HomeMy WebLinkAboutHBFMA - Fire Management Association - 1999-01-01ttsn<ss-i°QW w7e
xeo,41.
Council/Agency Meeting Held:
Deferred/Continued to:
lrov d nditionally A oved ❑ Denied
Ov rt Clerk's Signature
Council Meeting Date: January 18, 2000
Department ID Number: AS 00-005
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administratora2a
PREPARED BY: JOHN P. REEKSTIN, Administrative Services Director �1`--
SUBJECT: APPROVE THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY AND THE FIRE MANAGEMENT ASSOCIATION F'.E3, 1
F
tatement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Should the City and the Fire Management Association enter into a
Memorandum of Understanding covering a two year period from December 25, 1999 through
December 21 2001?
Funding Source: Funding is included in the FY 99/00 and 00/01 budgets
Recommended Action: Approve the Memorandum of Understanding with the Fire
Management Association by adopting Resolution No..'000 - g
Alternative Action(s): Refer back to the meet and confer process to modify the proposed
memorandum of Understanding with the Fire Management Association.
Analysis: Representatives of the City and the Fire Management Association (FMA) have
completed the meet and confer process with agreement on a Memorandum of Understanding
(MOU) for a two year period beginning December 25, 1999. The agreement includes a four
percent salary increase on December 25, 1999 and a three percent increase on December
23, 2000.
In December 1999, the Fire Division Chiefs and the Fire Battalion Chiefs formed the Fire
Management Association. Through the meet and confer process, the City and the FMA
agreed to adopt the classification and salary recommendations contained in the Johnson and
Associates study. FMA agreed to specific medical cost containment proposals in exchange
for an increase in the City contribution for health benefits. Both parties agreed to re -open
discussions in July 2000 to explore additional health cost containment issues for the year
2001. The City agreed to allow the use of sick leave, vacation and compensatory time to
fathers to care for newborn or newly adopted children. The FMA agreed to specific City
proposal changes to Personnel Rules to more expeditiously administer the City's Personnel
System. FMA agreed to implement the`City's FleetManagement Program and redefined the
F-3
0
�UEST FOR COUNCIL ACTION
MEETING MEETING DATE: January 18, 2000
DEPARTMENT ID NUMBER: AS 00-005
criteria to qualify for compensatory time. A general leave program was agreed to that
reduces sick leave liability. The City also agreed to establish an IRS 125 Flexible Spending
Account, whereby pre -taxed wages may be used for medical and dependent care expenses.
A summary of the negotiated items is included as attachment #1.
Environmental Status:
Attachment(s):
1. Summary of negotiated items
2. Resolution to adopt the Memorandum of U derstanding
Rz5 No, 2Qoo - 9
3. Memorandum of Understanding between the City of Huntington Beach
and the Fire Management Association for January 1, 2000 through
December 31, 2001
4. Legislative Draft — Memorandum of Understanding between the City of
Huntington Beach and the Fire Management Association.
RCA Author: William H. Osness
RCA for FMA.doc -2- 01/10/00 4:23 PM
WMMARY AGREEMENO
F MA/C I TY
• Term
° A two-year term from December 25, 1999 through December 21, 2001.
❖ Salary
4% increase effective December 25, 1999
3% increase effective December 23, 2000
❖ Classification Changes
Adopt the classification and compensation recommendations as prepared by
Johnson and Associates.
❖ Health
Year 2000 Premiums
The City's contribution to medical, dental and vision shall be no more than the
premium maximum for employee only, employee plus one, and employee plus
family. Except that employees hired on or after December 27, 1997 shall
receive a city contribution toward medical at no more than the year 2000
premium of the HMO for each category.
Year 2001 Premiums
The City will contribute two-thirds of the increase in the premium to the City
medical plan and fifty percent of the increase in the HMO. In the event that all
other employee groups agree to one HMO for the year 2001; the City shall
contribute one hundred percent towards the HMO premium increase in the year
2001. The City shall contribute the full cost of the premium for dental and vision
for the year 2001.
Cost Containment
On January 1, 2001, the City medical plan shall be modified as follows:
• The Annual deductible shall be increased from $150 to $250 per individual
and $450 to $500 per family.
• Increase the annual out-of-pocket maximum from $1,000 individual, $2,000
family to $2,000 individual, $4,000 family.
Medical Cash -out
Allows an employee who is covered by a medical program outside of a City -
provided program to elect to drop City medical coverage and receive $200 per
month to deposit into their deferred compensation account or any other pre-tax
program offered by the City.
❖ Paternity Leave
Fathers will be able to utilize accumulated sick leave in addition to vacation,
compensatory, and administrative leave to care for their newborn or adopted
child up to a total of four weeks.
STMMARY AGREEMEN11*
FMA/CITY
❖ Deferred Compensation Loans
Employees will be able to borrow up to 50 percent of their deferred
compensation funds for critical needs such as medical costs, college tuition, or
purchase of a home.
❖ IRS Section 125 Program
Develop an IRS Section 125 Program, where employees may use
pre-tax dollars to pay for annual dependent care and/or medical
expenses.
❖ Rule Changes
Rule 5-4 Order of Certification
Allows for re -recruitment even in instances where a list of five or more eligible
candidates exists.
Rule 7-2 Causes for Discipline
Brings causes for discipline involving drug addiction, moral turpitude, or
employee strikes into compliance with existing law in these areas.
Rule 8-1 Fitness for Duty
Provides for a systematic procedure for the determination of employees' mental
or physical ability to perform their jobs.
Rule 12-10 Temporary Employee Definition
Standardizes the period temporary employees may work at 1000 hours.
Rule 14-6 Two -Step Advancement
Salary advancement to address recruiting issues. Allows the department head,
through the Human Resources Officer, to provide for advanced salary step
adjustments with the approval of the City Administrator.
Rule 18-16 Industrial Accident Leave
Limits the recovery time to return to work from a qualifying injury or illness to
twelve months. The period cannot be extended due to additional injuries or
assignments to light duty work.
Rule 18-25 Holiday Leave Definition Deletion
Eliminates confusion over City -observed holidays by eliminating reference to
holidays in the Personnel Rules.
Rule 20 Discipline Procedure
Formalizes the state -mandated due process hearing procedure in disciplinary
matters.
OWMARY AGREEME*
FMA/CITY
❖ Fleet Management Program
Agreement to implement the City's Fleet Management Program.
❖ Administrative Leave
Redefines the criteria in which administrative leave/compensatory time is
earned.
❖ General Leave
Reduces sick leave liability by adding eight general leave days to existing
vacation per year, while eliminating future sick leave accrual.
❖ Long Term Disability (LTD)
Reduces the waiting period from 60 to 30 days to qualify for LTD pay.
�j
•
ATTACHMENT
• •
RESOLUTION NO. 2 0 0 0- 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION (FMA)
AND THE CITY OF HUNTINGTON BEACH
FOR 12/25/99 THROUGH 12/21/01
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 Fire Management Association ("FMA"), 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 December 25, 1999, through December 21, 2001.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18 th
ATTEST:
City r1jrk
REVIEWED AND APPROVED:
City Admi istrator
day of Janua
APPROVED AS TO FORM:
t-,"4La�—
/Vity Attorney ) I _ 1 _ o 0
` /U —UI} h—
INITIATED AND APPROVED:
DVctor'of Administrative Services
adl/00reso/FMA
RLS 00-015 - 01 /07/00
Resolution 2000-8
DIRE MANAGEMENT ASSOCIATIS
1999/2001 MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Page
PREAMBLE.................................................................................................................................................................1
ARTICLE I — TERM OF MOU..................................................................................................................................I
ARTICLE II — REPRESENTATIONAL UNIT........................................................................................................1
ARTICLEIII — SEVERABILITY..............................................................................................................................2
ARTICLE IV — SALARY SCHEDULES AND RETIREMENT.............................................................................2
A. MONTHLY COMPENSATION..............................................................................................................................2
B. PERS PicxuP...................................................................................................................................................3
C. SELF FUNDED SUPPLEMENTAL RETIREMENT BENEFIT.....................................................................................3
D. MEDICAL INSURANCE UPON RETIREMENT.......................................................................................................3
E. PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING.............................................4
1. Level I Survivors Benefits...........................................................................................................................4
2. Rollover......................................................................................................................................................4
ARTICLEV — SPECIAL PAY...................................................................................................................................4
A. EDUCATIONAL TUITION...................................................................................................................................4
B. HOLIDAY PAY-IN-LIEU....................................................................................................................................4
ARTICLE VI — UNIFORMS......................................................................................................................................5
ARTICLE VII — WORK SCHEDULE/COMPENSATORY PAY/TIME OFF......................................................5
A.
WORK SCHEDULE.............................................................................................................................................5
B.
ADMINISTRATIVE LEAVE/COMPENSATORY PAY..............................................................................................5
ARTICLE VIII — HEALTH AND OTHER INSURANCE BENEFITS
..................................................................6
A.
HEALTH............................................................................................................................................................6
1.
Medical.......................................................................................................................................................6
2.
Dental..........................................................................................................................................................7
3.
Optical........................................................................................................................................................
7
B.
ELIGIBILITY CRITERIA AND COST.....................................................................................................................7
1.
City Paid Medical and Dental Insurance - Dependen_ts.............................................................................
7
2.
City's Contribution to Health Insurance Premiums...................................................................................
7
3.
Section 125 Plan.........................................................................................................................................8
C.
LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT...................................................................................8
D.
LONG TERM DISABILITY INSURANCE...............................................................................................................9
E.
MISCELLANEOUS..............................................................................................................................................9
1.
City Paid Premiums While on Medical Disability......................................................................................9
2.
Insurance Benefits Advisory Committee.....................................................................................................9
3.
Health Plan Over-Payments.......................................................................................................................9
4.
Federal Health Plan.................................................................................................................................10
99-01 FMA MOU.doc i 01/10/00 4:42 PM
Resolution 2000-8
OREEMANAGEMENT ASSOCIATIO
1999/2001 MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Page
ARTICLEIX - LEAVE BENEFITS........................................................................................................................10
A. GENERAL LEAVE............................................................................................................................................10
1. Accrual.....................................................................................................................................................10
2. Eligibility and Approval...........................................................................................................................11
3. Receipt of Pay Check Prior to General Leave..........................................................................................11
4. Conversion to Cash................................................................................................................................... I I
B. SICK LEAVE................................................................................................................................................... I I
C. BEREAVEMENT LEAVE...................................................................................................................................13
ARTICLEX — CITY RULES....................................................................................................................................14
A. PERSONNEL RULES.........................................................................................................................................14
ARTICLE XI -- MISCELLANEOUS......................................................................................................................31
A. VEHICLE POLICY............................................................................................................................................31
B. DEFERRED COMPENSATION LOAN PROGRAM................................................................................................31
ARTICLE XII — CITY COUNCIL APPROVAL....................................................................................................32
LISTOF MOU EXHIBITS.......................................................................................................................................33
EXHIBIT A - FIRE MANAGEMENT ASSOCIATION SALARY SCHEDULE................................................34
EXHIBIT B — RETIREE SUBSIDY MEDICAL PLAN.........................................................................................35
EXHIBIT C — EMPLOYEE HEALTH PLAN BROCHURE................................................................................43
EXHIBIT D — DELTA CARE (PMI) DENTAL PLAN BROCHURE..................................................................44
EXHIBIT E — DELTA DENTAL PLAN BROCHURE..........................................................................................45
EXHIBIT F — SAFEGUARD DENTAL PLAN BROCHURE...............................................................................46
EXHIBIT G — VISION (VSP) PLAN BROCHURE...............................................................................................47
99-01 FMA MOU.doc ii 01/10/00 4:42 PM
Resolution 2000-8
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
(Herein Called CITY)
AND
THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
(Hereinafter Called ASSOCIATION)
PREAMBLE
WHEREAS the designated representative of the City of Huntington Beach and the
Huntington Beach Fire Management Association have met and conferred in good faith
with respect to salaries, benefits and other terms and conditions of employment for the
employees represented by the Association;
Except as expressly provided herein, the adoption of this Memorandum of
Understanding shall not change existing terms and conditions of employment which
have been established for the classification represented by the Huntington Beach Fire
Management Association.
NOW THEREFORE, this Memorandum of Understanding is made, to become effective
December 25, 1999 and it is agreed as follows:
ARTICLE 1— TERM OF MOU
This Agreement shall be in effect for a period of two (2) years commencing
December 25, 1999 and ending at midnight on December 21, 2001.
ARTICLE II — REPRESENTATIONAL UNIT
It is recognized that the Huntington Beach Fire Management Association is the
employee organization which has the right to meet and confer in good faith with the City
on behalf of represented employees of the Huntington Beach Fire Department within
the classification titles of Fire Division Chief and Fire Battalion Chief as outlined in
Exhibit A attached hereto and incorporated herein.
The City and the Association agree to implement for the term of this agreement the
following change to the Employee/Employer Relations Resolution and accordingly
revise Section 7 of said resolution as described herein:
The proposed change to the Employer -Employee Relations Resolution is as follows:
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:
AORANDUM OF UNDERSTAND Resolution 2000-8
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
1. The Personnel Director shall give written notice of the proposed
modification(s) to any affected employee organization and any affected
employees.
2. The Personnel Commission shall hold a meeting concerning the proposed
modification(s) at which time all affected employee organizations and
employees shall be heard:
3. Thereafter, the Personnel Commission shall determine the composition of the
appropriate unit or units and shall give written notice of such determination to
the affected employee organizations and any affected employees.
The City Administrator, employee organization or employee aggrieved by an
appropriate unit determination of the Personnel Commission may, within ten
(10) days of notice thereof, request a review of such determination by the City
Council. Within thirty (30) days of receipt of a request to review a unit
determination of the Personnel Commission the City Council shall review the
matter. The City Council's decision shall be final.
4. Except as provided otherwise in this MOU, the salary benefit and working
conditions specified by this MOU shall be provided to employees in
classifications listed in Exhibit A and have completed or are in the process of
completing a probationary period in a permanent position in the competitive
service in which the employee regularly works twenty hours or more per
week.
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 be 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 AND RETIREMENT
A. Monthly Compensation
Employees shall be compensated at monthly salary rates by classification title
and salary ranges during the term of this Agreement as set out in Exhibit A
attached hereto and incorporated herein unless expressly provided for in other
articles of this Memorandum of Understanding.
99-01 FMA MOU.doc 01/10/00 4:42 PM
2
*MORANDUM OF UNDERSTAND Resolution 2000-8
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
B. PERS Pickup
Each employee covered by this Agreement shall be reimbursed once every two
weeks in an amount equal to 9% of the employee's base salary and special pay
as a pickup of the employee's contribution, or portion of such contribution, to the
Public Employees' Retirement System. The above PERS pickup is not base
salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code.
C. Self Funded Supplemental Retirement Benefit
Employees hired prior to August 17, 1998 are eligible for the Self Funded
Supplemental Retirement Benefit which provides that:
1. In the event a member elects Option #2 (Section 21333) or Option #3
(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 or her life
alone. This payment shall be made only to the member, shall be
payable by the City during the life of the member, shall be payable by
the City during the life of the member, and upon that member's death,
the City obligation shall cease. The method of funding this benefit shall
be at the sole discretion of the City. This benefit is vested for
employees covered by this agreement. (Note: The options provide the
allowance is payable to the member until his or her death and then
either the entire allowance (Option #2) or one-half of the allowance
(Option #3) is paid to the beneficiary for life).
2. Employees hired on or after August 17, 1998 shall not be eligible for this
benefit referenced in A.1.a. herein above.
D. Medical Insurance Upon Retirement
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
Retirees retiring after approval of this MOU may participate in the
Retiree Medical Plan, attached hereto as Exhibit B, or either of the
HMO Plans currently being offered to retirees, based upon the eligibility
requirements described in Exhibit B.
2. Employees electing to participate in the City's group health insurance
program after retirement may cause the premiums to be paid by the City
out of any available funds due and owing them under the terms of this
99-01 FMA MOU.doc 01/10/00 4:42 PM
3
Resolution 2000-8
it 0.4MORANDUM OF UNDERSTANA
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
agreement for unused sick leave and general leave benefits upon
retirement.
E. Public Employees' Retirement System Reimbursement and Reporting
1. Level 1 Survivors Benefits
Unit employees shall be covered by the 1959 PERS Level 1 Survivor
Benefit.
2. Rollover
No unit employee shall be allowed to continue the rollover benefit
provided in Article XI (13)(2) of the 1991/1993 Management Employees
Organization MOU beyond January 31, 1994.
ARTICLE V — SPECIAL PAY
A. Educational Tuition
1. Educational costs shall be paid to employees on the basis of full refund
for tuition, fees, books and supplies; provided, however, that maximum
reimbursement shall be at the rates currently in effect in the University of
California System or the California State Fire Academy.
2. Upon approval of the Fire Chief and the Director of Administrative
Services, employees may be compensated for actual cost of tuition,
books, fees, at accredited educational institutions that charge higher
rates than the University of California, if it can be demonstrated by the
employee that said educational institutional presents the only accredited
course or program within a reasonable commuting distance of the
employee.
3. Tuition reimbursement shall be limited to job related courses or
approved degree objectives and require prior approval by the Fire Chief
and the Personnel Director.
4. Refunds shall be made when the employee presents proof to the
Director of Administrative Services that he/she has paid such costs and
successfully completed the course.
B. Holiday Pay -In -Lieu
Employees shall be compensated by the City in lieu of the ten listed holidays at
the rate of .0385 of the employee's monthly salary rate set forth in Exhibit A,
payable each and every pay period. The following are the recognized legal
holidays under this MOU:
99-01 FMA MOU.doc 01/10/00 4:42 PM
4
Resolution 2000-8
9MORANDUM OF UNDERSTAND
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
1. New Year's Day (January 1)
2. Martin Luther King's Birthday (third Monday in January)
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. Veteran's Day (November 11)
8. Thanksgiving Day (fourth Thursday in November)
9. Friday after Thanksgiving
10. Christmas Day (December 25)
11. Any day declared by the President of the United States to be a
national holiday, or by the Governor of the State of California to be a
state holiday, and adopted as an employee holiday by the
City Council of Huntington Beach.
Holidays which fall on Sunday shall be observed the following Monday, and
those falling on Saturday shall be observed the preceding Friday.
Employees designated by the Fire Chief who are required to work regular
shifts on the above listed holidays as set forth in this Article, shall not be
entitled to time off or overtime.
Subject to State Law and Regulations, compensation paid as a result of
Article VB shall be reportable to PERS as salary.
ARTICLE VI — UNIFORMS
The City agrees to provide uniforms to employees on active duty who are required to
wear uniforms to the same extent as in the past.
ARTICLE VII — WORK SCHEDULE/COMPENSATORY PAY/TIME OFF
A. Work Schedule
Members assigned to non -suppression staff assignments shall work four (4)
days per week, ten (10) hours each day, meal times to be included during the
ten hour shift.
B. Administrative Leave/Compensatory Pay
1. Members working suppression duties earn compensatory pay or
compensatory time off, on an hour for hour basis, for hours worked in
addition to their regular schedule, subject to the limitations contained in
Article VII.B 3. below.
99-01 FMA MOU.doc 01/10/00 4:42 PM
5
Resolution 2000-8
&MORANDUM OF UNDERSTAAG
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
2. Members shall work thirty-five (35) hours of non -suppression overtime in a
calendar year, before earning compensatory pay or compensatory time off,
on an hour for hour basis, for hours worked in excess of their regular normal
work schedule.
3. Compensatory Pay
a. Compensatory pay is paid at the 40 hours straight time rate for each
hour.
b. Compensatory time earned or earned administrative leave
converted to cash at the member's 40 hour straight time rate.
c. Maximum accrual shall be 120 hours.
ARTICLE Vill — HEALTH AND OTHER INSURANCE BENEFITS
A. Health
1. Medical
a. The City shall continue to provide group medical benefits to all
employees with coverage and benefits comparable to the group
medical plans currently in effect; except that in the year 2001 the
Association agrees that only one HMO may be offered.
b. The coverage and benefits provided under the City Health Plan shall be
as set forth in the Plan Document revised October 1, 1998 and
modified from time to time to comply with changes in law requirements
or the City's stop -loss re -insurance and developments in medicine. The
plan shall be modified effective January 1, 2001 as follows:
1) Annual Deductible — Increase the annual deductible from $150 to
$250 per individual and $450 to $500 per family.
2) Annual Out -of -Pocket Maximum — Increase the amount out-of-
pocket maximum (patient responsibility) from $1,000
individual/$2,000 family to $2,000/$4,000.
c. Re -Opener — The City and Association agree to meet and confer on
year 2001 medical plans and costs beginning July 1, 2000.
2. Dental
99-01 FMA MOU.doc 01/10/00 4:42 PM
6
Resolution 2000-8
SMORANDUM OF UNDERSTANEA
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
2. Dental
The City shall provide an indemnity dental insurance plan comparable to
Delta Dental Plan (Group Policy #4729, Exhibit E) and a prepaid dental
insurance plan comparable to the Delta Care Plan (Group Policy #4002,
Exhibit D).
3. Optical
The City shall provide a Vision Care Plan for employees and their
dependents comparable to the group currently in effect.
B. Eligibility Criteria and Cost
1. City Paid Medical and Dental Insurance - Dependents
The City will assume payment, subject to the limitations set forth in Article
V111.132. for dependent health and dental insurance effective the first of the
month following the month during which the employee completes one (1)
year of full time continuous service with the City. For purposes of
determining continuous service, there shall be no accrual of hours for the
period of time an employee is on a non -pay status for a complete pay
period.
2. City's Contribution to Health Insurance Premiums
a. Employees Hired Prior to August 17, 1998:
Effective January 1, 2000, the City shall pay medical, dental and vision
insurance premiums by category and plan as follows:
Monthly Delta Delta VSP
City Plan Health Net PacifiCare Safeguard
Premium Dental Care (Vision)
I Only 1 $ 283.29 J $ 165.06 1 $ 165.06 1 $ 36.99 1 $ 22.12 1 $ 16.20 1 $ 17.58
nnP 560.18 361.66 361.66 70.65 37.61 29.16 17.58
685.86 I 476.68 I 476.68 I 100.37 I 57.51 I 37.22 I 17.58
99-01 FMA MOU.doc 01/10/00 4:42 PM
7
Resolution 2000-8
9MORANDUM OF UNDERSTAN
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
b. Employees Hired On or After August 17, 1998:
The City's contribution toward medical insurance premiums shall be no
more than the rate set for (1) employee only, (2) employee plus one, or
(3) employee plus family in either of the HMO plans offered by the City.
Should the employee elect to be covered by the City Plan, the City shall
pay an amount equal to the highest HMO rate in the category of
coverage selected by the employee. The employee shall pay the
difference. The City's contribution toward dental and vision insurance
shall be:
Monthly
Delta
Delta
VSP
Premium
Dental
Care''
Safeguard
(Vision)
Employee
Only
$ 36.99
$ 22.12
$ 16.20
$ 17.58
Employee
+ One
70.65
37.61
29.16
17.58
Employee
+' Family
100.67
57.51
37.22
17.58
c. Year 2001 Premiums:
The City will contribute two-thirds of the increase in the premium to the
City medical plan and fifty percent of the increase in the HMO plans. In
the event that all other employee groups agree to one HMO for the year
2001; and the City shall contribute one hundred percent of the HMO
premium increase in the year 2001. The City shall contribute the full
cost of the premium for dental and vision for the year 2001.
d. Medical Cash -Out:
Effective January 1, 2000, if an employee is covered by a medical
program outside of a City -provided program (evidence of which must be
supplied to Administrative Services Department, Personnel Division),
they may elect to discontinue City medical coverage and receive two
hundred dollars ($200) per month to deposit into their Deferred
Compensation account or any other pre-tax program offered by the
City.
3. Section 125 Plan
Effective April 1, 2000, employees may begin utilizing this plan, which
allows employees to use pre-tax salary to pay for regular child care, adult
dependent care and/or medical expenses.
C. Life and Accidental Death and Dismemberment
99-01 FMA MOU.doc 01/10/00 4:42 PM
8
Resolution 2000-8
WORANDUM OF UNDERSTANDIO
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
Each employee under age sixty-five (65) shall be provided with $45,000
accidental death and dismemberment insurance paid for by the City. Each
employee shall have the option, at his or her own expense, to purchase an
additional amount of life insurance in the amount of $25,000, $50,000 or
$100,000. Evidence of insurability is contingent upon total participation in
additional amounts.
D. Long Term Disability Insurance
This program provides, for each incident of illness or injury, a waiting period of
thirty (30) calendar days, during which the employee may use accumulated sick
leave, vacation pay, or the employee may elect to be in a non -pay status.
Subsequent to the thirty (30) day waiting period, the employee will be covered by
an insurance plan paid for by the City, providing 66 2/3 percent of the first
$10,000 of the employee's basic monthly earnings.
The maximum benefit period for disability due to accident or sickness shall be to
age 65.
Days and months refer to calendar days and months. Benefits under the plan
are integrated with sick leave, Worker's Compensation, Social Security and other
non -private program benefits to which the employee may be entitled.. Disability
is defined as: "The inability to perform all of the duties of regular occupation
during two years, and thereafter the inability to engage in any employment or
occupation, for which he is fitted by reason of education, training or experience."
Rehabilitation benefits are provided in the event the individual, due to disability,
must engage in another occupation. Survivor's benefits continues plan payment
for three (3) months beyond death. A copy of the plan is on file in the
Administrative Services Department.
E. Miscellaneous
1. City Paid Premiums While on Medical Disability
When an employee is off work without pay for reason of medical disability,
the City shall maintain the City paid employee's insurance premiums during
the period the employee is in a non -pay status for the length of said leave,
not to exceed twenty-four (24) months.
2. Insurance Benefits Advisory Committee
The City and the Association agree to establish and participate in a city-
wide joint labor and management insurance benefits advisory committee to
discuss and study issues relating to insurance benefits available for
employees.
3. Health Plan Over -Payments
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Unit members shall be responsible for accurately reporting the removal of
ineligible dependents from health plan coverages. The City shall have the
right to recover any premium paid by the City, including premiums to its self -
insured plan, on behalf of ineligible dependents. Recovery of such over-
payments shall be made as follows:
a. Reduction of Employee's Bi-Monthly Salary Warrant
The employee's bi-monthly salary warrant shall be reduced by one-half
of the amount of the bi-monthly over -payment, (e.g., if the over-
payment is $150 a month, the bi-monthly contribution would be $75.
The employee's bi-monthly salary payment shall be reduced by
$37.50). Such reduction shall continue until the entire amount of the
over -payment is recovered.
b. Notice of Ineligible Dependents
The City shall use its best efforts to advise all unit members of their
obligation to report changes in the status of dependents which affect
their eligibility.
c. Twelve Month Recovery Period
The City shall be entitled to recover a maximum of twelve (12) months
of premium over -payments. Neither the employee nor the dependent
shall be liable to the City other than as provided herein.
4. Federal Health Plan
In the event the Federal Government enacts a Federal Health Plan that
includes public employees and becomes effective during the life of this
agreement, the parties agree to reopen the Health and Welfare Article and
meet and confer regarding the impact of that plan implementation.
ARTICLE IX - LEAVE BENEFITS
A. General Leave
1. Accrual
Effective December 24, 1999, employees will cease to accrue sick leave
and vacation leave, and the Long -Term Disability Insurance waiting period
shall be reduced from 60 to 30 days. Instead, employees will begin
accruing general leave at the accrual rates outlined below. General leave
may be used for any purpose, including vacation, sick leave, and personal
leave. Vacation time accrued through December 24, 1999 will be added to
the employee's general leave account effective December 25, 1999.
General leave shall be accrued as follows:
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General Leave
Years of Service Allowance
First through Fourth Year
176 Hours
Fifth through Ninth Year
200 Hours
Tenth through Fourteenth Year
224 Hours
Fifteenth Year and Thereafter
256 Hours
2. Eligibility and Approval
Accrued general leave may be taken after six (6) months' service. General
leave accrued time is to be computed from hiring date anniversary.
Members shall not be permitted to take general leave in excess of actual
time earned. Effective December 25, 1999, members shall not accrue
general leave in excess of six hundred hours (600). Employees may not
use their general leave to advance their separation date on retirement or
other separation from employment. General leave must be pre -approved;
except for illness, injury or family sickness, which may require a physician's
statement for approval.
3. Receipt of Pay Check Prior to General Leave
Upon one (1) week's written notification to the Deputy City
Administrator/Administrative Services, an employee represented herein
shall be entitled to receive general leave pay, less deductions, in advance,
prior to his regularly scheduled annual vacation. Such requests are limited
to one during each calendar year.
4. Conversion to Cash
Once during each fiscal year, each employee shall have the option to
convert into a cash payment or deferred compensation up to a total of one
hundred twenty (120) hours of earned general leave benefits. The
employee shall give two (2) weeks advance notice of his/her desire to
exercise such option.
5. Medical Premium Conversion
Employees electing to participate in the City's group medical plan after
retirement may cause the premiums to be paid by the City out of any
available funds due and owing them under terms of the agreement for
unused sick leave or general leave benefits upon retirement.
B. Sick Leave
1. Accrual
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No employee shall accrue sick leave after December 24, 1999.
2. Credit
Employees hired prior to December 25, 1999 shall be credited with their
sick leave accrued as of December 24, 1999.
3. Usage
Employees may use accrued sick leave for the same purposes for which it
was used prior to December 25, 1999.
4. Family Sick Leave
Sick leave may be used for an absence due to illness of the employee's
spouse or child when the employee's presence is required at home,
provided that such absences shall be limited to forty (40) hours per
calendar year.
5. Pay Off At Termination
a. Employees covered by this agreement and on the payroll on
November 20, 1978 shall be entitled to the following sick leave payoff
plan:
At involuntary termination by reason of disability, or by death, or by
retirement, employees shall be compensated at their then current rate
of pay for seventy-five percent (75%) of all unused sick leave
accumulated as of July 1, 1972, plus fifty percent (50%) of unused sick
leave accumulated subsequent to July 1, 1972, up to a maximum of
720 hours of unused, accumulated sick leave, except as provided in
paragraph 4 below.
Upon termination for any other reason, employees shall be
compensated at their then current rate of pay for fifty percent (50%) of
all unused, accumulated sick leave, up to a maximum of 720 hours of
such accumulated sick leave.
b. Employees hired after November 20, 1978 shall be entitled to the
following sick leave payoff plan:
Upon termination, all employees shall be paid, at their then current
salary rate, for twenty-five percent (25%) of unused, earned sick leave
to 480 hours accrued, and for thirty-five percent (35%) of all unused,
earned sick leave in excess of 480 hours, but not to exceed 720 hours,
except as provided in paragraph 4 below.
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C. Except as provided in paragraph 4 below, no employee shall be paid
at termination for more than 720 hours of unused, accumulated sick
leave. However, employees may utilize accumulated sick leave on the
basis of "last in, first out" meaning that sick leave accumulated in
excess of the maximum for payoff may be utilized first for sick leave,
as defined in Personnel Rule 18-8.
d. Employees who had unused, accumulated sick leave in excess of 720
hours as of July 5, 1980, shall be compensated for such excess sick
leave remaining on termination under the formulas described in
paragraphs 1 and 2 above. In no event shall any employee be
compensated upon termination for any accumulated sick leave in
excess of the "cap" established by this paragraph (i.e., 720 hours plus
the amount over 720 hours existing on July 5, 1980). Employees may
continue to utilize sick leave accrued after that date in excess of such
"cap" on a "last in, first out" basis.
e. To the extent that any "capped" amount of excess sick leave over 720
hours is utilized, the maximum compensable amount shall be
correspondingly reduced. (Example: Employee had 1,000 hours
accumulated. Six months after July 5, 1980, employee has
accumulated another 48 hours. Employee is then sick for 120 hours.
Employee's maximum sick leave "cap" for compensation at termination
is now reduced by 72 hours to 928 hours.)
f. Employees electing to participate in the City's group health insurance
program after retirement may cause the premiums to be paid by the
City out of any available funds due and owing them under the terms of
this agreement for unused sick leave benefits upon retirement. Sick
leave may be used for an absence due to the illness of the employee's
spouse or child when the employee's presence is required at home,
provided that such absences shall be limited to five (5) days -per
calendar year.
C. Bereavement Leave
Employees shall be entitled to bereavement leave not to exceed two (2) work
shifts for employees on a 24-hour work schedule or three (3) working days in
case of death in the immediate family. "Immediate family" is defined as spouse,
father, stepfather, mother, stepmother, sisters, brothers, stepsisters,
stepbrothers, mother-in-law, father-in-law, children, stepchildren, grandchildren
and grandparents of the employee or spouse.
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D. Paternity Leave
Effective January 1, 2000, fathers may utilize accumulated sick leave in addition
to general leave and compensatory time, or take unpaid leave, to care for their
newborn or adopted child (or children if more than one is born or adopted at the
same time) up to a total of 160 hours annually.
ARTICLE X - CITY RULES
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.
b) 5-14 - Promotional Exams
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
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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
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) 8-1 — Medical Examination. Evaluation of Employee's Work Capacity.
Demotion, Transfer or Termination of Appointment
At any time a department head has reasonable cause to believe that
an employee may not be able to perform the duties of his/her position
for physical or psychological reasons, such department head shall
consult with the Personnel Director regarding such belief. If the
Personnel Director concurs, the department head may order the
employee to submit to a medical or psychological examination. The
employee shall be offered the opportunity, in writing, to select from a
panel of three to five physicians or psychologists to conduct the
examination. The cost of such examination shall be paid by the City
and, to the extent practicable, shall be scheduled during the work
hours with no loss of pay.
The department head shall review the medical or psychological report
and shall consult with the Personnel Director regarding the physician's
assessment of the employee's ability to perform the duties of his/her
position. Any decision regarding such employee shall be made in
accordance with the Americans with Disabilities Act.
Notwithstanding any other provision of this rule, an employee being
evaluated for medical or psychological fitness to perform the duties of
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his/her position may apply for another position in the competitive
service for which he/she has qualified. If such employee is qualified
and can perform the duties of a lower paying vacant position for which
he/she has applied, he/she will be placed in such position, without
competitive examination, subject to the approval of the department
head.
(The City and Association agree to meet biannually to discuss the 8-1
process).
b) 8-3 — Layoff in Accordance with Length of Service
The City and the Association agree that the first sentence in Personnel
Rule 8-3 shall be modified to read as follows: Layoff shall be made in
accordance with the relative length of the last period of continuous
service of the employees in the class of layoff, provided, however, that
no permanent employee shall be laid off until all temporary, acting and
probationary employees in the competitive service holding positions in
the same class are first laid off.
c) 8-11 — Re -Employment
With the approval of the Personnel Director, an employee who has
resigned in good standing from the competitive service may be re-
employed to his/her former position, if vacant, or to a vacant position in
the same or comparable class within one (1) year from date of
resignation in accordance with Rule 5-21. If such re-employment
commences within ninety days of the effective date of resignation, the
employee shall not be considered a new employee for vacation and
seniority purposes.
4. Rule 12 — Classification Plan
a) 12-10 — Tempora�r r Employees
Employment on a basis other than permanent or probationary to a
permanently budgeted position not to exceed 1000 hours in any twelve
(12) month period. Employees occupying temporary positions shall
not be included in the competitive service and shall not be subject to
these rules and regulations.
5. Rule 14 — Additional Pay and Pay Admustments
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 Personnel Director 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
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meet recruiting problems to obtain a person who has extraordinary
qualifications, or to give credit for prior city service in connection with
appointments, promotions, reinstatements, transfers, reclassifications,
or demotions. 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 Personnel Director. 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 year of accumulated absences attributable to the same injury. or
illness. In the event an employee is temporarily, totally disabled by
coinciding qualifying injuries or illnesses, periods of absences shall be
applied concurrently to all qualifying injuries or illnesses.
Industrial Accident Leave compensation shall begin on the first day an
eligible employee is absent due to a qualifying injury or illness as
defined above. Industrial accident Leave compensation will terminate
on the earliest of the following:
1) The date upon which the injury or illness giving rise to eligibility
for compensation under this rule is declared permanent and
stationary by a treating or examining physician; or
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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
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.
b) 18-19 - Maternity Leave
The City and the Association agree to modify the present Personnel
Rule 18-19 Maternity Leave to read as follows: "A permanent
employee shall be entitled to a leave of absence without pay due to
inability to work due to pregnancy. The employee will be entitled to use
available sick leave during this period. Said leave must be requested
in writing from the Department Head and must include written
notification from the employees physician stating the last day the
employee may work and the estimated duration of leave. The
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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."
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.
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 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 decision in the
form of a written report and recommendation to the City
Administrator within five (5) days following such hearing. The
City Administrator may, in his discretion, receive additional
evidence or argument by setting the matter for hearing within
ten (10) days following his receipt of such report and causing
notice of such hearing to be served upon all interested parties.
Within five (5) days after receipt of report, or the hearing
provided for above, if such hearing is set by the City
Administrator, the City Administrator shall make written decision
and cause such to be served upon the employee or employee
organization and the Personnel Director.
2) Step 5 — Personnel Board Hearing
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
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separate approval or -ratification by the Personnel Commission.
The hearing officer shall hear the case and make recommended
findings, conclusions and decision in the form of a written report
and recommendation to the Personnel Commission. In lieu of
the hearing officer process, the Personnel Commission may
agree to hear a case directly upon submission of the case by
mutual consent of the parties.
8. Rule 20 — Disciplinary Procedure and Appeal
a) 20-1 — Purpose
The purpose of this rule is to provide a procedure for recommending
and imposing discipline against City employees, 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 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
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
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not the proposed action shall be taken or modified, and the
reasons therefore and effective date or the action.
c) 20-3 — Appeal to Personnel Commission
Disciplinary action involving the termination, suspension, demotion or
other 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 after the employee's receipt of a final Notice
of Discipline, a written request for an appeal to the Personnel
Commission shall submitted to the Personnel Director.
2) , Hearin
As soon as practicable thereafter, the Personnel Director shall
set the matter for hearing before a hearing officer. The hearing
officer shall hear the case without the Board and shall make
recommended findings, conclusions and decision in the form of
a written report and recommendation to the Board.
3) Final Decision
The Board shall consider the written report and
recommendations of the hearing officer and after due
deliberation in executive session, shall render a decision in the
matter which shall be final and binding on all parties, and from
which there shall be no further appeal.
d) 20-4 — Supplemental Hearing by Personnel Board
1) The Board may, in its sole discretion, after it has received the
written report and recommendation of the hearing officer, set
the matter for private hearing for the purpose of receiving
additional evidence or argument. In the event the Board sets a
private hearing for such purposes, the Personnel Director shall
give written notice to all parties concerned in such matter.
2) The Board, following a consideration of the hearing officer's
written report and recommendation and deliberation thereon
and any supplemental hearing before the Board, shall make
findings, conclusions and decisions which shall be final and
binding on all parties and from which there shall be no further
appeal.
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e) 20-5 — Employee Status on Pending Appeal
Notwithstanding the provisions of Rule 7, Section 7-4 (Suspension with
Pay), the disciplinary action 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 of
The City and the employee, or employee organization may, by mutual
consent, extend the time period within which an act must occur in the
processing of grievances.
c) 21-13, Time Extension, Grievances
The City and the employee, or employee organization may, by mutual
consent, extend the time periods within which an act must occur in the
processing of grievances.
B. Employer -Employee Relations Resolution
1. Modification of Section 7 — Decertification and Modification
a) The City and the Association desire to maintain labor stability within
the representational unit to the greatest extent possible, consistent
with the employee's right to select the representative of his or her own
choosing. For these purposes, the parties agree that this Agreement
shall act as a bar to appropriateness of this unit and the selection of
the representative of this unit, except during the month of August prior
to the expiration of this Agreement. Changes in bargaining unit shall
not be effective until expiration of the MOU Except as may , be
determined by the Personnel Commission pursuant to the procedures
outlined below. This provision shall modify and supersede the time
limits, where inconsistent, contained in Section 7 of the current
Employer -Employee Relations Resolution of the City of
Huntington Beach.
b) The City and the Association have agreed to a procedure whereby the
City, by and through the Personnel Director, would be entitled to
propose a Unit Modification. The Association and the City agree to
jointly recommend a modification of the City of Huntington Beach
Employer -Employee Relations Resolution (Resolution Number 3335)
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upon the City's having completed its obligation to meet and confer on
this issue with all other bargaining units.
The proposed changed to the Employer -Employee Relations
Resolution is as follows:
7-3. Personnel Direction 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:
1) The Personnel Director shall give written notice of the proposed
Unit Modification of Modifications to all employee organizations
that may be affected by the proposed change. Said written
notification shall contain the Personnel Director's rationale for the
proposed change including all information which justifies the
change pursuant to the criteria established in Section 6-5 for
Appropriateness of Units. Additionally, the Personnel Director
shall provide all affected employee organizations with all
correspondence, memoranda, and other documents which relate
to any input regarding the Unit Modification which may have been
received by the City or from affected employees and/or sent by
the City to affected employees;
2) 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;
3) 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;
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4) 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.
C. Rules Governing Layoff, Reduction in Lieu of Layoff and Re -Employment
1. Part 1 — Layoff Procedure
a) General Provisions
1) Whenever it is necessary, because of lack of work or funds to
reduce the staff of a City department, employees may be laid off
pursuant to these rules.
2) Whenever an employee is to be separated from the competitive
service because the tasks assigned are to be eliminated or
substantially changed due to management -initiated changes,
including but not limited to automation or other technological
changes, it is the policy of the City that steps be taken by the
Personnel Division on an interdepartmental basis to assist such
employee in locating, preparing to qualify for, and being placed in
other positions in the competitive service. This shall not be
construed as a restriction on the City government in effecting
economies or in making organizational or other changes to
increase efficiency.
3) A department shall reduce staff by identifying which positions
within the department are to be eliminated.
4) The employee who has the least City-wide service credit in the
class within the department shall have City-wide transfer rights in
the class pursuant to Part 1, Section 3, Transfer or Reduction to
Vacancies in Lieu of Layoffs, or within the occupational series
pursuant to Part 2, Bumping Rights.
5) If a deadline within this procedure falls on a day that City Hall is
closed, the deadline shall be the next day City Hall is open.
b. Service Credit
1) Service credit means total time of full-time continuous service
within the City at the time the layoff is initiated, including probation,
paid leave or military leave. Permanent part-time employees earn
service credit on a pro-rata basis.
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24
&ORANDUM OF UNDERSTAND Resolution 2000-8
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
2) Except as required by law, leaves of absence without pay shall not
earn service credit.
3) As between two or more employees who have the same amount
of service credit, the employee who has the least amount of
service in class shall be deemed to be the least senior employee.
C. Transfer or Reduction to Vacancies in Lieu of Layoff
1) In lieu of layoff, a transfer within class shall be offered to an
employee(s) with the least amount of service credit in the class
designated for staff reduction within a department subject to the
following:
a) The employee has the necessary qualifications to perform the
duties of the position.
b) The employee shall be given the opportunity, in order of
service credit, to accept a transfer to a vacant position in the
same class within the City, provided the employee has the
necessary qualifications to perform the duties of the position.
c) If no position in the same class is vacant, the employee shall
be given the opportunity, in order of service credit, to transfer
to the position in the same class that is held by an incumbent
in another department with the least amount of service credit
whose position the employee has the necessary qualifications
to perform.
2) If an employee(s) is not eligible for transfer within the employee's
class, the employee shall be offered, in order of service credit, a
reduction to a vacant position in the next lower class within the
City in the occupational series in lieu of layoff provided the
employee has the necessary qualifications to perform the duties of
the position.
3) If the employee refuses to accept a transfer or reduction pursuant
to A. or B., above, the employee shall be laid off.
99-01 FMA MOU.doc 01/10/00 4:42 PM
25
Resolution 2000-8
41MORANDUM OF UNDERSTANDS
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
d) If the employee(s) in the class with the least amount of service credit is
in the position(s) to be eliminated or displaced by transfer, the
employee shall be offered bumping rights, pursuant to Part 2, Service
Credit.
e) Any employee who takes a reduction to a position in a. lower class
within the occupational series in lieu of layoff shall be placed on the
reinstatement/reemployment list(s) pursuant to Part 3., Reemployment.
2. Order of Layoff
a) Prior to implementing a layoff, vacant positions that are authorized to
be filled shall be identified by Citywide occupational series. If the
employee refuses to accept a position pursuant to Section 3., above,
the employee shall be laid off.
b) No promotional probationary employee or permanent employee within
a class in the department shall be laid off until all temporary,
nonpermanent part-time and non -promotional probationary employees
in the class are laid off. Permanent employees whose positions have
been eliminated may exercise citywide bumping rights to a lower class
in the occupational series pursuant to Part 2.
c) When a position in a class and/or occupational series is eliminated,
any employee in the class who is on authorized leave of absence or is
holding a temporary acting position in another class shall be included
for determining order of service credit and be subject to these layoff
procedures as if the employee was in his or her permanent position.
3. Notification of Employees
a) The Personnel Division shall give written notice of layoff to the
employee by personal service or by sending it by certified mail to the
last known mailing address at least fifteen (15) calendar days prior to
the effective date of the layoff. Normally notices will be served on
employees personally at work.
b) Layoff notices may be initially issued to all employees who may be
subject to layoff as a result of employees exercising voluntary
reduction/bumping rights.
c) The notice of layoff shall include the reason for the layoff, the effective
date of the layoff, the employee's hire date and the employee's service
credit ranking. The notice shall also include the employee's right to
99-01 FMA MOU.doc 01/10/00 4:42 PM
26
Resolution 2000-8
SMORANDUM OF UNDERSTANAG
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
bump the person in a lower class with the least service credit within
the occupational series provided the employee possesses the
necessary qualifications to successfully perform the duties in. the
lower class and the employee has more service credit than the
incumbent in the lower class.
d) The written layoff notice given to an employee shall include notice that
he or she has seven (7) calendar days from the date of personal
service, or date of delivery of mail if certified, to notify the
Personnel Director in writing if the employee intends to exercise the
employee's bumping rights, if any, pursuant to Part 2, Bumping_ Rights.
e) Whenever practicable, any employee with the least amount of service
credit in a lower class within an occupational series which is identified
for work force reduction shall also be given written notice that such
employee may be bumped pursuant to Part 2. This notice shall include
the items referred to in C., above.
f) If an employee disagrees with the City's computation of service credit
or listed date of hire, the employee shall notify the Personnel Director
as soon as possible but in no case later than five (5) calendar days
after the personal service or certified mail delivery. Disputes regarding
date of hire or service credit shall be jointly reviewed by the Personnel
Director and the employee and/or the employee's representative as
soon as possible, but in no case later than five (5) calendar days from
the date the employee notifies the Personnel Director of the dispute.
Within five (5) calendar days after the dispute is reviewed, the
employee shall be notified in writing of the decision.
4. Part 2 — Bumping Rights
a) Volunta[y Reduction or Bumping in Lieu of Layoff
1) A promotional probationary employee or permanent employee
who receives a layoff notice may request a reduction to a position
in a lower class within the occupational series provided the
employee possesses the necessary qualifications to perform the
duties of the position.
2) Employees electing reduction under A above, shall be reduced to
a position authorized to be filled in a lower class within the
employee's occupational series. The employee may reduce to a
lower class in his/her occupational series by: 1) filling a vacancy in
that class, or 2) if no vacancy exists, displacing the employee in
the class with the least service credit whose position the employee
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27
Resolution 2000-8
&ORANDUM OF UNDERSTAND
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
has the necessary qualifications to perform. A displaced
employee shall have bumping rights.
3) An employee who receives a layoff notice must exercise bumping
rights within seven (7) calendar days of receipt of the notice as
specified in Part 1. Failure to respond within the time limit shall
result in a reputable presumption that the employee does not
intend to exercise any right of reduction or bumping to a lower
class. The employee must carry the burden of proof to show that
the employee's failure to respond within the time limits was
reasonable. If the employee establishes that failure to respond
within the time limit was reasonable, to the Personnel Director's
satisfaction, the employee shall be permitted to exercise bumping
rights but shall not be reinstated to a paid position until the
employee to be bumped has vacated the position. If the employee
disagrees with the Personnel Director's decision, the employee
may appeal pursuant to the provisions of Sections 3 and 4 below.
b) Reinstatement/Re-employment Lists
Any employee who takes a reduction to a position in a lower class
within the occupational series in lieu of layoff shall be placed on tile
reinstatement/re-employment list pursuant to Part 3, Re-employment.
c) Qualifications Appeal
Any employee who is denied a reduction to a position in a lower class
within the occupational series on the basis that the employee does not
possess the necessary qualifications to successfully perform the duties
of the lower position may appeal the decision. The appeal shall be
filed with the Personnel Director within five (5) calendar days of the
employee's receipt of written notice of the decision and reason(s) for
denial. The employee's appeal shall be in writing and shall include
supporting facts or documents supporting the appeal.
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28
Resolution 2000-8
&ORANDUM OF UNDERSTANDO
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
d) Qualifications Appeal Hearing
1) Upon receipt of an appeal, the Personnel Director shall contact a
mediator from the California State Mediation and Conciliation
Service to schedule a hearing within two (2) weeks after receipt of
the appeal. If the California State Mediation and Conciliation
Service is not available within that time frame, the parties shall
mutually select a person who is available within the time frame. If
the California State Mediation and Conciliation Service and the
person mutually selected are not available within tile time frame,
the parties shall select the earliest date either is available to
conduct the hearing. The parties shall split the cost, if any, of the
hearing officer. In addition, the parties shall meet within three (3)
workdays to attempt to resolve the dispute. If the dispute remains
unresolved, the parties shall endeavor in good faith to submit to
the hearing officer a statement of all agreed upon facts relevant to
the hearing.
2) Appeal hearings shall be limited to two (2) hours, except as
otherwise agreed by the parties or directed by the hearing officer.
3) The hearing officer shall attempt to resolve the dispute by mutual
agreement if possible. If no agreement is reached, the hearing
officer shall render a decision at the conclusion of the hearing
which shall be final and binding
5. Part 3 — Re-employment
a) Re-employment
1) Employees who are laid off or reduced to avoid layoff shall have
their names placed .upon a reemployment list, for each class in
the occupational series, in seniority order at or below the level ,of
the class from which laid off or reduced.
2) Names of persons placed on the reemployment lists shall remain
on the list for two (2) years from the date of layoff or reduction.
3) Vacancies shall be filled from the reemployment list for a class,
starting at tile top of the list, providing that the person meets the
necessary qualifications for tile position.
4) Names of persons are to be removed from the reemployment list
for a class if on two (2) occasions they decline an offer of
employment or on two (2) occasions fail to respond to offers of
99-01 FMA MOU.doc 01/10/00 4:42 PM
29
Resolution 2000-8
SMORANDUM OF UNDERSTAND
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
employment in a particular class within five (5) calendar days of
receipt of written notice of an offer. Any employee who is
dismissed from the City service for cause shall have his or her
name removed from all re-employment lists.
5) Re-employment lists shall be available to HBMEA and affected
employees upon reasonable request,
6) Qualification appeals involving reemployment rights shall be
resolved in the same manner as that identified in Part 2.,
Section 4.
b) Status on Re-employment
1) Persons re-employed from layoff within a two (2) year period from
the date of layoff shall receive the following considerations and
benefits:
a) Service credit held upon layoff shall be restored, but no credit
shall be added for the period of layoff.
b) Prior service credit shall be counted toward sick leave and
vacation accruals.
c) Employees may cash in sick leave upon layoff or at any time
after layoff in the manner and amount set forth in existing
Memoranda of Understanding for that employee's unit. Sick
leave shall be paid to an employee when the reemployment
list(s) expire(s), if not previously paid.
d) Upon reinstatement the employee may have his or her sick
leave re -credited by repayment to the City the cashed amount.
Sick leave accumulation of less than 480 hours shall ,be
restored upon reemployment.
e) The employee shall be returned to the salary step of the
classification held at the time of the layoff and credited with
the time previously served at that step prior to being laid off.
f) The probationary status of the employee shall resume if
incomplete.
2) Employees who have been reduced in class to avoid layoff and
are returned within two (2) years to their former class shall be
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30
Resolution 2000-8
&ORANDUM OF UNDERSTAND
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
placed at the salary step of the class they held at the time of
reduction and have their merit increase eligibility date recalculated.
ARTICLE XI -- MISCELLANEOUS
A. Vehicle Policy
1. The auto allowance for qualifying members shall be $350 per month.
2. The monthly automobile allowance shall not be reduced during the term of
this agreement.
3. Eligibility for automobile allowance shall be determined in accordance with
the Administrative Regulation, Vehicle Use Policy and the City's Fleet
Management Program.
4. Unit members agree to all provisions of the City's Fleet Management
Program dated August 1999.
B. Deferred Compensation Loan Program
Effective January 1, 2000, unit members may borrow up to 50% of their deferred
compensation funds for critical needs such as medical costs, college tuition, or
purchase of a home, pursant to program standards and regulations.
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31
Resolution 2000-8
OMORANDUM OF UNDERSTAN
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
ARTICLE XII - CITY COUNCIL APPROVAL
It is the understanding of the City and the Association that this Memorandum of
Understanding is of no force or effect whatsoever unless and until adopted by
Resolution of the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this 18t1bay of January , 2000.
CITY OF HUNTINGTON BEACH
Ray gGer, City Administrator
Wi iam H. Osness, Personnel Director
Michael'P. U61der,rire Chief
APPROVED AS TO FORM:
r
Gail Hutton, City Attorney
HUNTINGTON BEACH
FIRE MANAGEMENT ASSOCIATION
tee_
J cq elletier, F Presi t
ta_ven Parker. FIKA VicepOsident
49 Reynolds, Division Fire Chief
99-01 FMA MOU.doc 32 01/10/00 4:42 PM
Resolution zuuu-o
WE MANAGEMENT ASSOCIATIA
MEMORANDUM OF UNDERSTANDING
FMA
LIST OF MOU EXHIBITS
A Class/Salary Schedule
B Retiree Medical Plan and Subsidy Program
C Employee Health Plan
D Delta Care (PMI) Dental Plan
E Delta Dental — Dental Plan
F Safeguard Dental — Dental Plan
G Vision Service Plan
Resolution 2000-8
OMORANDUM OF UNDERSTAN
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
EXHIBIT A - FIRE MANAGEMENT ASSOCIATION SALARY SCHEDULE
Effective December 25, 1999
Step
Job Code
Classification
Range
A
B
C
D
E
0231
Fire Battalion Chief
565
6323
6676
7044
7430
7839
0213
Fire Division Chief
593
7276
7676
8099
8545
9015
Effective December 23, 2000
Step
Job Code
Classification
Range
A
B
C
D
E
0231
Fire Battalion Chief
571
6522
6881
7259
7657
8079
0213
Fire Division Chief
599
7498
7910
8346
8805
9288
99-01 FMA MOU.doc 01/10/00 4:42 PM
34
Resolution 2000-8
—MEMORANDUM OF UNDERSTAARIG
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
EXHIBIT B — RETIREE SUBSIDY MEDICAL PLAN
An employee who has retired from the City shall be entitled to participate in the City sponsored
medical insurance plans and the City shall contribute toward monthly premiums for coverage in
an amount as specified in accordance with this Plan, provided:
A. At the time of retirement the employee has a minimum of ten (10) years of continuous
City service or is granted an industrial disability retirement; and
B. At the time of retirement, the employee is employed by the City; and
C. Following official separation from the City, the employee is granted a retirement
allowance by the California Public Employees' Retirement System.
The City's obligation to pay the monthly premium as indicated shall be modified
downward or cease during the lifetime of the retiree upon the occurrence of any one of
the following:
1. During any period the retired employee is eligible to receive or receives
health insurance coverage at the expense of another employer, the
payment will be suspended. "Another employer" as used herein means
private employer or public employer or the employer of a spouse. As a
condition of being eligible to receive the premium contribution as set forth in
this plan, the City shall have the right to require any retiree to annually
certify that the retiree is not receiving or eligible to receive any such health
insurance benefits from another employer. If it is later discovered that a
misrepresentation has occurred, the retiree will be responsible for
reimbursement of those amounts inappropriately expended and the retiree's
eligibility to receive further benefits will cease.
2. On the first of the month in which a retiree or dependent reaches age 65 or
on the date the retiree or dependent can first apply and become eligible,
automatically or voluntarily, for medical coverage under Medicare (whether
or not such application is made) the City's obligation to pay monthly
premiums may be adjusted downward or eliminated. Benefit coverage at
age 65 under the City's medical plans shall be governed by applicable plan
document.
3. In the event the Federal Government or State Government mandates an
employer -funded health plan or program for retirees, or mandates that the
City make contributions toward a health plan (either private or public) for
QtEMORANDUM
Resolution 2000-8
OF UNDERSTARNG
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
EXHIBIT B — RETIREE SUBSIDY MEDICAL PLAN CONTINUED
retirees, the City's contribution rate as set forth in this plan shall first be
applied to the mandatory plan. If there is any excess, that excess may be
applied toward the City medical plan as supplemental coverage provided
the retired employee pays the balance necessary for such coverage, if any.
4. In the event of the death of any employee, whether retired or not, the
amount of the retiree medical insurance subsidy benefit which the
deceased employee was receiving at the time of his/her death would be
eligible to receive if he/she were retired at the time of death, shall be paid
on behalf of the spouse or family for a period not to exceed twelve (12)
months.
SCHEDULE OF BENEFITS
A. Minimum Eligibility for Benefits -- With the exception of an industrial disability retirement,
eligibility for benefits begin after an employee has completed ten (10) years of
continuous service with the City of Huntington Beach. Said service must be continuous
unless prior service is reinstated at the time of his/her rehire in accordance with the
City's Personnel Rules.
B. Disability Retirees -- Industrial disability retirees with less than ten (10) years of service
shall receive a maximum monthly payment toward the premium for health insurance of
$121. Payments shall be in accordance with the stipulations and conditions which exist
for all retirees. Payment shall not exceed dollar amount which is equal to the full cost of
premium for employee only.
C. Maximum Monthly Subsidy Payments -- All retirees, including those retired as a result of
disability whose number of years of service prior to retirement exceeds ten (10), shall be
entitled to maximum monthly payment of premiums by the City for each year of
completed City service as follows:
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Resolution 2000-8
MEMORANDUM OF UNDERSTANING
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
EXHIBIT B — RETIREE SUBSIDY MEDICAL PLAN CONTINUED
Maximum Monthly Payment
for Retirements After:
Years of Service
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
10/1 /92
$ 121
136
151
166
181
196
211
226
241
256
271
286
300
315
330
344
Note: The above payment amounts may be reduced each month as dependent eligibility
ceases due to death, divorce or loss of dependent child status. However, the amount shall not
be reduced if such reduction would cause insufficient funds needed to pay the full premium for
the employee and the remaining dependents. In the event no reduction occurs and the
remaining benefit premium is not sufficient to pay the premium amount for the , employee and
the eligible dependents, said needed excess premium amount shall be paid by the employee.
99-01 FMA MOU.doc 37 01/10/00 4:42 PM
Resolution 2000-8
q4EMORANDUM OF UNDERSTANDING
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
INDEMNITY HEALTH PLAN, EMPLOYEES/RETIREES
This summary lists only those benefit provisions that differ between active and subsidized
Retiree Plans. The Employee Health Plan Document should be consulted for detailed
questions about specific benefits. Benefits are subject to modification through the meet and
confer process.
Benefits'
Deductible per person
Deductible per family
Maximum Out of Pocket
Coinsurance PPO
Non-PPO
YEAR 2000
City Plan - Employees
Non -Subsidized Retirees
COBRA -eligibles
$150
$450
$1000 per person
$2000 per family
YEAR 2001
90% of UCR
70% of UCR
City Plan - Subsidized
Retirees
$200
$500
$1500 per person
$3000 per family
90% of UCR
60% of UCR
Note: Retirees who elect to participate in HealthNet or PacifiCare shall be entitled to benefits of
the program chosen.
'- This summary lists only those benefit provisions that differ between active and subsidized Retiree Plans. The
Employee Health Plan Document should be consulted for detailed questions about specific benefits. Benefits are
subiect to modification through the meet and confer process.
Resolution 2000-8
*MEMORANDUM OF UNDERSTAONG
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS
A. Eligibility:
1. The effective start-up date of the Retiree Subsidy Medical Plan for the
various employee groups shall be the first of the month following retirement
d ate.
2. A retiree may change plans, add dependents, etc., during annual open
enrollment. Personnel shall notify covered retirees of this opportunity each
year.
3. Years of service computed for the Retiree Subsidy Medical Plan are actual
years of completed service with the City of Huntington Beach.
4. When a retiree is eligible for medical plan coverage at the expense of
another employer due to post -retirement employment of the retiree or
spouse of the retiree, the retiree and his/her spouse must take that
coverage regardless of benefit level and shall be deleted from any City Plan
coverage. Exceptions to this requirement are limited to the following:
a. A retiree is not required to enroll in such "other" medical plan coverage
if there is significant disparity between the benefits provided by the
"other" medical plan and the Retiree Subsidy Medical Plan as defined
below. "Significant disparity" means coverage available under the
"other" medical plan is restrictive or limited in one or more of the
following ways:
1) No in -patient hospitalization coverage.
2) No major medical benefits
3) Annual deductible is $1,000 or greater per person.
4) Major medical benefits are paid at 60% or less of covered
expenses.
b. The Risk Manager will have the authority to provide additional
exceptions following review of the "other" medical plan policy.
Exceptions will be made only if the "other" medical plan benefit
provisions are comparable to the guidelines under B above.
Resolution 2000-8
SMEMORANDUM OF UNDERSTAVING
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
EXHIBIT B — RETIREE SUBSIDY MEDICAL PLAN CONTINUED
c. Miscellaneous Provisions:
1. Benefits provided under the Retiree Subsidy Medical Plan will
be coordinated with the "other" medical plan as the primary
carrier.
2. The City shall have the right to require any retiree to provide a
copy of the "other' medical plan policy for review by the
Risk Manager.
5. When a retiree becomes eligible for the other group coverage and then
becomes 'no longer eligible, he/she may have the subsidy reinstated and
regain Retiree Subsidy Medical Plan coverage.
6. Dependents of a retiree may follow him/her into the Retiree Subsidy
Medical Plan or they may choose to exercise COBRA rights along with the
retiree.
7. When a retiree becomes 65 and has eligible dependents under 65, said
dependents are eligible to exercise COBRA rights.
8. When a retiree is under 65 and his/her spouse is over 65, the spouse is not
covered.
B. Benefits:
1. Retiree Subsidy Medical Plan includes Managed Health Network (MHN),
Prescription Card System (PCS), Orange County Preferred Provider
Organization (OCPPO) and Medical Stop Loss insurance.
2. City Plans are the primary payer for active employees age 65 and over, with
Medicare the secondary payer. Retirees age 65 and over have no City
Plan options and are eligible only for Medicare.
3. Premium payments are to be received at least one month in advance of the
coverage period.
C. Subsidies:
1. The subsidy payments will pay for:
a. Retiree Subsidy Medical Plan.
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Resolution 1000-6
SMEMORANDUM OF UNDERSTAONG
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
EXHIBIT B — RETIREE SUBSIDY MEDICAL PLAN CONTINUED
b. HealthNet.
c. PacifiCare.
d. Part A of Medicare for those retirees not eligible for paid Part A.
2. Subsidy payments will not pay for:
a. Part B Medicare.
b. Regular City Employee Indemnity Plan.
c. Any other employee benefit plan.
d. Any other commercially available benefit plan.
e. Medicare supplements
3. Employees who retire on or after the following dates shall be eligible for the
subsidy based on years of completed service with the City.
October 1, 1987: MEO, MEA, POA, MSOA, FA and PMA.
July 1, 1988: Non -Represented.
Retirees who retire prior to the above dates are not eligible for any subsidy
benefit.
D. Medicare:
1. All persons are eligible for Medicare coverage at age 65. Those with
sufficient credit quarters of Social Security will receive Part A of Medicare at
no cost. Those without sufficient credited quarters are still eligible for
Medicare at age 65, but will have to pay for Part A of Medicare if the
individual elects to take Medicare. In all cases, Part B of Medicare is paid
for by the participant.
2. When a retiree and his/her spouse are both 65 or over, and neither is
eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each
of them or the maximum subsidy, whichever is less.
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Resolution 2000-8
SMEMORANDUM OF UNDERSTANIG
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
EXHIBIT B — RETIREE SUBSIDY MEDICAL PLAN CONTINUED
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. If such retiree was covering dependents under the Plan,
dependents will be eligible for COBRA continuation benefits effective
as of the retiree's 65th birthday.
b. Dependent coverage will be eliminated upon whichever of the
following occasions comes first:
1) After 36 months of COBRA continuation coverage, or
2) When the covered dependent reaches age 65 in the event
such dependent reaches age 65 prior to the retiree reaching
age 65.
c. At age 65 retirees are eligible to make application for Medicare. Upon
being considered "eligible to make application", whether or not
application has been made for Medicare, the Retiree Subsidy Medical
Plan will be eliminated.
2. See provisions under "Benefits", "Subsidies", and "Medicare" for those
retirees/dependents not eligible for paid Part A of Medicare.
3. Retiree Subsidy Medical Plan and COBRA participants shall be notified of
non-payment of premium by means of a certified letter from Personnel in
accordance with provisions of the Memorandums of Understanding.
4. A retiree who fails to pay premiums due for coverage and is in arrears for
sixty (60) days shall be terminated from the Plan and shall not have
reinstatement rights.
99-01 FMA MOU.doc 42 01/10/00 4:42 PM
Resolution 2000-8
EXHIBIT C — EMPLOYEE HEALTH PLAN BROCHURE
A copy of the Employee Health Plan Brochure
may be obtained from the
Insurance and Benefits Division
Resolution 2000-8
0 - 0
EXHIBIT D — DELTA CARE (PMI) DENTAL PLAN BROCHURE
A copy of the Delta Care (PMI) Brochure
may be obtained from the
Personnel Division
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Resolution 2000-8
EXHIBIT E — DELTA DENTAL PLAN BROCHURE
A copy of the Delta Dental Plan Brochure
may be obtained from the
Personnel Division
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Resolution 2000-8
40 0
EXHIBIT F — SAFEGUARD DENTAL PLAN BROCHURE
A copy of the Safeguard Dental Brochure
may be obtained from the
Personnel Division
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Resolution 2000-8
• •
EXHIBIT G — VISION (VSP) PLAN BROCHURE
A copy of the Vision (VSP) Brochure
may be obtained from the
Personnel Division
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Res. No. 2000-8
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 18th day of January, 2000 by the following
vote:
AYES: Julien, Harman, Garofalo; Green, Dettloff, Bauer
NOES: Sullivan
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
•
•
ATTACHMENT #4
101E MANAGEMENT ASSOCIATIOAR
1999/2001 MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Page
PREAMBLE................................................................................................................................................................. I
ARTICLEI — TERM OF MOU.................................................................................................................................. I
ARTICLE II — REPRESENTATIONAL UNIT........................................................................................................1
ARTICLEIII -- SEVERABILITY.............................................................................................................................2
ARTICLE IV —SALARY SCHEDULES AND RETIREMENT..............................................................................2
A. MONTHLY COMPENSATION..............................................................................................................................2
B. PERS PICKUP...................................................................................................................................................3
C. SELF FUNDED SUPPLEMENTAL RETIREMENT BENEFIT.....................................................................................3
D. MEDICAL INSURANCE UPON RETIREMENT.......................................................................................................3
E. PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING.............................................4
1. Level I Survivors Benefits...........................................................................................................................4
2. Rollover......................................................................................................................................................4
ARTICLEV — SPECIAL PAY...................................................................................................................................4
A. EDUCATIONAL TUITION...................................................................................................................................4
B. HOLIDAY PAY-IN-LIEU....................................................................................................................................4
ARTICLEVI — UNIFORMS......................................................................................................................................5
ARTICLE VII — WORK SCHEDULE/COMPENSATORY PAY/TIME OFF......................................................5
A. WORK SCHEDULE.............................................................................................................................................5
B. ADMINISTRATIVE LEAVE/COMPENSATORY PAY..............................................................................................5
ARTICLE VIII — HEALTH AND OTHER INSURANCE BENEFITS..................................................................6
A.
HEALTH............................................................................................................................................................6
1.
Medical.......................................................................................................................................................6
2.
Dental.........................................................................................................................................................7
3.
Optical ........................................................................................................................................................
7
B.
ELIGIBILITY CRITERIA AND COST.....................................................................................................................7
1.
City Paid Medical and Dental Insurance - Dependents.............................................................................7
2.
City's Contribution to Health Insurance Premiums...................................................................................7
3.
Section 125 Plan.........................................................................................................................................9
C.
LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT...................................................................................9
D.
LONG TERM DISABILITY INSURANCE...............................................................................................................9
E.
MISCELLANEOUS............................................................................................................................................10
1.
City Paid Premiums While on Medical Disability............. ...... ................................................................
10
2.
Insurance Benefits Advisory Committee...................................................................................................10
3.
Health Plan Over-Payments.....................................................................................................................10
4.
Federal Health Plan.................................................................................................................................10
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a MANAGEMENT ASSOCIATIOP
1999/2001 MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
Page
ARTICLEIX - LEAVE BENEFITS........................................................................................................................11
A. GENERAL LEAVE............................................................................................................................................11
1. Accrual.....................................................................................................................................................11
2. Eligibility and Approval.........................................................................................................11
3. Receipt of Pay Check Prior to General Leave...................................................................11
4. Conversion to Cash...................................................................................................................................12
B. SICK LEAVE...................................................................................................................................................12
C. BEREAVEMENT LEAVE...................................................................................................................................14
ARTICLEX — CITY RULES...................................................................................................................................14
A. PERSONNEL RULES.........................................................................................................................................14
ARTICLEXI -- MISCELLANEOUS......................................................................................................................35
A. VEHICLE POLICY............................................................................................................................................35
B. DEFERRED COMPENSATION LOAN PROGRAM................................................................................................35
ARTICLE XII — CITY COUNCIL APPROVAL.........
............................................................ 36
EXHIBIT A - FIRE MANAGEMENT ASSOCIATION SALARY SCHEDULE................................................37
EXHIBIT B — RETIREE SUBSIDY MEDICAL PLAN.........................................................................................38
EXHIBIT C — EMPLOYEE HEALTH PLAN BROCHURE................................................................................46
EXHIBIT D — DELTA CARE (PMI) DENTAL PLAN BROCHURE..................................................................47
EXHIBIT E — DELTA DENTAL PLAN BROCHURE..........................................................................................48
EXHIBIT F — SAFEGUARD DENTAL PLAN BROCHURE...............................................................................49
EXHIBIT G — VISION (VSP) PLAN BROCHURE...............................................................................................50
99-01 FMA MOU draft.doc ii 01/10/00 4:49 PM
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
(Herein Called CITY)
AND
THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
(Hereinafter Called ASSOCIATION)
PREAMBLE
WHEREAS the designated representative of the City of Huntington Beach and the
Huntington Beach Fire Management Association have met and conferred in good faith
with respect to salaries, benefits and other terms and conditions of employment for the
employees represented by the Association;
Except as expressly provided herein, the adoption of this Memorandum of
Understanding shall not change existing terms and conditions of employment which
have been established for the classification represented by the Huntington Beach Fire
Management Association.
NOW THEREFORE, this Memorandum of Understanding is made, to become effective
December 25, 1999 and it is agreed as follows:
ARTICLE I — TERM OF MOU
This Agreement shall be in effect for a period of two (2) years commencing
December 25, 1999 and ending at midnight on December 21, 2001.
ARTICLE II — REPRESENTATIONAL UNIT
It is recognized that the Huntington Beach Fire Management Association is the
employee organization which has the right to meet and confer in good faith with the City
on behalf of represented employees of the Huntington Beach Fire Department within
the classification titles of Fire Division Chief and Fire Battalion Chief as outlined in
Exhibit A attached hereto and incorporated herein.
The City and the Association agree to implement for the term of this agreement the
following change to the Employee/Employer Relations Resolution and accordingly
revise Section 7 of said resolution as described herein:
The proposed change to the Employer -Employee Relations Resolution is as follows:
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:
AORANDUM OF UNDERSTANDI.
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
1. The Personnel Director shall give written notice of the proposed
modification(s) to any affected employee organization and any affected
employees.
2. The Personnel Commission shall hold a meeting concerning the proposed
modification(s) at which time all affected employee organizations and
employees shall be heard:
3. Thereafter, the Personnel Commission shall determine the composition of the
appropriate unit or units and shall give written notice of such determination to
the affected employee organizations and any affected employees.
The City Administrator, employee organization or employee aggrieved by an
appropriate unit determination of the Personnel Commission may, within ten
(10) days of notice thereof, request a review of such determination by the City
Council. Within thirty (30) days of receipt of a request to review a unit
determination of the Personnel Commission the City Council shall review the
matter. The City Council's decision shall be final.
4. Except as provided otherwise in this MOU, the salary benefit and working
conditions specified by this MOU shall be provided to employees in
classifications listed in Exhibit A and have completed or are in the process of
completing a probationary period in a permanent position in the competitive
service in which the employee regularly works twenty hours or more per
week.
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 be 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 AND RETIREMENT
A. Monthly Compensation
Employees shall be compensated at monthly salary rates by classification title
and salary ranges during the term of this Agreement as set out in Exhibit A
attached hereto and incorporated herein unless expressly provided for in other
articles of this Memorandum of Understanding.
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2
AORANDUM OF UNDERSTANDI9
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
B. PERS Pickup
Each employee covered by this Agreement shall be reimbursed once every two
weeks in an amount equal to 9% of the employee's base salary and special pay
as a pickup of the employee's contribution, or portion of such contribution, to the
Public Employees' Retirement System. The above PERS pickup is not base
salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code.
C. Self Funded Supplemental Retirement Benefit
Employees hired prior to August 17, 1998 are eligible for the Self Funded
Supplemental Retirement Benefit which provides that:
1. In the event a member elects Option #2 (Section 21333) or Option #3
(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 or her life
alone. This payment shall be made only to the member, shall be
payable by the City during the life of the member, shall be payable by
the City during the life of the member, and upon that member's death,
the City obligation shall cease. The method of funding this benefit shall
be at the sole discretion of the City. This benefit is vested for
employees covered by this agreement. (Note: The options provide the
allowance is payable to the member until his or her death and then
either the entire allowance (Option #2) or one-half of the allowance
(Option #3) is paid to the beneficiary for life).
2. Employees hired on or.after August 17, 1998 shall not be eligible for this
benefit referenced in A.1.a. herein above.
D. Medical Insurance Upon Retirement
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
Retirees retiring after approval of this MOU may participate in the
Retiree Medical Plan, attached hereto as Exhibit B, or either of the
HMO Plans currently being offered to retirees, based upon the eligibility
requirements described in Exhibit B.
2. Employees electing to participate in the City's group health insurance
program after retirement may cause the premiums to be paid by the City
out of any available funds due and owing them under the terms of this
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3
AORANDUM OF UNDERSTANDIN
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
agreement for unused sick leave and general leave benefits upon
retirement.
E. Public Employees' Retirement System Reimbursement and Reporting
1. Level 1 Survivors Benefits
Unit employees shall be covered by the 1959 PERS Level 1 Survivor
Benefit.
2. Rollover
No unit employee shall be allowed to continue the rollover benefit
provided in Article XI (13)(2) of the 1991/1993 Management Employees
Organization MOU beyond January 31, 1994.
ARTICLE V — SPECIAL PAY
A. Educational Tuition
1. Educational costs shall be paid to employees on the basis of full refund
for tuition, fees, books and supplies; provided, however, that maximum
reimbursement shall be at the rates currently in effect in the University of
California System or the California State Fire Academy.
2. Upon approval of the Fire Chief and the Director of Administrative
Services, employees may be compensated for actual cost of tuition,
books, fees, at accredited educational institutions that charge higher
rates than the University of California, if it can be demonstrated by the
employee that said educational institutional presents the only accredited
course or program within a reasonable commuting distance of the
employee.
3. Tuition reimbursement shall be limited to job related courses or
approved degree objectives and require prior approval by the Fire Chief
and the Personnel Director.
4. Refunds shall be made when the employee presents proof to the
Director of Administrative Services that he/she has paid such costs and
successfully completed the course.
B. Holiday Pay -In -Lieu
Employees shall be compensated by the City in lieu of the ten listed holidays at
the rate of .0385 of the employee's monthly salary rate set forth in Exhibit A,
payable each and every pay period. The following are the recognized legal
holidays under this MOU:
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4
AORANDUM OF UNDERSTANDI
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
1. New Year's Day (January 1)
2. Martin Luther King's Birthday (third Monday in January)
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. Veteran's Day (November 11)
8. Thanksgiving Day (fourth Thursday in November)
9. Friday after Thanksgiving
10. Christmas Day (December 25)
11. Any day declared by the President of the United States to be a
national holiday, or by the Governor of the State of California to be a
state holiday, and adopted as an employee holiday by the
City Council of Huntington Beach.
Holidays which fall on Sunday shall be observed the following Monday, and
those falling on Saturday shall be observed the preceding Friday.
Employees designated by the Fire Chief who are required to work regular
shifts on the above listed holidays as set forth in this Article, shall not be
entitled to time off or overtime.
Subject to State Law and Regulations, compensation paid as a result of
Article VB shall be reportable to PERS as salary.
ARTICLE VI — UNIFORMS
The City agrees to provide uniforms to employees on active duty who are required to
wear uniforms to the same extent as in the past.
ARTICLE VII — WORK SCHEDULE/COMPENSATORY PAY/TIME OFF
A. Work Schedule
Members assigned to non -suppression staff assignments shall work four (4)
days per week, ten (10) hours each day, meal times to be included during the
ten hour shift.
B. Administrative Leave/Compensatory Pay
1. Members assigned working to suppression asenduties earn
compensatory pay or compensatory time off, on an hour for hour basis, for
hours worked in addition to their regular schedule, subject to the limitations
contained in Article VII.B 3. below.
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5
AORANDUM OF UNDERSTANDIS
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
2. Members shall work thirty-five (35) hours of
non -suppression overtime in a calendar year, before earning
compensatory pay or compensatory time off, on an hour for hour basis, for
hours worked in excess of their regular normal work schedule-4
3. Compensatory Pay
a. Compensatory pay is paid at the 40 hours straight time rate for each
hour.
b. Compensatory time earned or earned administrative leave
converted to cash at the member's 40 hour straight time rate.
c. Maximum accrual shall be 120 hours.
ARTICLE VIII - HEALTH AND OTHER INSURANCE BENEFITS
A. Health
1. Medical
a. The City shall continue to provide group medical benefits to all
employees with coverage and benefits comparable to the group
medical plans currently in effect; except that in the year 2001 the
Association agrees that only one HMO may be offered.
b. The coverage and benefits provided under the City Health Plan shall be
as set forth in the Plan Document revised October 1, 1998 and
modified from time to time to comply with changes in law requirements
or the City's stop -loss re -insurance and developments in medicine. The
plan shall be modified effective January 1, 2001 as follows:
1) Annual Deductible — Increase the annual deductible from $150 to
$250 per individual and $450 to $500 per family.
2) Annual Out -of -Pocket Maximum - Increase the amount out-of-
pocket maximum (patient responsibility) from $1,000
individual/$2,000 family to $2,000/$4,000.
c. Re -Opener — The City and Association agree to meet and confer on
year 2001 medical plans and costs beginning July 1, 2000.
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6
MOORANDUM OF UNDERSTANDIN11
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
2. Dental
The City shall provide an indemnity dental insurance plan comparable to
Delta Dental Plan (Group Policy #4729, Exhibit E) and a prepaid dental
insurance plan comparable to the Delta Care Plan (Group Policy #4002,
Exhibit D).
3. Optical
The City shall provide a Vision Care Plan for employees and their
dependents comparable to the group currently in effect.
B. Eligibility Criteria and Cost
1. City Paid Medical and Dental Insurance - Dependents
The City will assume payment, subject to the limitations set forth in Article
VIII.132. for dependent health and dental insurance effective the first of the
month following the month during which the employee completes one (1)
year of full time continuous service with the City. For purposes of
determining continuous service, there shall be no accrual of hours for the
period of time an employee is on a non -pay status for a complete pay
period.
2. City's Contribution to Health Insurance Premiums
a. Employees Hired Prior to August 17, 1998:
Effective January 1, 2000, the City shall pay medical, dental and vision
insurance premiums by category and plan as follows:
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7
MOORANDUM OF UNDERSTANDIIO
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
Monthly
Premium''
City Plan .
,.HealthNet
PacifiCare
Delta
benta1
Delta1.
Care,
Safeguard
Mi ;;
VSP
(Vision)
..:..
Employee
.nly
$ 283.29
$ 165.06
$ 165.06
$ 36.99
$ 22.12
$ 16.20
$ 17.58
Employee
_`
+' 0ne,.
560.18
361.66
361.66
70.65
37.61
29.16
17.58
Employee
+ �Farnily .
685.86
476.68
476.68
100.37
57.51
37.22
17.58
b. Employees Hired On or After August 17, 1998:
The City's contribution toward medical insurance premiums shall be no
more than the rate set for (1) employee only, (2) employee plus one, or
(3) employee plus family in either of the HMO plans offered by the City.
Should the employee elect to be covered by the City Plan, the City shall
pay an amount equal to the highest HMO rate in the category of
coverage selected by the employee. The employee shall pay the
difference. The City's contribution toward dental and vision insurance
shall be:
Monthly
_Delta ,:
Delta ��
VSP;
Premium:
;Dental.'
Safeguard
Employee
Only,
$ 36.99
$ 22.12
$ 16.20
$ 17.58
Employee
One
70.65
37.61
29.16
17.58
Employee
Family'; ',
100.67
57.51
37.22
17.58
c. Year 2001 Premiums:
The City will contribute two-thirds of the increase in the premium to the
City medical plan and fifty percent of the increase in the HMO plans. In
the event that all other employee groups agree to one HMO for the year
2001; and the City shall contribute one hundred percent of the HMO
premium increase in the year 2001. The City shall contribute the full
cost of the premium for dental and vision for the year 2001.
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8
AORANDUM OF UNDERSTANDIA
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
d. Medical Cash -Out:
Effective January 1, 2000, if an employee is covered by a medical
program outside of a City -provided program (evidence of which must be
supplied to Administrative Services Department, Personnel Division),
they may elect to discontinue City medical coverage and receive two
hundred dollars ($200) per month to deposit into their Deferred
Compensation account or any other pre-tax program offered by the
City.
3. Section 125 Plan
Effective April 1, 2000, employees may begin utilizing this plan, which
allows employees to use pre-tax salary to pay for regular child care, adult
dependent care and/or medical expenses.
C. Life and Accidental Death and Dismemberment
Each employee under age sixty-five (65) shall be provided with $45,000
accidental death and dismemberment insurance paid for by the City. Each
employee shall have the option, at his or her own expense, to purchase an
additional amount of life insurance in the amount of $25,000, $50,000 or
$100,000. Evidence of insurability is contingent upon total participation in
additional amounts.
D. Long Term Disability Insurance
This program provides, for each incident of illness or injury, a waiting period of
thirty (30) calendar days, during which the employee may use accumulated sick
leave, vacation pay, or the employee may elect to be in a non -pay status.
Subsequent to the thirty (30) day waiting period, the employee will be covered by
an insurance plan paid for by the City, providing 66 2/3 percent of the first
$10,000 of the employee's basic monthly earnings.
The maximum benefit period for disability due to accident or sickness shall be to
age 65.
Days and months refer to calendar days and months. Benefits under the plan
are integrated with sick leave, Worker's Compensation, Social Security and other
non -private program benefits to which the employee may be entitled. Disability
is defined as: "The inability to perform all of the duties of regular occupation
during two years, and thereafter the inability to engage in any employment or
occupation, for which he is fitted by reason of education, training or experience."
Rehabilitation benefits are provided in the event the individual, due to disability,
must engage in another occupation. Survivor's benefits continues plan payment
for three (3) months beyond death. A copy of the plan is on file in the
Administrative Services Department.
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9
AORANDUM OF UNDERSTANDIA
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
E. Miscellaneous
1. City Paid Premiums While on Medical Disability
When an employee is off work without pay for reason of medical disability,
the City shall maintain the City paid employee's insurance premiums during
the period the employee is in a non -pay status for the length of said leave,
not to exceed twenty-four (24) months.
2. Insurance Benefits Advisory Committee
The City and the Association agree to establish and participate in a city-
wide joint labor and management insurance benefits advisory committee to
discuss and study issues relating to insurance benefits available for
employees.
3. Health Plan Over -Payments
Unit members shall be responsible for accurately reporting the removal of
ineligible dependents from health plan coverages. The City shall have the
right to recover any premium paid by the City, including premiums to its self -
insured plan, on behalf of ineligible dependents. Recovery of such over-
payments shall be made as follows:
a. Reduction of Employee's Bi-Monthly Salary Warrant
The employee's bi-monthly salary warrant shall be reduced by one-half
of the amount of the bi-monthly over -payment, (e.g., if the over-
payment is $150 a month, the bi-monthly contribution would be $75.
The employee's bi-monthly salary payment shall be reduced by
$37.50). Such reduction shall continue until the entire amount of the
over -payment is recovered.
b. Notice of Ineligible Dependents
The City shall use its best efforts to advise all unit members of their
obligation to report changes in the status of dependents which affect
their eligibility.
c. Twelve Month Recovery Period
The City shall be entitled to recover a maximum of twelve (12) months
of premium over -payments. Neither the employee nor the dependent
shall be liable to the City other than as provided herein.
4. Federal Health Plan
In the event the Federal Government enacts a Federal Health Plan that
includes public employees and becomes effective during the life of this
agreement, the parties agree to reopen the Health and Welfare Article and
meet and confer regarding the impact of that plan implementation.
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10
MAORANDUMi OF UNDERSTANDI
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
ARTICLE IX - LEAVE BENEFITS
A. General Leave
1. Accrual
Effective December 24, 1999, employees will cease to accrue sick leave
and vacation leave, and the Long -Term Disability Insurance waiting period
shall be reduced from 60 to 30 days. Instead, employees will begin
accruing general leave at the accrual rates outlined below. General leave
may be used for any purpose, including vacation, sick leave, and personal
leave. Vacation time accrued through December 24, 1999 will be added to
the employee's general leave account effective December 25, 1999.
General leave shall be accrued as follows:
General Leave
Years of Service Allowance
First through Fourth Year
176 Hours
Fifth through Ninth Year
200 Hours
Tenth through Fourteenth Year
224 Hours
Fifteenth Year and Thereafter
256 Hours
2. Eligibility and a fR*646o Approval
Accrued vaeatiea general leave may be taken after six (6) months' service.
Vasatiea and '„� kleave) General leave accrued time afe is to be
computed from hiring date anniversary. Members shall not be permitted to
take a-YasatieR general leave in excess of actual time earned. Effective
D %Mber 94 , 19 December 25, 1999, members shall not accrue
vaeatien general leave in excess of fear six hundred hours (499) (600).
. Employees may not use their YaGatieR
general leave to advance their separation date on retirement or other
separation from employment. General leave must be pre -approved;
except for illness, injury or family sickness, which may require a
physician's statement for approval.
3. Receipt of VaGateGR Pff Pay Check Prior to General Leave
Upon one (1) week's written notification to the Deputy City
Administrator/Administrative Services, an employee represented herein
shall be entitled to receive general leave pay, less deductions, in advance,
prior to his regularly scheduled annual vacation. Such requests are limited
to one during each calendar year.
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11
AORANDUM OF UNDERSTANDI
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
4. Conversion to Cash
Once during each fiscal year, each employee shall have the option to
convert into a cash payment or deferred compensation up to a total of one
hundred twenty (120) hours of earned general leave benefits. The
employee shall give two (2) weeks advance notice of his/her desire to
exercise such option.
5. Medical Premium Conversion
Employees electing to participate in the City's group medical plan after
retirement may cause the premiums to be paid by the City out of any
available funds due and owing them under terms of the agreement for
unused sick leave or general leave benefits upon retirement.
B. Sick Leave
1. Accrual
No employee shall accrue sick leave after December 24, 1999.
2. Credit
Employees hired prior to December 25, 1999 shall be credited with their
sick leave accrued as of December 24, 1999.
3. Usage
Employees may use accrued sick leave for the same purposes for which it
was used prior to December 25, 1999.
4. Family Sick Leave
Sick leave may be used for an absence due to illness of the employee's
spouse or child when the employee's presence is required at home,
provided that such absences shall be limited to forty (40)
hours per calendar year.
5. Pay Off At Termination
a. Employees covered by this agreement and on the payroll on
November 20, 1978 shall be entitled to the following sick leave payoff
plan:
At involuntary termination by reason of disability, or by death, or by
retirement, employees shall be compensated at their then current rate
of pay for seventy-five percent (75%) of all unused sick leave
accumulated as of July 1, 1972, plus fifty percent (50%) of unused sick
leave accumulated subsequent to July 1, 1972, up to a maximum of
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12
AORANDUM OF UNDERSTANDIIO
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
720 hours of unused, accumulated sick leave, except as provided in
paragraph 4 below.
Upon termination for any other reason, employees shall be
compensated at their then current rate of pay for fifty percent (50%) of
all unused, accumulated sick leave, up to a maximum of 720 hours of
such accumulated sick leave.
b. Employees hired after November 20, 1978 shall be entitled to the
following sick leave payoff plan:
Upon termination, all employees shall be paid, at their then current
salary rate, for twenty-five percent (25%) of unused, earned sick leave
to 480 hours accrued, and for thirty-five percent (35%) of all unused,
earned sick leave in excess of 480 hours, but not to exceed 720 hours,
except as provided in paragraph 4 below.
C. Except as provided in paragraph 4 below, no employee shall be paid
at termination for more than 720 hours of unused, accumulated sick
leave. However, employees may utilize accumulated sick leave on the
basis of "last in, first out" meaning that sick leave accumulated in
excess of the maximum for payoff may be utilized first for sick leave,
as defined in Personnel Rule 18-8.
d. Employees who had unused, accumulated sick leave in excess of 720
hours as of July 5, 1980, shall be compensated for such excess sick
leave remaining on termination under the formulas described in
paragraphs 1 and 2 above. In no event shall any employee be
compensated upon termination for any accumulated sick leave in
excess of the "cap" established by this paragraph (i.e., 720 hours plus
the amount over 720 hours existing on July 5, 1980). Employees may
continue to utilize sick leave accrued after that date in excess of such
"cap" on a "last in, first out" basis.
e. To the extent that any "capped" amount of excess sick leave over 720
hours is utilized, the maximum compensable amount shall be
correspondingly reduced. (Example: Employee had 1,000 hours
accumulated. Six months after July 5, 1980, employee has
accumulated another 48 hours. Employee is then sick for 120 hours.
Employee's maximum sick leave "cap" for compensation at termination
is now reduced by 72 hours to 928 hours.)
f. Employees electing to participate in the City's group health insurance
program after retirement may cause the premiums to be paid by the
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City out of any available funds due and owing them under the terms of
this agreement for unused sick leave benefits upon retirement. Sick
leave may be used for an absence due to the illness of the employee's
spouse or child when the employee's presence is required at home,
provided that such absences shall be limited to five (5) days per
calendar year.
C. Bereavement Leave
Employees shall be entitled to bereavement leave not to exceed two (2) work
shifts for employees on a 24-hour work schedule or three (3) working days in
case of death in the immediate family. "Immediate family" is defined as spouse,
father, stepfather, mother, stepmother, sisters, brothers, stepsisters,
stepbrothers, mother-in-law, father-in-law, children, stepchildren, grandchildren
and grandparents of the employee or spouse.
D. Paternity Leave
Effective January 1, 2000, fathers may utilize accumulated sick leave in addition
to general leave and compensatory time, or take unpaid leave, to care for their
newborn or adopted child (or children if more than one is born or adopted at the
same time) up to a total of 160 hours annually.
ARTICLE X — CITY RULES
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
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APAORANDUM OF UNDERSTANDI
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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.
b) 5-14 — Promotional Exams
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.
2. Rule 7 — Discipline
a) 7-2 — Causes for Discipline
12) AddiGtRGR W the iGe of narne-+inJA-P h-a-hit feFmiRg -.-lrUne.9T
,
illegal e f daRgeFeus dFug possession, use or sale of
illegal narcotics or habit-forming drugs, while on -duty or on
City property.
14)
.�ncarrY GtheF e#eRGe iRyelyinn rvmeFal twpi+, s, deemed to be a
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
contenders, 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
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AORANDUM OF UNDERSTANDIIf
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MUM
■
_ ■
. .
. . . . . . . .
_ ■
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a) 8-1 — Medical Examination. Evaluation of Employee's Work
Capacity. Demotion. Transfer or Termination of Appointment
At any time a department head has reasonable cause to believe
that an employee may not be able to perform the duties of his/her
position for physical or psychological reasons, such department
head shall consult with the Personnel Director regarding such
belief. If the Personnel Director concurs, the department head
may order the employee to submit to a medical or psychological
examination. The employee shall be offered the opportunity, in
writing, to select from a panel of three to five physicians or
psychologists to conduct the examination. The cost of such
examination shall be paid by the City and, to the extent
practicable, shall be scheduled during the work hours with no
loss of pay.
The department head shall review the medical or psychological
report and shall consult with the Personnel Director regarding the
physician's assessment of the employee's ability to perform the
duties of his/her position. Any decision regarding such employee
shall be made in accordance with the Americans with Disabilities
Act.
Notwithstanding any other provision of this rule, an employee
being evaluated for medical or psychological fitness to perform
the duties of his/her position may apply for another position in
the competitive service for which he/she has qualified. If such
employee is qualified and can perform the duties of a lower
paying vacant position for which he/she has applied, he/she will
be placed in such position, without competitive examination,
subject to the approval of the department head.
(The City and Association agree to meet biannually to discuss the
8-1 process).
b) 8-3 — Layoff in Accordance with Length of Service
The City and the Association agree that the first sentence in Personnel
Rule 8-3 shall be modified to read as follows: Layoff shall be made in
accordance with the relative length of the last period of continuous
service of the employees in the class of layoff, provided, however, that
no permanent employee shall be laid off until all temporary, acting and
probationary employees in the competitive service holding positions in
the same class are first laid off.
c) 8-11 — Re -Employment
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With the approval of the Personnel Director, an employee who has
resigned in good standing from the competitive service may be re-
employed to his/her former position, if vacant, or to a vacant position in
the same or comparable class within one (1) year from date of
resignation in accordance with Rule 5-21. If such re-employment
commences within ninety days of the effective date of resignation, the
employee shall not be considered a new employee for vacation and
seniority purposes.
4. Rule 12 - Classification Plan
a) 12-10 - Temporary Employees
Employment on a basis other than
permanent or probationary to a permanently budgeted position
not to exceed 1000 hours in any twelve (12) month period.
Employees occupying temporary positions shall not be included in the
competitive service and shall not be subject to these rules and
regulations.
5. Rule 14 - Additional 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 PeF69RRel 9iron+9r Department Head, through the Personnel
Director 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
serrest-Salwy iRequities F660iRg fFE)rn aGtiieRs by dep"ar-tMei',rrhea s
or to give credit for prior city service in connection with appointments,
promotions, reinstatements, transfers, reclassifications, or demotions.
Other Salary adjustments within the salary range for the class, other
than merit salary adjustments authorized by Section 14-1, may be
approved made by the Qer69. Rel BeaF,d City Administrator, upon
recommendation of appliratiGR by the department head through the
Personnel Director. Such recommendation shall include the
reason(s) for the adjustment, whether the advancement is to be
permanent or temporary, and an effective date. tFaRsmi#ed to thee
n eaFd byzthe -ReF69R,gel--PesE)F, tege##eF with -fa+sTese,,,,,,�r
_.-.._. ,-_....-...-... _. ,_...ram M JT, ,,...-. ...MJ -- .... -- ... ...-
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6. Rule 18 — Attendance and Leaves
MNM
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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 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
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AORANDUM OF UNDERSTANDINO
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illnesses, periods of absences shall be applied concurrently to all
qualifying injuries or illnesses.
Industrial Accident Leave compensation shall begin on the first
day an eligible employee is absent due to a qualifying injury or
illness as defined above. Industrial accident Leave compensation
will terminate on the earliest of the following:
1) The date upon which the injury or illness giving rise to
eligibility for compensation under this rule is declared
permanent and stationary by a treating or examining
physician; or
2) The date PERS approves an application for disability
retirement benefits filed by the employee or by the City; or
3) The employee receives thirty (30) days advance notice and
refuses to submit to a medical examination ordered by PERS
pursuant to Government Section 21154 or otherwise refuses
to cooperate with 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 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.
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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.
b) 18-19 — Maternity Leave
The City and the Association agree to modify the present Personnel
Rule 18-19 Maternity Leave to read as follows: "A permanent
employee shall be entitled to a leave of absence without pay due to
inability to work due to pregnancy. The employee will be entitled to use
available sick leave during this period. Said leave must be requested
in writing from the Department Head and must include written
notification from the employees physician stating the last day the
employee may work and the estimated duration of leave. The
employee must obtain written authorization to return to work from the
attending physician. Said authorization must be filed with the
Department Head and the Personnel Director."
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 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 decision in the
form of a written report and recommendation to the City
Administrator within five (5) days following such hearing. The
City Administrator may, in his discretion, receive additional
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AORANDUM OF UNDERSTANDIO
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evidence or argument by setting the matter for hearing within
ten (10) days following his receipt of such report and causing
notice of such hearing to be served upon all interested parties.
Within five (5) days after receipt of report, or the hearing
provided for above, if such hearing is set by the City
Administrator, the City Administrator shall make written decision
and cause such to be served upon the employee or employee
organization and the Personnel Director.
2) Step 5 — Personnel Board Hearing
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.
8. Rule 20 — in Disciplinary nnMa#efs Procedure and Appeal
a) 20-1 — Purpose
The purpose of this rule is to provide a procedure for recommending
and imposing discipline against City employees, and a means by
which an nrieiiennec+ of employees "riGinr+ eut of diGGinlineni matters
meY he ,disraussed and Fes ved at the level G'96e6t to 4hn
p. The nrievaRGe nreeed ire PFWided fer in 4hils F ale deer
virr '
net apply to review ecvv--e - atZ'eFS GeveFed by Rule 19 of th;6 reGel+inn
may administratively appeal any such disciplinary action.
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AORANDUM OF UNDERSTANDINO
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'••
il!PMAiBtYlirX1.Y/1!fllfiiM
AW�N4MfAdiMIMIi15.M�7.YlY
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191:,ilNf
W."IT.Mr-ITIMA5 Wall
10
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AORANDUM OF UNDERSTANDIS
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
b) 20-2 — Disciplinary Procedures
1) Notice of Proposed Adverse Action
For disciplinary demotions, suspensions or dismissals, an
employee shall be grew 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 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
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, and the reasons therefore and effective date or
the action.
c) 20-53 — Appeal to Personnel EeaaW Commission
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AORANDUM OF UNDERSTANDIS
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
if the-gr+eat ettled URdeFStep 3, it. Disciplinary action
involving the termination, suspension, demotion or other
reduction in pay may be appealed to the Personnel Reard
Commission for de novo hearing and final determination in
accordance with the following procedure:
1) Request for Appeal
Within five (5) days after the time deni6ien ic. reRd8Fed „^,nor
employee's receipt of a final Notice of
Discipline, a written statement of gFio.,.,., request for an
appeal to the Personnel Commission shall be filed with
submitted to th^e; �P�e,}r�so.,n� n,.el Director. SUGh stateme+m
-�GTa } e 6ha ll 4't ferll�--iR detail the —PRTIaI+TW of the rieyan` e
f
dete FMiR;4tieA
2) Hearing
As soon as practicable thereafter, the Personnel Director shall set the matter for
hearing before a hearing officer. The hearing officer shall hear the case without the
Board and shall make recommended findings, conclusions and decision in the form of a
written report and recommendation to the Board.
3) Final Decision
The Board shall consider the written report and
recommendations of the hearing officer and after due
deliberation in executive session, shall render a decision in the
matter which shall be final and binding on all parties, and from
which there shall be no further appeal.
d) 20-64 — Supplemental Hearing by Personnel Board
1) The Board may, in its sole discretion, after it has received the
written report and recommendation of the hearing officer, set
the matter for private hearing for the purpose of receiving
additional evidence or argument. In the event the Board sets a
private hearing for such purposes, the Personnel Director shall
give written notice to all parties concerned in such matter.
2) The Board, following a consideration of the hearing officer's
written report and recommendation and deliberation thereon
and any supplemental hearing before the Board, shall make
findings, conclusions and decisions which shall be final and
binding on all parties and from which there shall be no further
appeal.
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e) 20-05 - Employee Status on Pending CinR' lie+ermine+ien Appeal
Notwithstanding the provisions of Rule 7, Section 7-4 (Suspension with
Pay), the disciplinary action of a depm^head,-er—the City
A^', istFate" if a depaFtment head 06 iRY91yed, shall be effective
pending Feview by the appellate allthGFmty,
id eerier) � RIess the ae4ien of the
��}�� ��crrva-t+ri'rcav�uvnvrr-vra-ra..
authWity 4e nreVide ,feF.empeRGa�innTlvR,GF 76-Tc ke{�iled. The appellate
el thGFity may eFder reinr4a4emen+ i+f +he emn'eyee and may oFant fb i11
dial 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 of
The City and the employee, or employee organization may, by mutual
consent, extend the time period within which an act must occur in the
processing of grievances.
c) 21-13, Time Extension, Grievances
The City and the employee, or employee organization may, by mutual
consent, extend the time periods within which an act must occur in the
processing of grievances.
B. Employer -Employee Relations Resolution
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AORANDUM OF UNDERSTANDIS
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1. Modification of Section 7 — Decertification and Modification
a) The City and the Association desire to maintain labor stability within
the representational unit to the greatest extent possible, consistent
with the employee's right to select the representative of his or her own
choosing. For these purposes, the parties agree that this Agreement
shall act as a bar to appropriateness of this unit and the selection of
the representative of this unit, except during the month of August prior
to the expiration of this Agreement. Changes in bargaining unit shall
not be effective until expiration of the MOU Except as may be
determined by the Personnel Commission pursuant to the procedures
outlined below. This provision shall modify and supersede the time
limits, where inconsistent, contained in Section 7 of the current
Employer -Employee Relations Resolution of the City of
Huntington Beach.
b) The City and the Association have agreed to a procedure whereby the
City, by and through the Personnel Director, would be entitled to
propose a Unit Modification. The Association and the City agree to
jointly recommend a modification of the City of Huntington Beach
Employer -Employee Relations Resolution (Resolution Number 3335)
upon the City's having completed its obligation to meet and confer on
this issue with all other bargaining units.
The proposed changed to the Employer -Employee Relations
Resolution is as follows:
7-3. Personnel Direction 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:
1) The Personnel Director shall give written notice of the proposed
Unit Modification of Modifications to all employee organizations
that may be affected by the proposed change. Said written
notification shall contain the Personnel Director's rationale for the
proposed change including all information which justifies the
change pursuant to the criteria established in Section 6-5 for
Appropriateness of Units. Additionally, the Personnel Director
shall provide all affected employee organizations with all
correspondence, memoranda, and other documents which relate
to any input regarding the Unit Modification which may have been
received by the City or from affected employees and/or sent by
the City to affected employees;
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2) 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;
3) 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;
4) 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.
C. Rules Governing Layoff. Reduction in Lieu of Layoff and Re -Employment
1. Part 1 — Layoff Procedure
a) General Provisions
1) Whenever it is necessary, because of lack of work or funds to
reduce the staff of a City department, employees may be laid off
pursuant to these rules.
2) Whenever an employee is to be separated from the competitive
service because the tasks assigned are to be eliminated or
substantially changed due to management -initiated changes,
including but not limited to automation or other technological
changes, it is the policy of the City that steps be taken by the
Personnel Division on an interdepartmental basis to assist such
employee in locating, preparing to qualify for, and being placed in
other positions in the competitive service. This shall not be
construed as a restriction on the City government in effecting
economies or in making organizational or other changes to
increase efficiency.
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3) A department shall reduce staff by identifying which positions
within the department are to be eliminated.
4) The employee who has the least City-wide service credit in the
class within the department shall have City-wide transfer rights in
the class pursuant to Part 1, Section 3, Transfer or Reduction to
Vacancies in Lieu of Layoffs, or within the occupational series
pursuant to Part 2, Bumping Rights.
5) If a deadline within this procedure falls on a day that City Hall is
closed, the deadline shall be the next day City Hall is open.
b. Service Credit
1) Service credit means total time of full-time continuous service
within the City at the time the layoff is initiated, including probation,
paid leave or military leave. Permanent part-time employees earn
service credit on a pro-rata basis.
2) Except as required by law, leaves of absence without pay shall not
earn service credit.
3) As between two or more employees who have the same amount
of service credit, the employee who has the least amount of
service in class shall be deemed to be the least senior employee.
c. Transfer or Reduction to Vacancies in Lieu of Layoff
1) In lieu of layoff, a transfer within class shall be offered to an
employee(s) with the least amount of service credit in the class
designated for staff reduction within a department subject to the
following:
a) The employee has the necessary qualifications to perform the
duties of the position.
b) The employee shall be given the opportunity, in order of
service credit, to accept a transfer to a vacant position in the
same class within the City, provided the employee has the
necessary qualifications to perform the duties of the position.
c) If no position in the same class is vacant, the employee shall
be given the opportunity, in order of service credit, to transfer
to the position in the same class that is held by an incumbent
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in another department with the least amount of service credit
whose position the employee has the necessary qualifications
to perform.
2) If an employee(s) is not eligible for transfer within the employee's
class, the employee shall be offered, in order of service credit, a
reduction to a vacant position in the next lower class within the
City in the occupational series in lieu of layoff provided the
employee has the necessary qualifications to perform the duties of
the position.
3) If the employee refuses to accept a transfer or reduction pursuant
to A. or B., above, the employee shall be laid off.
d. If the employee(s) in the class with the least amount of service credit is
in the position(s) to be eliminated or displaced by transfer, the
employee shall be offered bumping rights, pursuant to Part 2, Service
Credit.
e. Any employee who takes a reduction to a position in a. lower class
within the occupational series in lieu of layoff shall be placed on the
reinstatement/reemployment list(s) pursuant to Part 3., Reemployment.
2. Order of Layoff
a) Prior to implementing a layoff, vacant positions that are authorized to
be filled shall be identified by Citywide occupational series. If the
employee refuses to accept a position pursuant to Section 3., above,
the employee shall be laid off.
b) No promotional probationary employee or permanent employee within
a class in the department shall be laid off until all temporary,
nonpermanent part-time and non -promotional probationary employees
in the class are laid off. Permanent employees whose positions have
been eliminated may exercise citywide bumping rights to a lower class
in the occupational series pursuant to Part 2.
c) When a position in a class and/or occupational series is eliminated,
any employee in the class who is on authorized leave of absence or is
holding a temporary acting position in another class shall be included
for determining order of service credit and be subject to these layoff
procedures as if the employee was in his or her permanent position.
3. Notification of Employees
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30
AORANDUM OF UNDERSTANDIO
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
a) The Personnel Division shall give written notice of layoff to the
employee by personal service or by sending it by certified mail to the
last known mailing address at least fifteen (15) calendar days prior to
the effective date of the layoff. Normally notices will be served on
employees personally at work.
b) Layoff notices may be initially issued to all employees who may be
subject to layoff as a result of employees exercising voluntary
reduction/bumping rights.
c) The notice of layoff shall include the reason for the layoff, the effective
date of the layoff, the employee's hire date and the employee's service
credit ranking. The notice shall also include the employee's right to
bump the person in a lower class with the least service credit within
the occupational series provided the employee possesses the
necessary qualifications to successfully perform the duties in. the
lower class and the employee has more service credit than the
incumbent in the lower class.
d) The written layoff notice given to an employee shall include notice that
he or she has seven (7) calendar days from the date of personal
service, or date of delivery of mail if certified, to notify the
Personnel Director in writing if the employee intends to exercise the
employee's bumping rights, if any, pursuant to Part 2, Bumping Rights.
e) Whenever practicable, any employee with the least amount of service
credit in a lower class within an occupational series which is identified
for work force reduction shall also be given written notice that such
employee may be bumped pursuant to Part 2. This notice shall include
the items referred to in C., above.
f) If an employee disagrees with the City's computation of service credit
or listed date of hire, the employee shall notify the Personnel Director
as soon as possible but in no case later than five (5) calendar days
after the personal service or certified mail delivery. Disputes regarding
date of hire or service credit shall be jointly reviewed by the Personnel
Director and the employee and/or the employee's representative as
soon as possible, but in no case later than five (5) calendar days from
the date the employee notifies the Personnel Director of the dispute.
Within five (5) calendar days after the dispute is reviewed, the
employee shall be notified in writing of the decision.
4. Part 2 — Bumping Rights
a) Voluntary Reduction or Bumping in Lieu of Layoff
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31
AORANDUM OF UNDERSTANDIR
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
1) A promotional probationary employee or permanent employee
who receives a layoff notice may request a reduction to a position
in a lower class within the occupational series provided the
employee possesses the necessary qualifications to perform the
duties of the position.
2) Employees electing reduction under A above, shall be reduced to
a position authorized to be filled in a lower class within the
employee's occupational series. The employee may reduce to a
lower class in his/her occupational series by: 1) filling a vacancy in
that class, or 2) if no vacancy exists, displacing the employee in
the class with the least service credit whose position the employee
has the necessary qualifications to perform. A displaced
employee shall have bumping rights.
3) An employee who receives a layoff notice must exercise bumping
rights within seven (7) calendar days of receipt of the notice as
specified in Part 1. Failure to respond within the time limit shall
result in a reputable presumption that the employee does not
intend to exercise any right of reduction or bumping to a lower
class. The employee must carry the burden of proof to show that
the employee's failure to respond within the time limits was
reasonable. If the employee establishes that failure to respond
within the time limit was reasonable, to the Personnel Director's
satisfaction, the employee shall be permitted to exercise bumping
rights but shall not be reinstated to a paid position until the
employee to be bumped has vacated the position. If the employee
disagrees with the Personnel Director's decision, the employee
may appeal pursuant to the provisions of Sections 3 and 4 below.
b) Reinstatement/Re-employment Lists
Any employee who takes a reduction to a position in a lower class
within the occupational series in lieu of layoff shall be placed on tile
reinstatement/re-employment list pursuant to Part 3, Re-employment.
c) Qualifications Appeal
Any employee who is denied a reduction to a position in a lower class
within the occupational series on the basis that the employee does not
possess the necessary qualifications to successfully perform the duties
of the lower position may appeal the decision. The appeal shall be
filed with the Personnel Director within five (5) calendar days of the
employee's receipt of written notice of the decision and reason(s) for
denial. The employee's appeal shall be in writing and shall include
supporting facts or documents supporting the appeal.
99-01 FMA MOU draft.doc 01/10/00 4:49 PM
32
AORANDUM OF UNDERSTANDII0
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
d) Qualifications Appeal Hearing
1) Upon receipt of an appeal, the Personnel Director shall contact a
mediator from the California State Mediation and Conciliation
Service to schedule a hearing within two (2) weeks after receipt of
the appeal. If the California State Mediation and Conciliation
Service is not available within that time frame, the parties shall
mutually select a person who is available within the time frame. If
the California State Mediation and Conciliation Service and the
person mutually selected are not available within tile time frame,
the parties shall select the earliest date either is available to
conduct the hearing. The parties shall split the cost, if any, of the
hearing officer. In addition, the parties shall meet within three (3)
workdays to attempt to resolve the dispute. If the dispute remains
unresolved, the parties shall endeavor in good faith to submit to
the hearing officer a statement of all agreed upon facts relevant to
the hearing.
2) Appeal hearings shall be limited to two (2) hours, except as
otherwise agreed by the parties or directed by the hearing officer.
3) The hearing officer shall attempt to resolve the dispute by mutual
agreement if possible. If no agreement is reached, the hearing
officer shall render a decision at the conclusion of the hearing
which shall be final and binding
5. Part 3 — Re-employment
a) Re-employment
1) Employees who are laid off or reduced to avoid layoff shall have
their names placed .upon a reemployment list, for each class in
the occupational series, in seniority order at or below the level of
the class from which laid off or reduced.
2) Names of persons placed on the reemployment lists shall remain
on the list for two (2) years from the date of layoff or reduction.
3) Vacancies shall be filled from the reemployment list for a class,
starting at tile top of the list, providing that the person meets the
necessary qualifications for tile position.
4) Names of persons are to be removed from the reemployment list
for a class if on two (2) occasions they decline an offer of
99-01 FMA MOU draft.doc 01/10/00 4:49 PM
33
AORANDUM OF UNDERSTANDIO
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
employment or on two (2) occasions fail to respond to offers of
employment in a particular class within five (5) calendar days of
receipt of written notice of an offer. Any employee who is
dismissed from the City service for cause shall have his or her
name removed from all re-employment lists.
5) Re-employment lists shall be available to HBMEA and affected
employees upon reasonable request,
6) Qualification appeals involving reemployment rights shall be
resolved in the same manner as that identified in Part 2.,
Section 4.
b) Status on Re-employment
1) Persons re-employed from layoff within a two (2) year period from
the date of layoff shall receive the following considerations and
benefits:
a) Service credit held upon layoff shall be restored, but no credit
shall be added for the period of layoff.
b) Prior service credit shall be counted toward sick leave and
vacation accruals.
c) Employees may cash in sick leave upon layoff or at any time
after layoff in the manner and amount set forth in existing
Memoranda of Understanding for that employee's unit. Sick
leave shall be paid to an employee when the reemployment
list(s) expire(s), if not previously paid.
d) Upon reinstatement the employee may have his or her sick
leave re -credited by repayment to the City the cashed amount.
Sick leave accumulation of less than 480 hours shall be
restored upon reemployment.
e) The employee shall be returned to the salary step of the
classification held at the time of the layoff and credited with
the time previously served at that step prior to being laid off.
f) The probationary status of the employee shall resume if
incomplete.
2) Employees who have been reduced in class to avoid layoff and
are returned within two (2) years to their former class shall be
99-01 FMA MOU draft.doc 01/10/00 4:49 PM
34
AORANDUM OF UNDERSTANDI
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
placed at the salary step of the class they held at the time of
reduction and have their merit increase eligibility date recalculated.
ARTICLE XI -- MISCELLANEOUS
A. Vehicle Policy
1. The auto allowance for qualifying members shall be $350 per month.
2. The monthly automobile allowance shall not be reduced during the term of
this agreement.
3. Eligibility for automobile allowance shall be determined in accordance with
the Administrative Regulation, Vehicle Use Policy and the City's Fleet
Management Program.
4. Unit members agree to all provisions of the City's Fleet Management
Program dated August 1999.
B. Deferred Compensation Loan Program
Effective January 1, 2000, unit members may borrow up to 50% of their deferred
compensation funds for critical needs such as medical costs, college tuition, or
purchase of a home, pursant to program standards and regulations.
99-01 FMA MOU draft.doc 01/10/00 4:49 PM
35
AO'
RANDUM OF UNDERSTANDIS
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
ARTICLE XII - CITY COUNCIL APPROVAL
It is the understanding of the City and the Association that this Memorandum of
Understanding is of no force or effect whatsoever unless and until adopted by
Resolution of the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this day of , 2000.
HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
City Administrator
Personnel Director
Fire Chief
APPROVED AS TO FORM:
City Attorney
99-01 FMA MOU draft.doc 01/10/00 4:49 PM
36
4E MANAGEMENT ASSOCIATIOP
MEMORANDUM OF UNDERSTANDING
EXHIBIT A - FIRE MANAGEMENT ASSOCIATION SALARY SCHEDULE
Effective December 25, 1999
Step
Job Code
Classification
Range
A
B
C
D
E
0231
Fire Battalion Chief
565
6323
6676
7044
7430
7839
0213
Fire Division Chief
593
7276
7676
8099
8545
9015
Effective December 23, 2000
Step
Job Code
Classification
Range
A
B
C
D
E
0231
Fire Battalion Chief
571
6522
6881
7259
7657
8079
0213
Fire Division Chief
599
7498
7910
8346
8805
9288
qEMORANDUM OF UNDERSTANRNG
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
EXHIBIT B — RETIREE SUBSIDY MEDICAL PLAN
An employee who has retired from the City shall be entitled to participate in the City sponsored
medical insurance plans and the City shall contribute toward monthly premiums for coverage in
an amount as specified in accordance with this Plan, provided:
A. At the time of retirement the employee has a minimum of ten (10) years of continuous
City service or is granted an industrial disability retirement; and
B. At the time of retirement, the employee is employed by the City; and
C. Following official separation from the City, the employee is granted a retirement
allowance by the California Public Employees' Retirement System.
The City's obligation to pay the monthly premium as indicated shall be modified
downward or cease during the lifetime of the retiree upon the occurrence of any one of
the following:
1. During any period the retired employee is eligible to receive or receives
health insurance coverage at the expense of another employer, the
payment will be suspended. "Another employer" as used herein means
private employer or public employer or the employer of a spouse. As a
condition of being eligible to receive the premium contribution as set forth in
this plan, the City shall have the right to require any retiree to annually
certify that the retiree is not receiving or eligible to receive any such health
insurance benefits from another employer. If it is later discovered that a
misrepresentation has occurred, the retiree will be responsible for
reimbursement of those amounts inappropriately expended and the retiree's
eligibility to receive further benefits will cease.
2. On the first of the month in which a retiree or dependent reaches age 65 or
on the date the retiree or dependent can first apply and become eligible,
automatically or voluntarily, for medical coverage under Medicare (whether
or not such application is made) the City's obligation to pay monthly
premiums may be adjusted downward or eliminated. Benefit coverage at
age 65 under the City's medical plans shall be governed by applicable plan
document.
3. In the event the Federal Government or State Government mandates an
employer -funded health plan or program for retirees, or mandates that the
City make contributions toward a health plan (either private or public) for
4EMORANDUM OF UNDERSTANONIG
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
EXHIBIT B — RETIREE SUBSIDY MEDICAL PLAN CONTINUED
retirees, the City's contribution rate as set forth in this plan shall first be
applied to the mandatory plan. If there is any excess, that excess may be
applied toward the City medical plan as supplemental coverage provided
the retired employee pays the balance necessary for such coverage, if any.
4. In the event of the death of any employee, whether retired or not, the
amount of the retiree medical insurance subsidy benefit which the
deceased employee was receiving at the time of his/her death would be
eligible to receive if he/she were retired at the time of death, shall be paid
on behalf of the spouse or family for a period not to exceed twelve (12)
months.
SCHEDULE OF BENEFITS
A. Minimum Eligibility for Benefits -- With the exception of an industrial disability retirement,
eligibility for benefits begin after an employee has completed ten (10) years of
continuous service with the City -of Huntington Beach. Said service must be continuous
unless prior service is reinstated at the time of his/her rehire in accordance with the
City's Personnel Rules.
B. Disability Retirees -- Industrial disability retirees with less than ten (10) years of service
shall receive a maximum monthly payment toward the premium for health insurance of
$121. Payments shall be in accordance with the stipulations and conditions which exist
for all retirees. Payment shall not exceed dollar amount which is equal to the full cost of
premium for employee only.
C. Maximum Monthly Subsidy Payments -- All retirees, including those retired as a result of
disability whose number of years of service prior to retirement exceeds ten (10), shall be
entitled to maximum monthly payment of premiums by the City for each year of
completed City service as follows:
99-01 FMA MOU draft.doc 39 01/10/00 4:49 PM
'REMORANDUM OF UNDERSTANDING
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
EXHIBIT B - RETIREE SUBSIDY MEDICAL PLAN CONTINUED
Maximum Monthly Payment
for Retirements After:
Years of Service
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
10/1 /92
$ 121
136
151
166
181
196
211
226
241
256
271
286
300
315
330
344
Note: The above payment amounts may be reduced each month as dependent eligibility
ceases due to death, divorce or loss of dependent child status. However, the amount shall not
be reduced if such reduction would cause insufficient funds needed to pay the full premium for
the employee and the remaining dependents. In the event no reduction occurs and the
remaining benefit premium is not sufficient to pay the premium amount for the employee and
the eligible dependents, said needed excess premium amount shall be paid by the employee.
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4EMORANDUM OF UNDERSTANDING
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
INDEMNITY HEALTH PLAN, EMPLOYEES/RETIREES
This summary lists only those benefit provisions that differ between active and subsidized
Retiree Plans. The Employee Health Plan Document should be consulted for detailed
questions about specific benefits. Benefits are subject to modification through the meet and
confer process.
Benefits'
Deductible per person
Deductible per family
Maximum Out of Pocket
Coinsurance PPO
Non-PPO
YEAR 2000
City Plan - Employees
Non -Subsidized Retirees
COBRA -eligibles
$150
$450
$1000 per person
$2000 per family
YEAR 2001
90% of UCR
70% of UCR
City Plan - Subsidized
Retirees
$200
$500
$1500 per person
$3000 per family
90% of UCR
60% of UCR
Note: Retirees who elect to participate in HealthNet or PacifiCare shall be entitled to benefits of
the program chosen.
'- This summary lists only those benefit provisions that differ between active and subsidized Retiree Plans. The
Employee Health Plan Document should be consulted for detailed questions about specific benefits. Benefits are
subject to modification through the meet and confer process.
'REMORANDUM OF UNDERSTANOG
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
RETIREE SUBSIDY MEDICAL PLAN/MISCELLANEOUS PROVISIONS
A. Eligibility:
1. The effective start-up date of the Retiree Subsidy Medical Plan for the
various employee groups shall be the first of the month following retirement
date.
2. A retiree may change plans, add dependents, etc., during annual open
enrollment. Personnel shall notify covered retirees of this opportunity each
year.
3. Years of service computed for the Retiree Subsidy Medical Plan are actual
years of completed service with the City of Huntington Beach.
4. When a retiree is eligible for medical plan coverage at the expense of
another employer due to post -retirement employment of the retiree or
spouse of the retiree, the retiree and his/her spouse must take that
coverage regardless of benefit level and shall be deleted from any City Plan
coverage. Exceptions to this requirement are limited to the following:
a. A retiree is not required to enroll in such "other" medical plan coverage
if there is significant disparity between the benefits provided by the
"other" medical plan and the Retiree Subsidy Medical Plan as defined
below. "Significant disparity" means coverage available under the
"other" medical plan is restrictive or limited in one or more of the
following ways:
1) No in -patient hospitalization coverage.
2) No major medical benefits
3) Annual deductible is $1,000 or greater per person.
4) Major medical benefits are paid at 60% or less of covered
expenses.
b. The Risk Manager will have the authority to provide additional
exceptions following review of the "other" medical plan policy.
Exceptions will be made only if the "other" medical plan benefit
provisions are comparable to the guidelines under B above.
EMORANDUM OF UNDERSTANDG
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
EXHIBIT B — RETIREE SUBSIDY MEDICAL PLAN CONTINUED
c. Miscellaneous Provisions:
1. Benefits provided under the Retiree Subsidy Medical Plan will
be coordinated with the "other" medical plan as the primary
carrier.
2. The City shall have the right to require any retiree to provide a
copy of the "other" medical plan policy for review by the
Risk Manager.
5. When a retiree becomes eligible for the other group coverage and then
becomes no longer eligible, he/she may have the subsidy reinstated and
regain Retiree Subsidy Medical Plan coverage.
6. Dependents of a retiree may follow him/her into the Retiree Subsidy
Medical Plan or they may choose to exercise COBRA rights along with the
retiree.
7. When a retiree becomes 65 and has eligible dependents under 65, said
dependents are eligible to exercise COBRA rights.
8. When a retiree is under 65 and his/her spouse is over 65, the spouse is not
covered.
B. Benefits:
1. Retiree Subsidy Medical Plan includes Managed Health Network (MHN),
Prescription Card System (PCS), Orange County Preferred Provider
Organization (OCPPO) and Medical Stop Loss insurance.
2. City Plans are the primary payer for active employees age 65 and over, with
Medicare the secondary payer. Retirees age 65 and over have no City
Plan options and are eligible only for Medicare.
3. Premium payments are to be received at least one month in advance of the
coverage period.
C. Subsidies:
1. The subsidy payments will pay for:
a. Retiree Subsidy Medical Plan.
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9EMORANDUM OF UNDERSTAND
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
EXHIBIT B — RETIREE SUBSIDY MEDICAL PLAN CONTINUED
b. HealthNet.
c. PacifiCare.
d. Part A of Medicare for those retirees not eligible for paid Part A.
2. Subsidy payments will not pay for:
a. Part B Medicare.
b. Regular City Employee Indemnity Plan.
c. Any other employee benefit plan.
d. Any other commercially available benefit plan.
e. Medicare supplements
3. Employees who retire on or after the following dates shall be eligible for the
subsidy based on years of completed service with the City.
October 1, 1987: MEO, MEA, POA, MSOA, FA and PMA.
July 1, 1988: Non -Represented.
Retirees who retire prior to the above dates are not eligible for any subsidy
benefit.
D. Medicare:
1. All persons are eligible for Medicare coverage at age 65. Those with
sufficient credit quarters of Social Security will receive Part A of Medicare at
no cost. Those without sufficient credited quarters are still eligible for
Medicare at age 65, but will have to pay for Part A of Medicare if the
individual elects to take Medicare. In all cases, Part B of Medicare is paid
for by the participant.
2. When a retiree and his/her spouse are both 65 or over, and neither is
eligible for paid Part A of Medicare, the subsidy shall pay for Part A for each
of them or the maximum subsidy, whichever is less.
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9EMORANDUM OF UNDERSTANNG
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
EXHIBIT B — RETIREE SUBSIDY MEDICAL PLAN CONTINUED
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. If such retiree was covering dependents under the Plan,
dependents will be eligible for COBRA continuation benefits effective
as of the retiree's 65th birthday.
b. Dependent coverage will be eliminated upon whichever of the
following occasions comes first:
1) After 36 months of COBRA continuation coverage, or
2) When the covered dependent reaches age 65 in the event
such dependent reaches age 65 prior to the retiree reaching
age 65.
c. At age 65 retirees are eligible to make application for Medicare. Upon
being considered "eligible to make application", whether or not
application has been made for Medicare, the Retiree Subsidy Medical
Plan will be eliminated.
2. See provisions under "Benefits", "Subsidies", and "Medicare" for those
retirees/dependents not eligible for paid Part A of Medicare.
3. Retiree Subsidy Medical Plan and COBRA participants shall be notified of
non-payment of premium by means of a certified letter from Personnel in
accordance with provisions of the Memorandums of Understanding.
4. A retiree who fails to pay premiums due for coverage and is in arrears for
sixty (60) days shall be terminated from the Plan and shall not have
reinstatement rights.
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•
•
EXHIBIT C — EMPLOYEE HEALTH PLAN BROCHURE
A copy of the Employee Health Plan Brochure
may be obtained from the
Insurance and Benefits Division
EXHIBIT D — DELTA CARE (PMI) DENTAL PLAN BROCHURE
A copy of the Delta Care (PMI) Brochure
may be obtained from the
Personnel Division
99-01 FMA MOU draft.doc 47 01/10/00 4:49 PM
0
EXHIBIT E — DELTA DENTAL PLAN BROCHURE
A copy of the Delta Dental Plan Brochure
may be obtained from the
Personnel Division
99-01 FMA MOU draft.doc 48 01/10/00 4:49 PM
•
EXHIBIT F — SAFEGUARD DENTAL PLAN BROCHURE
A copy of the Safeguard Dental Brochure
may be obtained from the
Personnel Division
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•
EXHIBIT G — VISION (VSP) PLAN BROCHURE
A copy of the Vision (VSP) Brochure
may be obtained from the
Personnel Division
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RCA ROUTING S, EET
INITIATING DEPARTMENT:
Administrative Services
SUBJECT:
Approve MOU with FMA
COUNCIL MEETING DATE:
January 18, 2000
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
PUBLIC COMMENTS 0
CityCouncil Meeting 18 January 2000 RECEIVED FROM Sc,�
g — rY AND MADE A PART OF THE RECQRD AT TIE
Agenda Items F-1, F-2 and F-3 COUNCIL MEETING OF c` c <_
OFFICE OF THE CITY CLERK
CONNiE BROCKWAY, CITY CLERK
P✓b 1, C Ce�
Good evening. My name is Chuck Scheid. I am a resident of Huntington Beach.
I recommend that you pull Agenda Items F-1, F-2 and F-3 to allow more time for
detailed consideration. I remain convinced that the Compensation and
Classification Study is badly flawed, even after talking with the consultant, Doug
Johnson, for about one hour last Friday.
Just one example this evening. Many more to come in future weeks. For the
Crimi1nalist Supervisor position, benchmark data were obtained from four cities.
We would like a larger sample size, of course, but decisions were made in other
cases based on samples of four and, in some cases, on samples of three.
The data show that our supervisor was already paid much higher than the 75tn
percentile; in fact, about $450 per month more than the highest paid employee of
the four cities with comparable jobs. But these data were discarded in favor of
using the current salary of. the man who reports to the supervisor, the Senior
Criminalist.
No comparative data are provided for this individual at all. It is apparently just
assumed that his existing salary is "about right." Now if we use the internal
guideline that a supervisor "typically" makes about 15% more than those he
supervises, we have to give the supervisor a $260 per month increase. With the
4% general increase tacked on top of that, the Criminalist Supervisor now makes
nearly $1000 per month more than the highest paid employee of the four cities
with comparable positions, almost $12,000 per year more.
Interestingly, if we look at the "Criminalist" job family that was in place, and use
the so-called "internal relationship guidelines,„ we find that the Senior Criminalist,
chosen as a baseline with no supporting data, is out of line and seems to be
significantly overpaid. No wonder that a salary derived from his salary gets even
farther out of line.
Mr. Johnson will probably discuss this item later and make it all sound plausible, .
mentioning, I might speculate, other data not in the report, additional telephone
conversations, possible misinterpretation of the data by me, his experience, etc.
I'm like Will Rogers — I only know what I read in the papers - or in this case the
Final Report and the backup data provided so far.
You are really giving away the store, folks. I can't believe that you fully
understand the future financial iMplications. I again urge you to table these items
for further review.
Thank you, Mr. Mayor.
Chuck Scheid 415 words
(714) 536 -7077
11
•
Effective Compensation PI
♦ Ensures ability ib--attract and retai well -
qualified employees'
♦ Provides a sound basisforcompe isating
employees �
♦ Allows flexibility and adaptability ed
on changing market conditions �
•
'Effective Compensation PI,
♦ Establishes fair \and equitable sala y
levels for all City employees
♦ Establishes a pay plan consistent ith
prudent public practices �
♦ Ensures that the City's compensati, n
practices are competitive and consi ent
with those of comparable employers_____,______
•
•
'Study Objectives
♦ Conduct a base salary study using
comparable agencies,
♦ Analyze market survey data and
document comparisons �\
e Examine internal equity based upon
authority,. responsibility, and span o
control
•
'Study Objectives
♦ Conduct an internal relationship a alysis,
develop consistent internal relatio ship
guidelines and rectify salary comp ction
problems
♦ Present specific salary recommerL tions
based on the results of the markets rvey
and internal relationship analysis ��
•
•
'Labor Market Conditions
♦ Unemploymenf'rate is at its lowe t point sine
1970
s 2.1% in Orange�Gounty
1.6% in Huntington
♦ Beach
♦ Huntington Beach ranks'98t" in
t e 100 largest
U.S.
cities in employees per capita.,,
♦ Orange County and Huntington
B. ach have
a high
cost of living
E
•
Labor Market Conditions
♦ There has been a rapid rise in t e pay IeVE
Is for
Engineers, Information System ,Financial
Analysts, etc.
♦ City -required drug testing -,of pr spective
employees
♦ Regional cost of living increase f 12.6% since
1993 with 4% employee pay incre ses during
same period
'Labor Market Definition
♦ Geographic Proximity - employe s in direct
competition with the --City to recruit and retain
personnel
♦ Employer Size -employers-.,sim i la in size an
complexity offer the greater likelih od that
comparable positions exist �
e Nature of Services Provided -
♦ Employers compete with one anothe -for-e ployees-----
♦ Employers have comparable jobs
o Employers have similar organization I and eco _ mi___
characteristics
C.
•
'Survey Agencies
♦ Anaheim
s
Irvine
♦ Buena Park
Missi n Viejo
v Costa Mesa
New ort Beach
♦ Fountain Valley
♦Oran
e
♦ Fullerton.
♦Santa
na
♦ Garden Grove
♦Tustin
\�
♦ Huntington Beach
♦Wes
mins r
lj
•
11
LI
Market 75th Percentile Reco ende
'Johnson & Associates bas u Po
e The City's Ability to Pay
♦ Priority of Compensation versus ther
Expenditures
♦ Recruitment and Retention (t-u-mov r)
problems
♦ Comparability of the Survey Agenci
♦ Quality of Staff Required --
0
E
Salary Recommendations
s Benchmark classedwere establis ed
using the market data,
♦ Internal relationship gu�el nes us d to
establish salary ranges for classe within
a related series (Classification
Relationship Chart) ��
171
Classification Relationsh,ip,
Percentage
i eren is
ntry eves to Journey eve �,
o
Journey Level to vanceJourney"-Lei
o
Lead vier Subordinate Class
10 o
Specialized ass Over Related Class \
o ---TD7o
upermsor anager Over Subordinate Class \
o
Recognition of Certification/Reg istration
\\
o
Historical ay Relationships, Where Appropriate
Consideration of Scope of Impact an agnitu e o sourceManaged
Equality Relationships between Peer Level Tessional\and Yanager
•
'Salary
♦ Salary levels for non -benchmark j b
classes .not within sfirUctured serie were
set relative to closest related clas .
Factors considered include,,pex ert se,
�
independence, scope and imp -act f
responsibilities, and similarity ofjo.p � Y
.�
functions
♦ Salary ranges for supervisors and,
management classes were establishe
using the .internal relationship gui eline
-o