialist
EX
427
3181
3356
3539
3734
3938
1480
Fire Captain
EX
451
3581
3779
3987
4207
4439
1483 *
Fire Captain Paramedic
EX
473
3999
4219
4451
4696
4954
1430 *
Deputy Fire Marshal
EX
473
3999
4219
4451
4696
4954
6,
EFFECTIVE SEPTEMBER 29. 1991
JOB NO. TITLE
6432
Fire Controller
6434
Fire Controller Leadworker
4432
Firefighter
2460
Supvg. Fire Controller
3430
Fire Engineer
3434
* Fire Engineer Paramedic
4428
Firefighter Paramedic
4430
* Fire Protection Specialist
1480
Fire Captain
1483
* Fire Captain Paramedic
1430
* Deputy Fire Marshal
* Designates Assignments
RNG
A
B
C
D
E
NE
386-
2591
2733
2884
3044
3212
NE
413
2964
3127
3299
3481
3671
NE
404
2836
2992
3156
3330
3513
EX
461
3767
3973
4191
4422
4664
NE
429
3210
3387
3572
3768
3976
NE
449
3546
3742
3949
4165
4394
NE
437
3342
3526
3720
3924
4141
EX
437
3342
3526
3720
3924
4141
EX
461
3767
3973
4191
4422
4664
EX
483
4205
4436
4680
4937
5209
EX
483
4205
4436
4680
4937
5209
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WPADSERP:108
6406
Y
EXHIBIT B
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE
EFFECTIVE OCTOBER 4. 1992
OB NO.
TITLE
RNG
A
B
C
D
E
6432
Fire Controller
NE
398
2753
2903
3063
3231
3409
6434
Fire Controller Leadworker
NE
425
3149
3323
3505
3697
3900
4432
Firefighter
NE
418
3042
3208
3385
3571
3767
2460
Supvg. Fire Controller
EX
473
3999
4219
4451
4696
4954
3430
Fire Engineer
NE
441
3411
3598
3796
4004
4224
3434 *
Fire Engineer Paramedic
NE
461
3767
3973
4191
4422
4664
4428
Firefighter Paramedic
NE
449
3546
3742
3949
4165
4394
4430 *
Fire Protection Specialist
EX
449
3546
3742
3949
4165
4394
1480
Fire Captain
EX
473
3999
4219
4451
4696
4954
1483 *
Fire Captain Paramedic
EX
495
4463
4709
4968
5242
5529
1430 *
Deputy Fire Marshal
EX
495
4463
4709
4968
5242
5529
Designates Assignments
WPADSERP:108
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6406
(FIRE)
EXHIBIT "C"
HEALTH PLAN CHANGES
I. PCS Changes: Effective l/l/92
1. Increase co -payments from $4 to $5 for generics and from $6 to
$8 for non -generics.
2. Change dispensing limit from 100 days to 34 days, or to 90 days
for mail order prescriptions.
II. Medical P1an'Changes: Effective l/l/92
A. Increase maximum out-of-pocket expense (excluding deductible) from
$750 to $1,000 per year for active employees and $2,000 per year
for families of same, (maximum per family
B. Eliminate Supplemental Accident benefit (expenses covered same as
any other medical expenses).
C. Modify In -Patient Hospitalization (current = 100%) and Major
Medical (current = 80%) as follows:
"Plan will cover 90% of covered expenses, after deductible is met,
for Preferred Provider In -patient Hospitalization costs and
Preferred Provider Major Medical expenses and 100% of covered
expenses after the employee has reached the out-of-pocket expense
maximum of,,$1,000 (up to the Plan maximum). If a non -Preferred
Provider is utilized, the plan will pay 80% on the same basis."
D. Establish chiropractic limits as follows:
"Benefits are provided under Major Medical to a maximum of 24
treatments per year or $2,000, whichever is greater. Said limits
are per person and commence January 1 of each year."
E. Second Opinion Surgical Program - delete Part VIII E3 from the
Employee Health Plan:
"Once a second opinion is obtained and the individual elects to
have the surgery, the normal benefit will be paid irrespective of
the content of the second opinion."
III. Indemnity Dental Plan Change - Modify fee for service plan (Delta
Dental) to include a $25.00 deductible per person per year, effective
l/l/92.
IV. Optical Plan Change - Increase optical plan benefits to provide one
pair of new eyeglasses every twelve (12) months instead of twenty-four
(24) months, effective 1/l/91.
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WPADSERP:108 6406
EXHIBIT "C"
HEALTH PLAN CHANGES
CONTINUED
V. Retiree Medical
A. Plan document shall be as revised and submitted to the Association
on May 15, 1991.
B. A revised length of service/benefit scheduled as follows:
Maximum Monthly Payment
for
Retirements After:
Years of Service
10/1/87 10/l/88
10/l/89
10
$ 40 $ 80
$121
11
44 88
132
12
48 97
145
13
53 105
158
14
57 113
170
15
61 122
182
16
65 130
195
17
69 138
207
18
73 146
220
19
77 155
232
20
81 163
244
21
86 171
257
22
90 179
269
23
94 188
282
24
98 196
294
25
102 204
306
26
106 213
319
27
110 221
331
28
115 229
344
/O1/92
$121
136
151
166
181
196
211
226
241
256
271
286
300
315
330
344
C. Increase maximum out—of—pocket expense (excluding deductible) from
$1,000 to $1,500 per person/$3,000 per family per year for retirees
(subsidized plan).
D. PCS changes, effective l/l/92. Co —payments and dispensing limits
will be consistent with those established for plan members who are
active employees (see Item D.
—44—
WPADSERP:108
EXHIBIT D
CHANGES TO PERSONNEL RULES
Rule 5-14 — Promotional Examinations — Promotional Examinations may be
conducted whenever, in the opinion of the Personnel Director, after
consultation with the department head, the need of the service so requires;
provided, however, a promotional examination may not be given unless there are
two (2) or more candidates eligible. Only employees- who meet the requirements
for the vacant position may compete in promotional examinations. Promotional
examinations may include any of the selection techniques, or any combination
thereof, mentioned in Section 5-13. Additional factors including, but not
limited to, performance rating and length of service may.be considered. A
promotional employment list shall be established after the administration of a
promotional examination, and such list shall contain the name(s) of those that
passed the examination.
Rule 5-20 — Duration of Employment Lists — Employment lists shall remain in
effect for one (1) year from the date of the last examination, unless sooner
exhausted. Promotional lists and entry level employment lists may be extended
prior to expiration date by the Personnel Director when requested by the
Department Head, for additional periods but in no event shall an employment
list remain in effect, for more than two (2) years. Names placed on such lists
shall be merged with others already on the list in order of scores.
Amend Personnel Rule 8-3 — Layoffs — The City and the Association agree that
the first sentence in Personnel Rule 8-3 shall be modified to read as
follows: Layoff shall be made in accordance with the relative length of the
last period of continuous service of the employees in the class of layoff,
provided, however, that no permanent employee shall be laid off until all
temporary, acting and probationary employees in the competitive service
holding positions in the same class in the same department are first laid off.
Rule 8-11 — Reemployment — With the approval of the Personnel Director, an
employee who has resigned in good standing from the competitive service may be
reemployed to his/her former position, if vacant, or to a vacant position of
the same or a comparable class within one (1) year from date of resignation in
accordance with Rule 5-21. If such reemployment commences within ninety days
of the effective date of resignation, the employee shall not be considered a
new employee for vacation and seniority purposes.
—45—
WPADSERP:108
CA f)
EXHIBIT 0
(Continued)
Rule 18-19 - Maternity Leave - The City and Association agree to modify the
present Personnel Rule 1.8-19 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 Personnel Director."
Delete: "Female" - Six months
Amend Personnel Rule 18-20 to include Medical Leave of Absence - 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.
Rule 19=5. Step 4 - City Administrator - If the grievance is not settled under
Step 3, the grievance may be presented to the City Administrator in accordance
with the following procedure: Within fifteen (15) days after the time the
decision is rendered under Step 3 above, a written statement of the grievance
shall be filed with the Personnel Director who shall act as hearing officer
and shall set the matter for hearing within fifteen (15) days thereafter and
shall cause notice to be served upon all interested parties.
The Personnel Director, or his representative, shall hear the matter de novo
and shall make recommended findings, conclusions and decisions in the form of
a written report and recommendation to the City Administrator within five (5)
days following such hearing. The City Administrator may, in his discretion,
receive additional evidence or argument by setting the matter for hearing
within ten (10) days following his receipt of such report and causing notice
of such hearing to be served upon all interested parties.
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WPADSERP:108
6406
4 . ..
EXHIBIT D
(Continued)
Within five (5) days after receipt of report, or the hearing provided for
above, if such hearing is set by the City Administrator, the City
Administrator shall make written decision and cause such to be served upon the
employee or employee organization and the Personnel Director.
Rule 19-50) - Hearing - As soon.as practicable thereafter, the Personnel
Director shall set the matter for hearing before a hearing officer either
selected by mutual consent of the parties or from a list provided by the
Personnel Commission. Ratification of the hearing officer selected by mutual
consent of the parties, if from a list approved by the Personnel Commission,
shall not require separate approval or ratification by the Personnel
Commission. The hearing officer shall hear the case and make recommended
findings, conclusions and decision in the form of a written report and
recommendation to the Personnel Commission. In lieu of the hearing officer
process, the Personnel Commission may agree to hear a case directly upon
submission of the case by mutual consent of the parties.
Rule 21-7 - Hearing Officers - The hearing officer provided for in Rules 19
and 20 shall be,from a list provided by the Personnel Commission or one
selected by mutual consent of the parties.
Rule 21-13 - Extension of Time for Processing Grievances - The City and the
employee, or employee organization may, by mutual consent, extend the time
period within which an act must occur in the processing of grievances.
WPADSERP:108
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6406
Res. No. 6406
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council
at a regular
meeting thereof held on the 20th day
of July , 19 92 , by the following vote:
AYES: Councilmembers:
5
Robitaille, Winchell, Silva, MacAllister, Kelly
NOES: Councilmembers:
Green
ABSENT: Councilmembers:
Moulton -Patterson
i y Llerk ana ex-officioerk
of the City Council of the City
of Huntington Beach, California