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HBFMA - Fire Management Association - 2008-11-17
Council/Agency Meeting Held:_ Deferred/Continued to: )"ppr ved ❑ Conditionally Approved ❑ Denied AD C k's S ature Council Meeting Date: September 6, 2011 Depa nt ID Number: HR 11-013 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Michele Carr, Director of Human Resources SUBJECT: Authorize the City Manager to sign the Side Letter Agreement and adopt Resolution No. 2011-64 extending and modifying the current Fire Management Association (FMA) Memorandum of Understanding (MOU) by adopting a Side Letter of Agreement Statement of Issue: City and FMA representatives have met and conferred regarding extension of the current Memorandum of Understanding. Financial Impact: Finance has estimated the annualized savings to the City of the additional CalPERS pick-up to be approximately $27,000. The savings over the two-year term of the side -letter extension is approximately $54,000. Recommended Action: Motion to: A). Authorize the City Manager to sign the Side Letter Agreement; and, B). Adopt Resolution No. 2011-64, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Fire Management Association (FMA), By Adopting the Side Letter Agreement (MOU Extension)" Alternative Action(s): Do not Adopt Resolution No. 2011-64, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Fire Management Association (FMA), By Adopting the Side Letter Agreement (MOU Extension)" Item 9. - 1 HB -326- REQUEST FOR COUNCIL ACTION MEETING DATE: 9/6/2011 DEPARTMENT ID NUMBER: FIR 11-013 Analysis: Staff met with representatives of the Fire Management Association to discuss terms and conditions for an additional extension of the present Memorandum of Understanding (MOU) which is in effect until June 30, 2012. The parties have agreed to the following: • MOU extension until September 30, 2013. • Amend employee -paid share of CalPERS pick-up from 4.25% to 6.75% effective October 1, 2011. • Agreement to implement a two -tiered retirement system if all other safety units agree. Labor representatives and City Administration have met and conferred regarding the proposal. FMA has agreed to the proposal (side -letter agreement is hereby incorporated as an attachment). Environmental Status: N/A Strategic Plan Goal: Maintain financial viability and our reserves Attachment(s): 1 1. Resolution 2011-64 "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Fire Management Association (FMA), By Adopting the Side Letter Agreement (MOU Extension)," including Exhibit A, The Side Letter Agreement KB -327- Item 9. - 2 ATTACHMENT #1 Item 9. - 3 HB _;218_ RESOLUTION NO. 2011-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE FIRE MANAGEMENT ASSOCIATION (FMA), BY ADOPTING THE SIDE LETTER OF AGREEMENT (MOU EXTENSION) WHEREAS, on November 17, 2008, the City Council of Huntington Beach adopted Resolution No. 2008-72 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Fire Management Association (FMA); Subsequent to the adoption of the MOU, the City of Huntington Beach and FMA agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and FMA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to MOU Extension. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. Section 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and FMA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of September, 2Q11. 0 r WfREVIED APPROVED:APPROVED AS TO FORM: —� L amity Attorney U INITIAT D AND APPROVED: Deputy City ager Exhibit "A" - Resolution No. 2011-64 City of Huntington Beach SIDE LETTER AGREEMENT Representatives of the Fire Management Association ("FMA") and the City of Huntington Beach ("City") hereby agree to the following terms related to the FMA MOU with respect to the following: ARTICLE I - TERM OF MOU This Agreement shall be in effect for a period of forty-eight (48) months commencing July 1, 2008 and expiring on June 30, 2012. a) The Association shall have the exclusive option to extend the MOU, without any change in its terms and conditions, for an additional year through and including June 30, 2013. (Resolution No. 2010-20) b) This article is hereby amended to extend the term of the MOU so that the MOU, as amended herein, shall expire September 30, 2013. ARTICLE V - SALARY SCHEDULES AND RETIREMENT C. California Public Employees' Retirement System (CaIPERS Pick-up) Each employee covered by this agreement shall be reimbursed an amount equal to nine percent (9%) of the employee's part of his/her California Public Employees' Retirement System (CaIPERS) contribution unless otherwise modified in this MOU. The above CaIPERS pickup is not salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. Article V (C) is hereby modified such that the combined City -paid and employee -paid CaIPERS pickup contribution equals 9%. The City shall pay 4.75% of each employee's "compensation earnable" of the employer -paid contribution of 9%. All employees covered by this agreement shall pay 4.25% of "compensation earnable" towards the employer -paid contribution of 9%. (Resolution 2010-20). i. Article V (C) is hereby modified such that the combined City -paid and employee -paid CaIPERS pickup contribution equals 9%. The City shall pay 2.25% of each employee's "compensation earnable" of the employer -paid contribution of 9%. All employees covered by this agreement shall pay 6.76% of "compensation earnable" towards the employer -paid contribution of 9%. F. CaIPERS Additional Benefits 1. The City shall provide all safety employees with the retirement program commonly known and described as the "3% at age 50 plan" which is based on the retirement formula as set forth in the CaIPERS, Section 21362.2 of the California Government Code, including the one-half continuance option (Government Code Sections 21263 and 21263.1) for safety employees and the Fourth Level of the 1959 survivor option for all employees as established by the CaIPERS, Section 21382 of the California Government Code. a. If all of the other safety units agree, the Association commits to implementation of a second tier retirement formula for new hires. Exhibit "A" - Resolution No. 2011-64 Side -Letter Implementation Except as modified above, all remaining terms and conditions set forth in the existing MOU, and all wages, hours and other terms and conditions of employment described therein and presently enjoyed by represented employees shall remain in full force and effect throughout the remainder of the term of the MOU as extended. The modified provisions contained in this side letter are effective October 1, 2011 and will remain in full force and effect unless otherwise specifically modified, either by extension of this side -letter, a subsequent side -letter or a successor memorandum of understanding. The parties agree that this side -letter agreement and the implementation thereof will not be subject to Personnel Rule 19 — Grievance Procedure/Non-Disciplinary Matters, or otherwise appealed either administratively. or in a court of competent jurisdiction. IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to be executed by and through their authorized officers on '-,5�n6 6 . 1 O// Huntington Beach Fire Management Association Bob Brown President Dated: I William Reardon Vice -President p .- Dated: O — 3y City of Huntington Beach City Manager AP ROVED AS TO FORM: Jennifer M. McGrath City Attorney Dated: P! 3 Rl ZC, tI Res. No. 2011-64 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on September 6, 2011 by the following vote: AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, Boardman NOES: None ABSENT: None ABSTAIN: None Clerk and ex-officiqXlerk of the City Council of the City of Huntington Beach, California Council/Agency Meeting Held: o/z) Deferred/Continued to: .Ap roved Conditionally AAA p roved ❑ Denied Cit ler 's SfgnatureU Council Meeting Date: 03-01-10 Department ID Number: HR 10-05 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City SUBMITTED BY: Fred A. Wilson, Cify Admir PREPARED BY: Michele Carr, Di SUBJECT: FMA Side -Letter Autl drizi CalPERS Contributi n / embers Increased Employee -Paid Portion of Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: City and FMA representatives have met and conferred regarding increasing the employee -paid portion of CalPERS from 2.25% to 4.25%. Funding Source: N/A Recommended Action: Motion to: Adopting Resolution No. 2010- 20 , a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Fire Management Association (FMA), By Adopting the Side Letter Agreement Alternative Action(s): Do not Adopt Resolution No. 2010- 20 , a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Fire Management Association (FMA). REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 03-01-10 DEPARTMENT ID NUMBER: HR 10-05 Analysis: Staff met with representatives of the Fire Management Association to discuss alternatives to assisting the City of Huntington Beach in meeting its future projected economic shortfalls. FMA was provided with a variety of labor cost and expense data related to its membership. Based upon the data, FMA has elected to increase its share of the employee -paid contribution to CalPERS from 2.25% to 4.25% (an additional 2%). Finance has estimated the annualized savings to the City to be $29,100 for a period of 18 months. The Association has also agreed to a provision that would permit extension of the MOU for one year to June 30, 2013. Labor representatives and City Administration have met and conferred regarding the proposal; and FMA has agreed to the proposal (side -letter agreement is hereby incorporated as an attachment). Strategic Plan Goal: Maintain our financial reserves. Environmental Status: N/A Attachment(s): 1 1. Resolution 2010- 20 Amending the Memorandum of Understanding between the City of Huntington Beach and the Fire Management Association (FMA) by adopting the side letter of agreement, including Exhibit A: The Side Letter Agreement. -2- 2/25/2010 10:08 AM RESOLUTION NO. 2010-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION (FMA), BY ADOPTING THE SIDE LETTER OF AGREEMENT WHEREAS, on November 17, 2008, the City Council of Huntington Beach adopted Resolution No. 2008-72 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach Fire Management Association (FMA); Subsequent to the adoption of the MOU, the City of Huntington Beach and FMA agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and FMA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. Section 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and FMA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on theme day of _ Marcti,010. APPROVED: A VED AS TO FORM: r *, e ff„ A City of Huntington Beach SIDE LETTER AGREEMENT Representatives of the Fire Management Association ("FMA") and the City of Huntington Beach ("City") hereby agree to the following terms related to the FMA MOU with respect to the following: ARTICLE V - SALARY SCHEDULES AND RETIREMENT C. California Public Employees' Retirement System (CaIPERS) Pick-up Each employee covered by this Agreement shall be reimbursed an amount equal to nine percent(9%) of the employee's part of his/her California Public Employees' Retirement System (CaIPERS) contribution unless otherwise modified in this MOU. The above CaIPERS pickup is not salary but is clone pursuant to Section 414(h)(2) of the Internal Revenue Code. Article V (C.) is hereby modified such that the combined City -paid and employee -paid CaIPERS pickup contribution equals 9%. The City shall pay 4.75% of each employee's "compensation earnable" of the employer -paid contribution of 9%. All employees covered by this agreement shall pay 4.25% of "compensation earnable" towards the employer -paid contribution of 9%. Side -Letter Implementation The modified provisions contained in this side letter are effective April 3, 2010, following approval by the City of Huntington Beach City Council and will remain in full force and effect until the end of the pay period that includes September 30, 2011, unless otherwise specifically modified, either by subsequent side -letter or a successor memorandum of understanding. The parties agree that the execution of this Side Letter Agreement may not be challenged by the Association or any employee it is recognized to represent through the City's grievance procedure or in any other forum unless the challenge is based upon an allegation that the Agreement was the product of fraud, misrepresentation or unlawful coercion on the part of City representatives. The Association shall have the exclusive option to extend the MOU, without any change in its terms and conditions, for an additional year through and including June 30, 2013. IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to be executed by and through their authorized officers on Huntington (Beach City of Huntington Beach Fire Management Association /, A Bob Brown President Dated: jG William Reardon Vice -President Dated: P_ & -- / 0 Jilson inistrator APPROVED AS TO FORM: nnifer�Mc�Gr��� City Attorney Dated: . 2;�')' 10 Res. No. 2010-20 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on March 1, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None CV Clerk and ex-offici Jerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: Human Resources SUBJECT: FMA CaIPERS Pick -Up COUNCIL MEETING DATE: March 1, 2010 Ordinance (w/exhibits & legislative draft if applicable) Attached LJ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Ap licable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable RCA Author: MSC TO: FROM: DATE: SUBJECT: Interdepartmental Memo Joan Flynn, City Michele Carr, D March 1, 2010 Late Communication: Replacement of RCA Exhibits for the Fire Management Association (FMA) The Human Resources Department submitted RCA HR 10-05 for Council Action. After the documents were submitted, changes to the language and an option to extend the MOU were made to Exhibit A: The Side Letter Agreement as follows: THE SIDE LETTER OF AGREEMENT - PAGE 1 As submitted: Side -Letter Implementation The. modified provisions .contained in this side, letter are effective April 3, 2010, following approval by the City of Huntington Beach City Council and will remain in full force and effect until the end 'of the pay period that .includes September 30, 2011, unless otherwise specifically modified, either by subsequent side -letter or a successor memorandum of understanding. The parties agree that this side -letter agreement and the implementation thereof will not be subject to Personnel Rule 19 - Grievance Procedure/Non- Disciplinary Matters, or otherwise appealed either administratively or in a court of competent jurisdiction. Modified language: Side -Letter Implementation The modified provisions contained in this side letter are effective April 3, 2010, following approval by the City of Huntington Beach City Council and will remain in full force and effect until the end of the pay period that includes September 30, 2011, unless otherwise specifically modified, either by subsequent side -letter or a successor memorandum of understanding. Late Comm Memo - FMA RCA & Side letter -1- 2/26/2010 4:46:00 PM CITY OF HUNTINGTON BEACH IOLJ Interdepartmental Memo The parties agree that the execution of this Side Letter Agreement. may not be challenged by the Association or any employee it is recognized to represent through the City's grievance procedure or in any other forum unless the challenge is based upon an allegation that the Agreement was the product of fraud, misrepresentation or unlawful coercion on the part of City representatives. The Association shall have the exclusive option to extend the MOU, without any change in its terms and conditions, for an additional year through and including June 30, 2013. The language was modified in the analysis of the RCA to reflect these changes. Please replace the following pages in Resolution 2010-20 with the attached revised version. Thank you in advance for your help. Attachments: RCA — Page 2 Exhibit A: Page 1 of the Side Letter of Agreement Late Comm Memo - FMA RCA & Side letter -2- 2/26/2010 4:46:00 PM City of Huntington Beach SIDE LETTER AGREEMENT Representatives of the Fire Management Association ("FMA") and/the City of Huntington Beach ("City") hereby agree to the following terms related to the FMA MOU with respect to the following: ARTICLE V - SALARY SCHEDULES AND RETIREMENT C. California Public Emblovees' R Each employee covered by this Agreement shall be reimbursed an amount equal to nine percent (9%)7of the employee's part of his/her California Public Employees' Retirement System (CalPERS) contribution unless otherwise modified in this/MOU. The above CalPERS pickup is not salary but is done pursuait to Section 414(h)(2) of the Internal Revenue Code. l Article V (C.) is hereby modified such that the combined City -paid and employee -paid CalPERS pickup contribution equals 9%. The City shall pay 4.75% of each � ///employee's "compensation earnable" of the employer -paid contrit�iutioo of 9%. All employees covered by this agreement shall pay 4.25 /o of compensation earnable towards the employer -paid contribution of 9%. Side -Letter Implementation The modified p ovisions contained in this side letter are effective April 3, 2010, followin�approval by the City of Huntington Beach City Council and will remaiFent full force and effect until the end of the pay period that includes Sember 30, 2011, unless otherwise specifically modified, either by subseq side -letter or a successor memorandum of understanding. The par ies agree that this side -letter agreement and the implementation thereof will not be subject to Personnel Rule 19 -Grievance Procedure/Non- Discip nary Matters, or otherwise appealed either administratively or in a cour of competent jurisdiction. {' "Yr;, ,. a G E REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 02-16-10 DEPARTMENT ID NUMBER: FIR 10-05 Analysis: Staff met with representatives of the Fire Management Association to discuss' alternatives to assisting the City of Huntington Beach in meeting its future projected economic shortfalls. FMA was provided with a variety of labor cost and expense data related to its membership. Based upon the data, FMA has elected to increase its share of the employee -paid contribution to CalPERS from 2.25% to 4.25% (an additional 2%,). Finance has estimated the annualized savings to the City to be $29,100 for a period of 1,8 months. Labor representatives and City Administration have me and conferred regarding the proposal; and FMA has agreed to the proposal (side -letter agreement is hereby incorporated as an attachment). , Strategic Plan Goal: Maintain our financial reserves. Environmental Status: N/A Attachment(s): 1 1. Resolution 2010- 20 Amending the Memorandum of Understanding between the City of Huntington Beach and the Fire/Management Association (FMA) by adopting the side letter of/agreement, including Exhibit A: The Side Letter Agreement. -2- 2/22/2010 4:51 PM City of Huntington Beech SIDE LETTER AGREEMENT Representatives of the Fire Management Association ("FMA") `and the City of Huntington Beach ("City") hereby agree to the following terms related to the FMA MOU with respect to the following: r ARTICLE V - SALARY SCHEDULES AND RETIREMENT C. California Public Employees' Retirement Svstem (Cal Each employee covered by this Agreement shall be reimbursed an amount equal to nine percent (9%) of the employee's part of his/her California Public Employees' Retirement System (CaIPERS) contribution unless otherwise modified in this MOU. The above CaIPERS pickup is not salary but is done pursuant to Section 414(h)(2) of the Internfal Revenue Code. Article V (C.) is hereby modified si employee -paid CaIPERS pickup contri 4.75% of each employee's "compel contribution of 9%. All employees 4.25% of "compensation earnable"fto% 9%. j ict that the combined City -paid and )�tion equals 9%. The City shall pay ;ation earnable" of the employer -paid covered by this agreement shall pay cards the employer -paid contribution of The modified provisions containe ` in this side letter are effective April 3, 2010, following approval by the City o /Huntington Beach City Council and will remain in full force and effect until the efid of the pay period that includes September 30, 2011, unless otherwise specifically modified, either by subsequent side -letter or a successor memorandum of understanding. The parties agree that the/execution of this Side Letter Agreement may not be challenged *by the Association or any employee it is recognized to represent through the City's grievance procedure or in any other forum unless the challenge is based upon an allegation that the Agreement was the product of fraud, misrepresentation or unlawful coercion onCthe part of City representatives. The Association shall have the exclusive option to extend the MOU, without any change in its terms and conditions, for an additional year through and including June 30, 2013. f. a g e� �0 Y Yr IN WITNESS WHEREOF, the parties have caused this SIDE" LETTER AGREEMENT to be executed by and through their authorized,/officers on Huntington Beach Fire Management Association Bob Brown President Dated: William Reardon Vice -President City 9f Huntington Beach Frie'd A. Wilson 6ty Administrator Dated: 100 Dated: / Wted: /,—a rr �_ r of Human Resources APPROVED AS TO FORM: Jennifer M. McGrath City Attorney Dated: 511 q ; 4K M. I'A af, % Council/Agency Meeting Held:_ Deferred/Continued to: l Appr ved ❑ Conditionally Approved ❑ Denied 1-1;t—y Jerk's ignatu e Council Meeting Date: 12/21/2009 Department ID Number: FN 10-004 �•111111 IlI � EWas to - SUBMITTED TO: HONORABLE MAYOR AND CITY CO IL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST �R � PREPARED BY: BOB WINGENROTH, DIRECTOR O FINANCE i� SUBJECT: SIDE LETTERS FOR THE POLICE MANAGEMENT AND FIRE MANAGEMENT ASSOCIATIONS REGARDING USE OF CITY VEHICLES Fs - of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Align Memorandum of Understanding for the Police Management and Huntington Beach Fire Management Associations with City Administrative Regulations. Funding Source: None Recommended Action: Motion to: Adopt Resolution No. 2009- 83 "A Resolution of the City Council of the City of Huntington Beach amending the Memorandum of Understanding between the City and the Police Management Association, by Adopting the Side Letter of Agreement (Regarding Use of City Vehicles)" and Resolution No. 2009- 84 "A Resolution of the City Council of the City of Huntington Beach amending the Memorandum of Understanding between the City and the Huntington Beach Fire Management Association, by Adopting the Side Letter of Agreement (Regarding Use of City Vehicles)." Alternative Action(s): Do not approve the two separate Resolutions and direct staff accordingly. Analysis: City Administrative Regulations and policy restrict the personal use of City -owned vehicles. Side letters have been modified to align Memorandum of Understanding with Administrative Regulations. Employees assigned a vehicle will be required to be able to report directly to work or any emergency at anytime as needed. Use of the assigned vehicle for more than minimal personal use will not be authorized. REQUEST FOR CITY COUNCIL ACTION MEETING ®ATE: 12/21/2009 DEPARTMENT I® NUMBER: FN 10-004 Strategic Plan Goal: Improve Internal and External Communication. Environmental Status: Not applicable. Attachment(s): .x 1 . Resolution No. 2009- 83 "A Resolution of the City Council of the City of Huntington Beach amending the Memorandum of Understanding between the City and the Police Management Association, by Adopting the Side Letter of Agreement (Regarding use of City Vehicles)." 2. Resolution No. 2009- 84 "A Resolution of the City Council of the City of Huntington Beach amending the Memorandum of Understanding between the City and the Huntington Beach Fire Management Association, by Adopting the Side Letter of Agreement (Regarding use of City Vehicles)." -2- 12/7/2009 11:31 AM T RESOLUTION NO. 2009-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT (REGARDING USE OF CITY VEHICLES) WHEREAS, on November 17, 2008, the City Council of Huntington Beach adopted Resolution No. 2008-72 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach Fire Management Association (FMA); Subsequent to the adoption of the MOU, the City of Huntington Beach and FMA agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the FMA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to use of City vehicles. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. Section 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the FMA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21st day of December 200 9 . C ty Attorny 08-1783.004/41537 Exhibit "A" - Resolution No. 2009-84 SIDE LETTER AGREEMENT--HBFMA Representatives of the Huntington Beach Fire Management Association ("HBFMA") and the City of Huntington Beach ("City") have met and conferred and hereby agree to the following terms related to the Take Home Vehicle use pursuant to Article V.D.1. of the MOU between the HBFMA and City effective July 1, 2008. Effective �� M[ -�2 a/, o2002 , Article XII.A.5. of the MOU between HBFMA and City is hereby deleted and replaced as follows: ARTICLE XII -- MISCELLANEOUS A. Vehicle Policy 5. Only employees that reside within thirty-five (35) miles of the City limits may be assigned a City vehicle. An employee assigned a vehicle is required to be able to report directly to work or any emergency situation, at anytime at the direction of the Fire Chief or his/her designee. Use of the assigned vehicle for more than minimal personal use is not authorized. , Fo HBFMA President Dated: u t) For th Huntington Beach i Administrator Dated: Approved as to form: nnifer McGrath, City A rney Dated: 08-1783.003/41534 Res. No. 2009-84 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on December 21, 2009 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None CW Clerk and ex-officioQlerk of the City Council of the City of Huntington Beach, California I INITIATING DEPARTMENT: I FINANCE SUBJECT: SIDE LETTERS FOR THE POLICE MANAGEMENT AND FIRE MANAGEMENT ASSOCIATIONS REGARDING USE OF CITY VEHICLES COUNCIL MEETING DATE: December21, 2009 RCA ATTACHMENTS STATUS: Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLAHATW FOR MISSING ATTACHMENTS REVIEWED .'RETURNED FORW DEC Administrative Staff \ ( ) ( ) Deputy City Administrator (Irufiai)' City Administrator (Initial) \ \ ( ) ( ) City Clerk EXPLANATION FOR RETURN (Below Space, For City Clerk's U v7,Only); RCA Author: Bob Wingenroth Council/Agency Meeting Held: .� 6 Deferred/Continued to: Appr ed ❑Conditionally Approved ❑Denied City C 's Sig ature Council Meeting Date: 3/16/2009 Department ID Number: HR CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City SUBMITTED BY: Fred A. Wilson, City AdmK PREPARED BY: SUBJECT: Michele Carr, D Dan Villella, Fina ncil Members Adopt Resolutions adopting Side Letter Agreements on the MOUs and Resolution with City's Bargaining Units Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City of Huntington Beach and all employee bargaining units have met and conferred and agreed to modification of their respective MOUs and Resolution regarding supplemental retirement benefit options. Funding Source: There is no funding required for the recommended action. Recommended Action: Motion to: Adopt the following Resolutions - Resolution No.2009-12 A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Police Officers' Association (HBPOA), By Adopting The Side Letter Of Agreement. Resolution No.2009-13 A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Police Management Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 20nA_1 4 A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Marine Safety Officers Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No.2l1C1g_15 A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Firefighters' Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-16A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Fire Management Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-17A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Management Employees Organization, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-18A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Municipal Employees' Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-19 A Resolution of the City Council of the City of Huntington Beach Amending the Resolution Between the City and the Non -Associated Employees Regarding Supplemental Retirement Benefit Options. Alternative Action(s): Do not adopt the Resolutions. Analysis: CalPERS permits a retired annuitant to select either an unmodified pension benefit or to select a modified pension benefit option. CalPERS provides a total of five modified pension benefit options (2, 2W, 3, 3W & 4). Presently, the City's existing MOU and resolution language does not reflect all available options as part of the negotiated Supplemental Retirement benefit. Pursuant to the benefits provided by CalPERS, at retirement an employee may choose to receive the highest allowance (the Unmodified Allowance) provided by CalPERS while the employee is alive or the employee may choose to leave a portion of their pension benefit to a beneficiary upon their death (Attachment 1). If the employee chooses to leave a portion of their pension to a beneficiary, they are required to choose one of four survivor benefit options (ostensibly the option that provides the maximum pension benefit to the beneficiary). Selecting an option, other than the Unmodified Allowance, reduces the employees monthly retirement allowance. The amount of this reduction depends on which option is selected. The City agreed to pay retirees hired before 1997 or 1998, depending on bargaining unit, a Supplemental Retirement benefit which is the difference between the retiree's unmodified CalPERS allowance and the option that is chosen by the employee. Depending on the bargaining unit, the City agreed to pay the difference only if the employee chose Options 2 or 3 (or in some cases only Option 2) as defined in each MOU or resolution. In most cases, if an employee chooses Option 2 (or 3) the City is required to pay more in Supplemental Benefits than if the employee would have selected any other option. To provide a uniform method of applying the MOU or resolution provision, and to provide City retirees a benefit that will save the City money, City management met with all affected bargaining units and agreed that the City should provide the Supplemental Benefit for optional retirement settlements 2, 2W, 3, 3W & 4. Currently there are 540 retirees receiving this benefit. In addition, there are approximately 450 employees eligible for the benefit that were employed by the City prior to the elimination of the benefit.. This benefit is no longer available to new hires or employees hired after December 27, 1997. Annually the City retains a professional consulting firm to perform an actuarial valuation of the Retirement Supplement Plan. As of September 30, 2008 the Actuarial Accrued Liability of the Plan totaled just over $51 million. City assets assigned to the plan as of September 30, 2008 totaled just over $20 million, leaving an unfunded liability of approximately $30 million. As part of the actuarial analysis the consultant identifies an annual required contribution to the plan for purposes of amortizing the payment of the unfunded liability at a level amount over a 30 year period. The annual required contribution for fiscal year 2008/09 is anticipated to be $3.07 million The action recommended does not increase the unfunded liability of the Retirement Supplement Plan as the actuarial analysis assumes that future participants in the plan will enroll in the most expensive option available. This is done to insure that adequate resources are dedicated to the plan on an annual basis. A separate action item on the March 16, 2009 City Council agenda recommends the establishment of a Supplemental Retirement Trust and the selection of a professional investment firm to provide investment and trust related services under the oversight of a Retirement Board. Strategic Plan Goal: Fully understand the financial implications of financial decisions before they are made, and recognize and disclose fiscal impacts of the pension crisis. Environmental Status Attachment(s): Not Applicable LIST OF RETIREMENT BENEFIT OPTIONS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION (HBPOA), BY ADOPTING THE SIDE LETTER OF AGREEMENT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 4. 1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE MARINE SAFETY OFFICERS ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES ORGANIZATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH MUNICIPAL EMPLOYEES' ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE RESOLUTION BETWEEN THE CITY AND THE NOW ASSOCIATED EMPLOYEES REGARDING SUPPLEMENTAL RETIREMENT BENEFIT OPTIONS. ATTACHMENT NO. 1 DECISIONS TO MAKE BEFORE YOU RETIRE Your Options at Retirement At retirement, you can choose to receive the highest benefit payable, which is referred to as the "Unmodified Allowance." The Unmodified Allowance provides a monthly benefit to you that ends upon your death. You also have the choice of requesting a reduction in the Unmodified Allowance to provide a lump -sum or monthly benefit for a beneficiary upon your death. This section gives you an overview of various options available to you at retirement. Option 1 This retirement option provides a lump -sum payment of your remaining member contributions to your beneficiary after your death. The reduction to your monthly benefit to provide this payment is based on your life expectancy at retirement and the amount of your contributions. You may name one or more beneficiary(ies), and can name a new beneficiary at any time. If you name someone other than your spouse or registered domestic partner as your Option 1 beneficiary(ies), upon your death your spouse or domestic partner may still be entitled to a community property share of any remaining contributions. The following options 2, 2W, 3, 3W, and /f provide lifetime monthly benefits to your designated beneficiary. The reduction to your monthly benefit to provide a monthly allowance to your beneficiary is based on both your life expectancy at retirement and your beneficiary's — the younger your beneficiary, the greater the reduction. Ifyou have someone eligible for Survivor Continuance, the reduction is applied only to the option portion ofyour allowance. (Seepage 9 for more about Survivor Continuance.) In most cases, you may name only one beneficiary, and your designation: may not be changed after retirement except under limited circumstances. You may name someone other than your spouse or registered domestic partner for a lifetime death benefit allowance under options 2, 2W, 3, 3W or /f. However, your spouse or registered domestic partner may be entitled to a community property share of the beneficiary's monthly death benefit. Option 2 The same retirement allowance you receive will be paid to your beneficiary for life. If Survivor Continuance applies (See Page 9), and your beneficiary is not your eligible survivor, the beneficiary's allowance will not include the Survivor Continuance portion. Your retirement allowance will increase to the Unmodified Allowance if: • Your beneficiary dies; or • Your non -spouse or non -domestic partner beneficiary waives entitlement to the Option 2 benefit. 888 CaIPERS (or 888-225-7377) 1 www.calpers-ca.gov Your beneficiary is your spouse or domestic partner legally recognized in California and upon a divorce, legal separation, termination of partnership, or annulment you provide CalPERS with a judgment that awards you the entire interest in your CalPERS benefits; and You notify CalPERS of the change. Option 2W As an alternative to the Option 2, you may elect the slightly higher allowance under Option 2W. However, your allowance will not increase to.the Unmodified Allowance under the situations described in Option 2. Option 3 In this option, one-half of your monthly retirement allowance will be paid to your beneficiary for life. If Survivor Continuance applies (See Page 9), and your beneficiary is not your eligible survivor, the beneficiary's allowance will not include the Survivor Continuance portion. Your retirement allowance will increase to the Unmodified Allowance if • Your beneficiary dies; or • Your non -spouse or non -domestic partner beneficiary waives entitlement to the Option 3 benefit; • Your beneficiary is your spouse or domestic partner legally recognized in California and upon a divorce, legal separation, termination of partnership, or annulment you provide CAPERS with a judgment that awards you the entire interest in your CAPERS benefits; and • You notify CAPERS of the change. Option 3W As an alternative to the Option 3, you may elect the slightly higher allowance under Option 3W. However, your allowance will not increase to the Unmodified Allowance under the situations described in Option 3. Option 4 Option 4 is a somewhat flexible option. There are several unique variations of Option 4, each specifically designed to mesh with various situations that might apply to you. If you are interested in choosing a lifetime option, you should familiarize yourself with these options by obtaining the CalPERS publication A Guide to CaIPERS Retirement Option 4. The amount payable to your beneficiary under Option 4 cannot exceed the amount payable under Option 2W In addition, with any variation of Option 4, your allowance will not increase to the Unmodified Allowance under the situations described in Option. 2 or 3. CalPERS Member Publication ( Local Miscellaneous Survivor Continuance In making a decision about whether to reduce your Unmodified Allowance to provide for a beneficiary, you will want to consider if your employer offers Survivor Continuance. This is a contracted employer -paid benefit that public agency employers can offer you. This benefit consists of a monthly allowance that automatically continues to an eligible survivor following your death after retirement regardless of the retirement option you select. Who is Eligible? • Your spouse, if you were married for at least one year before your retirement and remained married until the date of your death, will receive the Survivor Continuance benefit for life. (For disability retirement, you need only to have been married at retirement and remained married until the date of your death.) Your domestic partner, if you were legally registered at least one year prior to your retirement and continuously until your death, will receive the Survivor Continuance benefit for life. (For disability retirement, you need only to have been registered as domestic partners at retirement and remained registered until the date of your death.) If you do not have an eligible spouse or registered domestic partner, your natural or adopted children under age 18, who have never been married, will receive this monthly benefit until marriage or age 18. A child who was disabled prior to age 18, never married, and whose disability has continued without interruption will receive this benefit until the disability ends or until marriage. Qualifying financially -dependent parents; if none of the above. 888 CaIPERS (or 888-225-7377) 1 www.calpers_ca.gov ATTACHMENT NO. 6 RESOLUTION NO. 2009-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION, BY ADOPTING A SIDE LETTER OF AGREEMENT REGARDING SUPPLEMENTAL RETIREMENT BENEFIT OPTIONS WHEREAS, the City Council of Huntington Beach adopted Resolution No. 2007-27 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach Fire Management Association (HBFMA); and Subsequent to the adoption of the MOU, the City of Huntington Beach and the HBFMA agreed to changes to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the HBFMA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to supplemental retirement benefits options, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of City of Huntington Beach as follows: The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the HBFMA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of March , 200 9 . Mayor APPROVED AS TO FORM: G C ty Attorne 26363 Exhibit "A", Resolution No. 200 9--16 SIDE LETTER AGREEMENT--HBFMA Representatives of the Huntington Beach Fire Management Association ("HBFMA") and the City of Huntington Beach ("City") have met and conferred on July 28, 2008 and hereby agree to the following terms related to the Supplemental Retirement Plan pursuant to Article V.D.1. of the MOU between the HBFMA and City effective July 1, 2006. EMPLOYEE SUPPLEMENTAL RETIREMENT PLAN: Effective June 16, 2008 , Article Article V.D.1. of the MOU between HBFMA and City is hereby deleted and replaced as follows: D. Self Funded Supplemental Retirement Benefit Employees hired prior to August 17, 1998 are eligible for the Self Funded Supplemental Retirement Benefit, which provides that: In the event an employee elects Option #1, #2, #2W, #3, #3W, or #4 of the Public Employees' Retirement Law, the City shall pay the difference between such elected option and the unmodified allowance which the employee would have received for his/her life alone as provided in California Government Code sections 21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the employee, shall be payable by the City during the life of the employee, and upon that employee'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. 2. Employees hired on or after August 17, 1998 shall not be eligible for this benefit. Fo r HBFMA k - 7� 017y�� Pre ident Dated: 08 25958 For *theHuntington Beach 'tXy Administrator Approved as to form: nifer McGrath, City A rney 7AqjV,..1,6 Ur( Dated: J + z4, Res. No. 2009-1 6 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on March 16, 2009 by the following vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen NOES: None ABSENT: None ABSTAIN: None Cif/Clerk and ex-officio6llerk of the City Council of the City of Huntington Beach, California Council/Agency Meeting Held: 1/ 1/ 7-1D� Deferred/Continued to: Appr ved ❑ Co ditionally Approved ❑ Denied Gdnl rJulx"f9I ".' it Cleges Sig ure Council Meeting Date: 11/17/08 Department ID Number: 08-10 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY t"CIL MEMBERS SUBMITTED BY: FRED WILSON CITY ADM R PREPARED BY: MICHELE CARR I ES SUBJECT: ADOPT RESOD T N 2008-72 APPROVING A MEMORANDUM OF UNDERSTAN G BE THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION (FMA) Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City and the Huntington Beach Fire Management Association (FMA) have tentatively agreed'to enter into a new Memorandum of Understanding (MOU) for the period July 1, 2008 — June 30, 2012. Funding Source: Funding is contained in the current Fiscal Year 2008/2009 budget and funding will be included in the budgets for Fiscal Years 2009/2010, 2010/2011, 2011/2012 and 2012/2013. The cost to implement the FMA MOU: • Fiscal Year 2008/2009: $ 178,303 • Fiscal Year 2009/2010: $ 98,267 • Fiscal Year 2010/2011: $ 74,388 a Fiscal Year 2011/2012: $ 59,029 • Totals: $ 4 99,987 Recommended Action: Motion to: Adopt Resolution No. 2008-72 a resolution of the City Council of the City of Huntington Beach approving and implementing the Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Fire Management Association (FMA) for the term of July 1, 2008 through June 30, 2012. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/17/08 DEPARTMENT ID NUMBER: 08-01 Alternative Action(s): Do not approve the Resolution for the FMA employees and direct staff to either attempt to continue to meet and confer with the Association or utilize the impasse procedures under the City's Employer - Employee Relations Resolution. Analysis: Representatives of the City and the FMA have completed the meet and confer process with agreement on a new Memorandum of Understanding (MOU) for the period of July 1, 2008 through June 30, 2012. The negotiations process focused primarily on wages and medical costs. Highlights from the listing of proposed pay and benefit changes include the following: Wage Increases ® 7% wage increase retroactive to the beginning of the pay period that includes July 1, 2008. • 5.5% wage increase for Battalion Chiefs effective January 1, 2009. • 4.0% wage increase for Division Chiefs effective January 1, 2009. • 3.25% wage increase for Battalion Chiefs effective July 1, 2009. • 3.0% wage increase for Division Chiefs effective July 1, 2009. • 2.0% wage increase effective January 1, 2010. • 2.0% wage increase effective July 1, 2010. • 2.0% wage increase effective January 1, 2011. • 2.0% wage increase effective July 1, 2011. ® 2.0% wage increase effective January 1, 2012. Medical/Dental The City and the Association agreed to provide increases to the City's maximum contribution to medical plans varying from 6.0% to 10% over the term of the agreement. The City and the Association agreed to provide increases to the City's maximum contribution to dental plans varying from 0% to 5% over the term of the agreement. There were minor revisions to a few other provisions in an effort to bring parity to the MOU based upon similar language contained in other association agreements. A summary of these and all other negotiated provisions are included as Attachment #1. Strategic Plan Goal: Fully understand the financial implications of financial decisions before they are made. Environmental Status: Not applicable -2- 11/10/2008 2:02 PM REQUEST FOR CITY COUNCIL. ACTION MEETING DATE: 11/17/08 DEPARTMENT ID NUMBER: 08-01 Attachment(s): 1. Legislative Draft — Memorandum of Understanding between the City of Huntington Beach and _the Huntington Beach Fire Management Association FMA for the period July 1, 2008 through June 30, 2012. 2. Resolution No: 2008- 72 Resolution to adopt a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Fire Management Association (FMA) for the period July 1, 2008 through June 30, 2012, including Exhibit A: Final Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Fire Management Association (FMA) for the period July 1, 2008 through June 30, 2012. -3- 11/7/2008 11:28 AM ATTACHMENT #1 lipliq . '&lfol Huntington �i I Beach Fire Management MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS PREAMBLE....................................................................................................................... I ARTICLE I - TERRA OF MOU............................................................................................. I ARTICLE II - REPRESENTATIONAL UNIT...........................................................................I ARTICLE III - SEVERABILITY.............................................................................................I ARTICLE IV - MANAGEMENT RIGHTS.............................................................................2 ARTICLE V - SALARY SCHEDULES AND RETIREMENT.....................................................2 A. MONTHLY COMPENSATION......................................................................................................... 2 B. WAGE INCREASES...................................................................................................................... 2 C. CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) PICK-UP ................................... 2 D. SELF FUNDED SUPPLEMENTAL RETIREMENT BENEFIT......................................................................... 3 E. MEDICAL INSURANCE UPON RETIREMENT..................................................................................... 3 F. CALPERS ADDITIONAL BENEFITS................................................................................................. 4 G. DIRECT DEPOSIT......................................................................................................................... 4 ARTICLE VI — ADDITIONAL MANAGEMENT BENEFITS....................................................4 A. EDUCATIONAL TUITION................................................................................................................ 4 B. HOLIDAY PAY-IN-LIEU.................................................................................................................5 C. BILINGUAL SKILL PAY................................................................................................................... 6 D. PROFESSIONAL ACHIEVEMENT AWARD........................................................................................ 6 ARTICLE VII - UNIFORMS................................................................................................6 ARTICLE VIII - WORK SCHEDULE/COMPENSATORY PAY/TIME OFF .............................6 A. WORKSCHEDULE.......................................................................................................................6 B. COMPENSATORY PAY................................................................................................................ 7 1. Prior Approval to Earn Compensatory Time.....................................................................................7 2. Prior Approval to Work any Hours in Addition to Regular Schedule.............................................7 3. Description of Compensatory Benefits.............................................................................................7 ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS.............................................7 A. HEALTH......................................................................................................................................7 1. Effective Date of Coverage...........................................................................................................7 I FMA MOU FINAL 20068-200912 MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS 2. California Public Employees' Retirement System (CaIPERS) Public Employees' Medical and Hospital Care Act (PEMHCA)................................................................................................8 a. PEMHCA Employer Contributions.............................................................................................8 b. Maximum Employer Contributions...........................................................................................8 3. Dental Insurance.............................................................................................................................9 4. Retiree (Annuitant) Coverage.......................................................................................................9 a. City Contribution (Unequal Contribution Method) for Retirees............................................9 b. Termination of Participation in the CaIPERS PEMHCA Program - Impact to Retirees ..... 10 5. Additional Costs for Participation in the PEMHCA Program....................................................10 a. Retiree and/or Annuitant Coverage......................................................................................10 b. Termination Clause....................................................................................................................11 6. Medical Cash-Out.........................................................................................................................I I B. SECTION 125 EMPLOYEE PLAN.................................................................................................. 11 C. POST RETIREMENT MEDICAL SAVINGS PLAN................................................................................ 11 D. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT..................................................................11 E. LONG TERM DISABILITY INSURANCE............................................................................................ 12 F. MISCELLANEOUS...................................................................................................................... 12 1. City Paid Premiums While on Medical Disability........................................................................12 2. Insurance and Benefits Advisory Committee 3. Health Plan Over-Payments.........................................................................................................12 a. Reduction of Employee's Bi-Weekly Salary Warrant............................................................13 b. Notice of Ineligible Dependents.............................................................................................13 c. Twelve Month Recovery Period..............................................................................................13 ARTICLE X LEAVE BENEFITS...........................................................................................13 A. GENERAL LEAVE...................................................................................................................... 13 1. Accrual............................................................................................................................................13 2. Eligibility and Approval .............................. -.................................................................................. 14 3. Conversion to Cash........................................................................................................................14 B. SICK LEAVE..............................................................................................................................15 1. Accrual............................................................................................................................................15 2. Credit...............................................................................................................................................15 3. Usage...............................................................................................................................................15 4. Family Sick Leave..........................................................................................................................15 5. Pay Off At Termination..................................................................................................................15 C. BEREAVEMENT LEAVE................................................................................................................ 17 ARTICLE XI - CITY RULES...............................................................................................17 - FMA MOU FINAL 20068-200812 MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS ARTICLE XII -MISCELLANEOUS ....................................................................................17 A. VEHICLE POLICY...................................................................................................................... 17 B. DEFERRED COMPENSATION LOAN PROGRAM............................................................................ 18 C. ASSOCIATION BUSINESS............................................................................................................ 18 D. MODIFIED RETURN TO WORK POLICY........................................................................................ 18 E.. CONTROLLED SUBSTANCE AND ALCOHOL TESTING..................................................................... 18 F. GRIEVANCE HEARING OFFICER FEES......................................................................................... 18 G. EMPLOYER -EMPLOYEE RELATIONS RESOLUTION........................................................................... 19 ARTICLE XIII - CITY COUNCIL APPROVAL...................................................................20 EXHIBIT A - SALARY SCHEDULE....................................................................................21 EXHIBIT B - SERVICE CREDIT SUBSIDY..........................................................................23 EXHIBIT C - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM.................27 FMA MOU FINAL 20068-200812 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (Herein Caller! CITY) AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION (Hereinafter Called ASSOCIATION) PREAMBLE WHEREAS, the City of Huntington Beach and the Huntington Beach Fire Management Association (FMA) 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 (MOU) shall not change existing terms and conditions of employment, which have been established for the classifications represented by the Huntington Beach Fire Management Association. NOW THEREFORE, this Memorandum of Understanding is made to become effective -July 1, 200,68, and it is agreed as follows: ARTICLE I - TERM OF MOU This Agreement shall be in effect for a period of forty-eight (48) f,,, eRty fe ur (24) months commencing July 1, 200,68 and expiring on June 30, 209912. 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. 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 affect the validity of the remaining portions of this resolution or its application to other persons. The City Council FIVIA MOU FINAL 20068-200612 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 - MANAGEMENT RIGHTS The City and the Fire Chief retain all rights, powers and authority to manage and direct the performance of fire services and the workforce, except as modified by the Memorandum of Understanding. The parties agree that the City has the right to unilaterally make decisions on all matters that are outside the scope of bargaining. Such matters include, but are not limited to, consideration of the merits, necessity, level or organization of fire services, staffing requirements, extra duty assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, reasonable work and safety rules and regulations. ARTICLE V - SALARY SCHEDULES AND RETIREMENT A. Monthly Compensation Employees shall be compensated at hourly rates by job code and pay grade 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. B. Wage Increases Effective with the pay period that includes July 1, 2008; all unit employees shall receive a seven percent (7%) wage increase; Effective the pay period that includes January 1, 2009, Battalion Chiefs shall receive a five and one-half percent (3.50%) wage increase. Effective the pay period that includes January 1, 2009, Division Chiefs shall receive a four percent (4%) wage increase. Effective the pay period that includes July 1, 2009, Battalion Chiefs shall receive a three and one -quarter percent (3.25%) wage increase. Effective the pay period that includes July 1, 2009, Division Chiefs shall receive a three percent (3%) wage increase. -2- FIVIA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION Effective with the pay period that includes January 1, 2010; all unit employees shall receive a two percent (2%) wage increase; Effective with the pay period that includes July 1, 2010; all unit employees shall receive a two percent (2%) wage increase; Effective with the pay period that includes January 1, 2011; all unit employees shall receive a two percent (2%) wage increase; Effective with the pay period that includes July 1, 2011; all unit employees shall receive a two percent (27o) wage increase; Effective with the pay period that includes January 1, 2012; all unit employees shall receive a two percent (2%) wage increase; C. California Public Employees' Retirement System (CaIPERS) Pick-up Each employee covered by this Agreement shall be reimbursed bi-weekly in an amount equal to 9% of the employee's base salary and applicable special pay as a pickup of the employee's contribution, or portion of such contribution, to the CaIPERS. The above CaIPERS pickup is not base salary, but is done pursuant to Section 414(h) (2) of the Internal Revenue Code. Upon adoption of the 2000-2003 Huntington Beach Fire Management Association Memorandum of Understanding, the City amended its contract with PERS and implemented the " 3% at age 50" retirement formula set forth in California Government Code Section 21362.2 for all safety employees represented by the Association. Effective July 1, 2007, the amount of employer -paid member contributions to which each employee is reimbursed pursuant to the first paragraph of this Article IIIC shall be reduced by a percentage equal to one-half of the percentage of compensation earnable the City is required to pay in retirement contributions to PERS, not to exceed 2.25%. For example, if the City is required to contribute an amount equal to 2% of each employee's "compensation earnable," the amount of the reimbursement set forth in the first paragraph of this Article IIIC shall be reduced from 9% of the employee's compensation earnable to 8% of the employee's compensation earnable. If, on the other hand, the City is -3- FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION required to make employer contributions to PERS equal to 8% of each employee's compensation earnable, the amount of the employer -paid member contributions reimbursement set forth in the first paragraph of this Article IIIC shall be reduced to 6.75% of the employee's compensation earnable. D. 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 an employee elects Option #2 (Section 21456) or Option #3 (Section 21457) of the Public Employees' Retirement Law, the City shall pay the difference between such elected option and the unmodified allowance which the employee would have received for his/her life alone. This payment shall be made only to the employee, shall be payable by the City during the life of the employee, and upon that employee'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 that the allowance is payable to the employee until his/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. E. Medical Insurance Upon Retirement As required by the Government Code, while the City is contracted with CalPERS to participate in the Public Employees' Medical and Hospital Care Act (PEMHCA) program, retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. CalPERS shall be the sole determiner of eligibility for retiree (annuitant) to participate in the PEMHCA program. The City's requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the Association and the City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance. ME FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION In the event that the City terminates its participation in the PEMHCA program, the retiree medical subsidy program in place in Resolution No. 2002-120 Exhibit B to the Memorandum of Understanding shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. F. CalPERS Additional Benefits l . The City shall provide all safety employees with the retirement program commonly known and described as the " 3% at age 50 plan" which is based on the retirement formula as set forth in the CaIPERS, Section 21362.2 of the California Government Code, including the one-half continuance option (Government Code Sections 21263 and 21263.1) for safety employees and the Fourth Level of the 1959 survivor option for all employees as established by the CalPERS, Section 21382 of the California Government Code. 2. The City shall continue to contract with CalPERS to have retirement benefits calculated based upon the employee's highest one year's compensation, pursuant to the provisions of Section 20042 (highest single year). 3. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU. 4. Employees shall be covered by the Pre -Retirement Optional Settlement 2 Death Benefit as provided in Government Code Section 21548 G. Direct Deposit All unit employees shall be required to utilize direct deposit of payroll checks. ARTICLE VI -ADDITIONAL MANAGEMENT BENEFITS A. Educational Tuition 1. Upon approval of the Fire Chief and the Human Resources Director employees may be compensated for courses from accredited educational institutions. Tuition reimbursement shall be limited to job related courses or job related educational degree objectives and -5- FIVIA MOU FINAL 20068-200912 FIRE MANAGEMENT ASSOCIATION requires prior approval by the Fire Chief and the Human Resources Director. 2. Education costs shall be reimbursed to employees on the basis of a full refund for tuition, books, parking (if a required fee) and any other required fees upon presentation of receipts. However, the maximum reimbursement shall be not more than one thousand five hundred dollars ($1,500) in any fiscal year period. 3. Reimbursements shall be made when the employee presents proof to the Human Resources Director that he/she has successfully completed the course with a grade of "C" or better; or a "Pass" if taken for credit. B. Holiday Pay -In -Lieu Employees shall be compensated by the City in lieu of the ten (10) listed holidays at the rate of 3.0768 hours multiplied by the employee's hourly rate set forth in Exhibit A, payable each and every pay period. The following are the recognized legal holidays under this MOU: 1. New Year's Day (January 1) 2. Martin Luther King's Birthday (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 1 1) 8. Thanksgiving Day (fourth Thursday in November) 9. Friday after Thanksgiving 10. Christmas Day (December 25) Any day declared by the President of the United States to be a national holiday, or by the Governor of the State of California to be a state holiday, and adopted as an employee holiday by the City Council of Huntington Beach. Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. -6- FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION 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 additional pay. Subject to State Law and Regulations, compensation paid as a result of Article V.B. shall be reportable to PERS as compensation earnable. C. Bilingual Skill Pay Employees who are qualified to use Spanish, Vietnamese, or Sign Language skills shall be paid an additional five -percent (5%) of their hourly rate in addition to their regular bi-weekly salary. Employees may accept assignments utilizing bilingual skills in other languages on a short-term assignment with approval by the Fire Chief and City Administrator or designee. Such employees shall receive the additional five percent (5%) of their hourly rate for every bi-weekly pay period that the assignment is in effect. In order to be qualified for said compensation, employee's language proficiency will be tested and certified by the Human Resources Director or designee. Bilingual Skill Pay shall be effective the first full pay period following certification as verified to the Fire Chief in writing by the Human Resources Director or designee. D. Professional Achievement Award The City supports employee participation in the United States Fire Administration Executive Fire Officer Program (EFOP). The City will provide each participating employee, upon EFOP program acceptance, full payment of each required program course, time to attend the course for each required program year, and travel expense to attend the required course for each program year. Upon presenting a certificate of completion from the United States Fire Administration's National Fire Academy for the Executive Fire Officer Program to the Human Resources Director, the employee will receive a one-time lump sum award of two thousand five hundred ($2,500) dollars. The award shall be subject to all applicable state and federal taxes. ARTICLE VII - UNIFORMS The City agrees to provide uniforms to employees on active duty who are required to wear uniforms. For each eligible employee, the City will report to the CalPERS the average annual cost of uniforms provided by the City as special compensation in accordance with Title 2, California Code of Regulations, -7- FIVIA MOU FINAL 20068-200912 FIRE MANAGEMENT ASSOCIATION Section 571(a) (5). For employees who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. ARTICLE Vill - WORK SCHEDULE/COMPENSATORY PAY/TIME OFF A. Work Schedule Employees assigned to suppression assignments shall work an average of fifty-six (56) hours per week pursuant to the current schedule of five (5) twenty-four (24) hour shifts in a fifteen (15) day period with six (6) consecutive days off. Total hours worked in a calendar year will equal two thousand nine hundred and twelve (2912) hours. Employees 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. Total hours worked in a calendar year will equal two thousand eighty (2080) hours. B. Compensatory Pay 1. Prior approval to earn compensatory time All employees must gain approval from Fire Chief in advance of accruing compensatory time. For approved compensatory time, employees 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. 2. Prior approval to work any hours in addition to regular schedule Battalion Chiefs must gain approval to work any hours that are in addition to their regular schedule in advance from a Division Chief. Division Chiefs must gain approval to werk to work any hours that are in addition to their regular schedule in advance from the Fire Chief. Employees shall work thirty-five (35) hours of non -suppression hours that are in addition to their regular schedule 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. Description of Compensatory Pay Benefits FMIA MiOU FINAL 20068-200912 FIRE MANAGEMENT ASSOCIATION a. Compensatory pay is paid at the forty (40) hour hourly rate for each hour. b. Compensatory time earned can be converted to cash at the employee's forty (40) hour hourly rate. c. Maximum accrual shall be one hundred sixty (160) hours. ARTICLE IX® HEALTH AND OTHER INSURANCE BENEFITS A. Health The City shall continue to make available group medical, dental and vision benefits to all association employees. A copy of the medical, dental and vision plan brochures may be obtained from the Human Resources Office. 1. Effective Date of Coverage An employee and eligible dependent(s) shall become eligible to participate in the City's health insurance plans described herein. Effective the first of the month following the employee's date of hire, any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates from employment. All employee contributions shall be deducted on a pre-tax basis. 2. California Public Employees' Retirement System (CaIPERS) Public Employees' Medical and Hospital Care Act (PEMHCA) The City presently contracts with CaIPERS to provide medical coverage. The City is required under CaIPERS PEMHCA to make a contribution to retiree medical premiums. A retiree's right to receive a City contribution, and the City's obligation to make payment on behalf of retirees, shall only exist as long as the City contracts with CaIPERS for medical insurance, except as provided in Article VIII(4) (b). In addition, while the City is in CaIPERS, its obligations to make payments on behalf of retirees shall be limited to the minimum payment required by law. a. PEMHCA Employer Contributions The City shall contribute on behalf of each employee the mandated minimum sum per month toward the payment of premiums for medical -9- FMA MOU FINAL 20068-200912 FIRE MANAGEMENT ASSOCIATION insurance under the PEMHCA program. As the mandated minimum is increased, the City shall make the appropriate adjustments by decreasing its flex benefits contribution accordingly as defined in the following sub -section. b. Maximum Employer Contributions For the term of this agreement, the City's maximum monthly employer contribution for each employee's health and other insurance premiums are set forth as follows: i. Effective with the first health insurance deduction following City Council ratification of this agreement, the City contribution shall be the sum of the participating Orange County Blue Shield HMO PEMHCA Plan plus the Vision Service Plan (VSP) vision premiums for each of the following categories: a. Employee only ("EE") b. Employee + one dependent ("EE +1 ") c. Employee + two or more dependents ("EE +2") The maximum City contribution shall be based on the employee's enrollment in each plan. The parties agree that the mandated minimum PEMHCA contribution referenced above in paragraph 2a is included in the sums stated above in this sub- section. If the employee enrolls in a plan wherein the costs exceed the City contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions. iri_Effe�y+i�rve—.rGRU r�2ti08, the City GGRfrib tiGR in eGGh Gate ery chhGII iRrrorco in GR GPRG Rt on GI fG the iRG IUmc exGeed ref the Gity's GentribYfiGR feF 2007. A RY iRGre s pre iurns beye the City's for, PeFGeRt (10%) cc`�'RfrribUfiGR rGG �P wer� ill be the eRsihility of the emli�yee �rnr-rr-r ii. Effective January 1, 2009, the City contribution in each category shall increase in an amount equal to the increase in premiums for the plans described above in Subparagraph (i), not to exceed 6.5% of the City's contribution for 2008. Any increase in premiums above the City's six and one-half percent (6.5%) contribution cap will be the responsibility of the employee. -10- FMA MOU FINAL 20068-200912 FIRE MANAGEMENT ASSOCIATION iii. Effective January 1, 2010, the City contribution in each category shall increase in an amount equal to the increase in premiums for the plans described above in Subparagraph (i), not to exceed 6% of the City's contribution for 2009. Any increase in premiums above the City's six percent (6%) contribution cap will be the responsibility of the employee. iv. Effective January 1, 2011, the City contribution in each category shall increase in can amount equal to the increase in premiums for the plans described above in Subparagraph (i), not to exceed 7% of the City's contribution for 2010. Any increase in premiums above the City's seven percent (7%) contribution cap will be the responsibility of the employee. V. Effective January 1, 2012, the City contribution in each category shall increase in an amount equal to the increase in premiums for the plans described above in Subparagraph (i), not to exceed 10% of the City's contribution for 2011. Any increase in premiums above the City's ten percent (10%) contribution cap will be the responsibility of the employee. 3. Dental Insurance The annual maximum benefit for the Delta Dental PPO plan is $2000. a. Effective with the first health insurance deduction following City Council ratification of this agreement, the maximum City contribution shall be equivalent to the premium for the Delta Dental PPO plan based on the employee's enrollment of employee only ("EE"), employee plus one dependent ("EE+1 ") or employee plus two or more dependents ("EE+2"). ---- - -- - - -- _- - - _.. -- - -- ■- - ■-- - - -- -- �11 FMA MOU FINAL 20068-200612 FIRE MANAGEMENT ASSOCIATION b. Effective January 1, 2009, the City contribution cap shall not be increased ¢y9rrr�---rtr0vrD�exceed -51,7 �1: over the City's contribution for 2008. Any increase in premiums above the City's five p.,erc - f rr-°'-` 2008 contribution cap will be the responsibility of the employee. c. Effective January 1, 2010, the City contribution shall increase in an amount equal to the increase in premiums for the Delta Dental PPO plan, not to exceed 517o of the City's contribution for 2009 Any Increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. d. Effective January 1, 2011, the City contribution shall increase in an amount equal to the increase in premiums for the Delta Dental PPO plan, not to exceed 5% of the City's contribution for 2010 Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. e. Effective January 1, 2012, the City contribution shall increase in an amount equal to the increase in premiums for the Delta Dental PPO plan, not to exceed 5% of the City's contribution for 2011 Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. 4. Retiree (Annuitant) Coverage As required by the Government Code retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. The City's requirement to provide retirees and/or annuitants medical coverage is solely governed by the Government Code requirement to extend this benefit to retirees (annuitants). While the City is contracted with CalPERS to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. a. City Contribution (Unequal Contribution Method) for Retirees As allowed by the Government Code and the CalPERS Board, and requested by the Association, the City shall use the Unequal Contribution Method to make the mandated minimum allowable City contribution on behalf of each retiree or annuitant. -12- FnAA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION b. Termination of Participation in the CaLPERS PEMHCA program _ Impact to Retirees The City's requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the Association and the City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the City terminates its participation in the PEMHCA program, the retiree medical subsidy program in place per Resolution No. 2002-120, Exhibit B, to the Memorandum of Understanding shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. 5. Additional Costs for Participation in the PEMHCA Program a. Retiree and/or Annuitant Coverage The Association shall pay to the City an amount equal to $1.00 per month for each additional retiree and/or annuitant in the bargaining unit who elects to participate in the PEMHCA plan but is not participating in the City sponsored retiree medical program as of the beginning of a pay period after the PEMHCA program is in place. Each January 1st the amount per month paid to the City for each retiree and/or annuitant described above shall increase by the amount PEMHCA requires the City to pay on behalf of each retiree (annuitant). Article VIII (A) (4) (a) above provides an example of expected payments per retiree or annuitant per month. In the event of passage of state legislation, judicial rulings, or CaIPERS board actions that increases the mandatory minimum monthly contribution for retirees (annuitants), the Association shall pay an equal amount to the City. Payments shall be made the first of the month (following implementation). If the Association fails to make timely payments -13- FIVIA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION for two consecutive months, the City shall implement a decrease in the supplemental benefit contribution to health insurance for each unit employee by an amount equal to the total increased cost paid by the City. (For example, if the increased cost for retirees equals $6,000 per year, the monthly supplemental benefit for each employee will be decreased as follows: $6,000 divided by twelve (months) = $500, which is then divided by the number of employees receiving supplemental benefits). b. Termination Clause The City and Association may each request termination of the City's contract with CalPERS after the announcement of state legislation, judicial rulings, or a CaIPERS board action that changes the employer's contribution, insurance premiums or program changes to the CalPERS medical plan. The City and Association may elect to terminate its participation in the CalPERS PEMHCA program by mutual agreement through the meet and confer process between the Association and the City. 6. Medical Cash -Out If an employee is covered by a medical program outside of a City - provided program (evidence of which must be supplied to the Human Resource Office), they may elect to discontinue City medical coverage and receive ninety two dollars and thirty-one cents ($92.31) bi-weekly. An employee may also elect to discontinue vision coverage. The employee premium paid for vision coverage will be applied toward medical premium. B. Section 125 Employee Plan The City shall provide an Internal Revenue Code Section 125 employee plan that allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or medical expenses as determined by the Internal Revenue Code. C. Post Retirement Medical Savings Plan The Association may request to reopen this agreement during its term to implement an employee funded, post -retirement medical savings plan, -14- FIVIIA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION AsSGGiGtiGR (PM4, at • cost to the City. D. Life and Accidental Death and Dismemberment Each employee shall be provided with $50,000 (fifty thousand) life insurance and $50,000 (fifty thousand) accidental death and dismemberment insurance paid for by the City. Each employee shall have the option, at his/her own expense, to purchase additional amounts of life insurance and accidental death and dismemberment insurance to the extent provided by the City's current providers. Evidence of insurability is contingent upon total participation in additional amounts. E. 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, general leave, 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% (sixty six and two -third percent) of the first $12,500 (twelve thousand five hundred) of the employee's basic monthly earnings. The maximum benefit period for disability due to accident or sickness shall be to age 65 (sixty-five). 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 benefit continues plan payment for three (3) months beyond death. A copy of the plan is on file in the Human Resources office. F. Miscellaneous 1. City Paid Premiums While on Medical Disability I6 - FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION 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 and Benefits Advisory Committee The City and the Association participate in a City-wide joint labor and management insurance and benefits advisory committee to discuss and study issues relating to insurance benefits available for employees. 3. Health Plan Over -Payments Unit employees shall be responsible for accurately reporting the removal of ineligible dependents from health plan coverage. The City shall have the right to recover any premium paid by the City, on behalf of ineligible dependents. Recovery of such over -payments shall be made as follows: a. Reduction of Employee's Bi-Weekly Salary Warrant The employee's bi-weekly salary warrant shall be reduced by one- half (1/2) of the amount of the bi-weekly over -payment. 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 employees 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. -16- FnAA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION ARTICLE X - LEAVE BENEFITS A. General Leave 1. Accrual Employees accrue General Leave at the accrual rates outlined below. General Leave may be used for any purpose, including vacation, sick leave and personal leave. Employees shall accrue General Leave at their appropriate assigned work schedule rate, either forty (40) hour or fifty six (56) hour workweek. In the event of a change in work schedules, which must be at the beginning of a pay period, payroll shall change the accrued General Leave balance and accrual rate based on the new schedule using the conversion factor of .7143. .Personnel who change from a fifty-six (56) hour schedule to a forty (40) hour schedule shall multiply the existing General Leave by .7143. Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing General Leave by .7143. Years of Service General Leave Accrual 40-Hour Rate General Leave Accrual 56-Hour Rate First through Fourth Year 176 Hours 246.4 Hours Fifth through Ninth Year 200 Hours 280.0 Hours Tenth through Fourteenth Year 224 Hours 313.6 Hours Fifteenth Year and Thereafter 256 Hours 358.4 Hours 2. Eligibility and Approval General Leave must be pre -approved; except for illness, injury or family sickness, which may require a physician's statement for approval. Accrued General Leave may not be taken prior to six (6) months' service except for illness, injury or family sickness. General Leave accrued time is to be computed from hiring date anniversary. Employees shall not be permitted to take General Leave in excess of actual time earned. Employees on a forty (40) hour schedule shall not accrue General Leave in excess of six hundred forty (640) hours; fifty six (56)-hour employees shall not accrue General Leave in excess Of fight hundred and ninety six (896) hours. -17- FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION General Leave accumulated in excess of six hundred forty (640) hours for forty (40) hour schedule employees and General Leave accumulated in excess of eight hundred and ninety six (896) hours for fifty-six (56) hour employees shall be paid at the base hourly rate of pay, on the first pay day following such accumulation. Employees may not use their General Leave to advance their separation date on retirement or other separation from employment. 3. Conversion to Cash Twice QRGe during each fiscal year, each employee shall have the option to convert into a cash payment 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. B. Sick Leave Accrual No employee shall accrue sick leave. 2. Credit Employees assigned to FMA shall carry forward their sick leave balance and shall no longer accrue sick leave credit. 3. Usage Employees may use accrued sick leave for the same purposes for which it was used prior to the employee's assignment to FMA. 4. Family Sick Leave The City will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law. Rights and obligations are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION 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 industrial or non -industrial 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 seven hundred twenty (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 current forty (40) hour equivalent rate of pay for fifty percent (50%) of all unused, accumulated sick leave. The maximum number of hours paid off at termination will be a total of seven hundred twenty (720) hours. Example: Employee has one thousand nine hundred twenty (1920) hours of accrued sick leave. 1920 hours X 50% = 960 hours. Maximum pay off is seven hundred twenty (720) hours. Pay off = 720 hours X employee's current forty (40) hour equivalent pay rate. 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 forty (40) hour equivalent rate, for twenty-five percent (25%) of unused, earned sick leave to four hundred eighty (480) hours accrued, and for thirty-five percent (35%) of all unused, earned sick leave in excess of four hundred eighty (480) hours, but not to exceed seven hundred twenty (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 seven hundred twenty (720) hours of unused, accumulated sick leave. However, employees -19- FMA MOU FINAL 20068-200612 FIRE MANAGEMENT ASSOCIATION 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 seven hundred twenty (720) hours as of July 5, 1980, shall be compensated for such excess sick leave remaining on termination under the formulas described in paragraphs a and b 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 seven hundred twenty (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 seven hundred twenty (720) hours is utilized, the maximum compensable amount shall be correspondingly reduced. (Example: Employee had one thousand (1,000) hours accumulated. Six months after July 5, 1980, employee has accumulated another forty eight (48) hours. Employee is then sick for one hundred (120) hours. Employee's maximum sick leave "cap" for compensation at termination is now reduced by seventy two (72) hours to nine hundred twenty-eight (928) hours. C. Bereavement Leave Employees shall be entitled to Bereavement Leave not to exceed thirty (30) work hours in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, registered domestic partner, children, grandfather, grandmother, stepfather, stepmother, step grandfather, step grandmother, grandchildren, stepsisters, stepbrothers, mother-in-law, father-in-law, son- in-law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the employee is the legal guardian. Employees assigned to the fifty-six (56) hour work week for suppression assignments shall be entitled to Bereavement Leave not to exceed forty- eight (48) work hours in each instance of death in the immediate family, as defined above. 391Z FMIA MIOU FINAL 20068-200812 FIRE; MANAGEMENT ASSOCIATION ARTICLE XI ® CITY RULES The City's Personnel Rules are incorporated into this Agreement by reference as though set forth in full. All City Personnel Rules shall apply to Association members, however, to the extent this MOU modifies the City's Personnel rules, the Personnel Rules as modified will apply to Association members. ARTICLE XII -- MISCELLANEOUS A. Vehicle Policy 1. Approval is required by the City Administrator or his/her designee for any City vehicle to be taken home by an employee. 2. The auto allowance for qualifying employees shall be one hundred sixty-one dollars and fifty-three cents ($161.53) bi-weekly. 3. The monthly automobile allowance shall not be reduced during the term of this agreement. 4. Eligibility for automobile allowance and the use of City vehicles shall be determined in accordance with the Administrative Regulation, Vehicle Use Policy and the City's Fleet Management Program. 5. Only employees that reside within thirty five (35) miles of the City's limits may be assigned a City vehicle. Employees that are assigned a City vehicle and who are assigned a cell phone/pager for immediate call out shall be allowed to use the assigned vehic►e for personal use within the City limits and/or within ten (10) miles of the employee's residence. B. Deferred Compensation Loan Program Employees may borrow up to compensation funds for critical tuition, or purchase of a home regulations. C. Association Business fifty percent (50%) of their deferred needs such as medical costs, college , pursuant to program standards and -21 - FMA MOU FINAL 20088-200812 FIRE MANAGEMENT ASSOCIATION An allowance of fifty (50) hours per year shall be established for the purpose of allowing authorized representatives of the Association to represent employees in their employment relations. D. Modified Return To Work Policy The City and Association agree to meet and confer during the term of this agreement to establish a modified return to work policy for employees who experience an industrial or non -industrial injury or illness. E. Controlled Substance and Alcohol Testing The City maintains the right to conduct a controlled substance and/or alcohol test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace. F. Grievance Hearing Officer Fees The City and Association agree that for any personnel matter, pursuant to Personnel Rules 19 and 20, whereby a hearing officer is mutually agreed upon to render an opinion, the hearing officer costs shall be shared equally by the City and Association. G. Employer -Employee Relations Resolution During the term of this agreement, the City and the Association agree to meet and confer to update the Employer Employee Relations Resolution to reflect current state law. -22- FIVIA MOU FINAL 20066,8-200812 FIRS MANAGEMENT ASSOCIATION ARTICLE Xlll - 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 , 20087. HUNTINGTON BEACH CITY OF HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION Fred --- --- Quj&9th ■.. City Administrator Paul EmeryBGb HGIi Deputy City Administrator Michele Carr A R Director of Human Resources Jennifer I GMPMGRoshua Brooks Senior Administrative Analyst Michael VIcgllota°ePe 1 ^14GYRe Deputy City AttorneyC-4 e# Robert Brown FMA President William H. Reardon FMA Vice -President David McBride FMA Representative -23- FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION APPROVED AS TO FORM: Jennifer McGrath City Attorney -24- FMA MOU FINAL 2006 ,8-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT A - SALARY SCHEDULE .. - _- - 25 - FIVIA IVIOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT A - SALARY SCHEDULE - 26 - FMA MOU FINAL 20068-200612 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 7.0% Effective July 1, 2008 (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 640* $ 9,225.58 9,732.99 $10,268.31 $10,833.07 $11,428.88 0026 Fire Division Chief 672* $10,824.85 $11,420.22 $12,048.33 $12,710.98 $13,408.73 7.0% Effective July 1, 2008 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 640* $ 53.22 $ 56.15 $ 59.24 $ 62.50 $ 65.94 0026 Fire Division Chief 672* $ 62.45 $ 65.89 $ 69.51 $ 73.33 $ 77.36 7.0% Effective July 1, 2008 (56 Hour Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 640* $ 38.02 $ 40.11 $ 42.31 $ 44.64 $ 47.10 0026 Fire Division Chief 672* $ 44.61 $ 47.06 $ 49.65 $ 52.38 $ 55.26 *modified universal salary schedule range - 27 - FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE Effective January 1, 2009 5.5% Fire Battalion Chief - 4.0% Fire Division Chief (Monthly Rate) Job Code Classification Flange A B C D E 0031 Fire Battalion Chief 651* $ 9,732.99 $10,268.30 $10,833.07 $11,428.88 $12,057.47 0026 Fire Division Chief 680* $11,257.84 $11,877.03 $12,530.26 $13,219.42 $13,945.08 Effective January 1, 2009 5.5% Fire Battalion Chief - 4.0% Fire Division Chief (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 651* $ 56.15 $ 59.24 $ 62.50 $ 65.94 $ 69.56 0026 1 Fire Division Chief 680* $ 64.95 1 $ 68.52 1 $ 72.29 1 $ 76.27 1 $ 80.45 Effective January 1, 2009 5.5% Fire Battalion Chief - 4.0% Fire Division Chief (56 Hoag Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 651* $ 40.11 $ 42.31 $ 44.64 $ 47.10 $ 49.69 0026 Fire Division Chief 680* $ 46.39 $ 48.94 $ 51.64 $ 54.48 $ 57.47 "modified universal salary schedule range -28- FiVIA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE Effective July 1, 2009 3.25% Fire Battalion Chief - 3.0% Fire Division Chief (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 657* $10,049.31 $10,602.02 $11,185.14 $11,800.32 $12,449.34 0026 Fire Division Chief 686* $11,595.58 $12,233.34 $12,906.17 $13,616.00 $14,363.43 Effective July 1, 2009 3.25% Fire Battalion Chief - 3.0% Fire Division Chief (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 657* $ 57.98 $ 61.17 $ 64.53 $ 68.08 $ 71.82 0026 1 Fire Division Chief 686* $ 66.90 $ 70.58 $ 74.46 $ 78.55 $ 82.87 Effective July 1, 2009 3.25% Fire Battalion Chief - 3.0% Fire Division Chief (55 flour Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 657* $ 41.41 $ 43.69 $ 46.09 $ 48.63 $ 51.30 0026 Fire Division Chief 686* $ 47.78 $ 50.41 $ 53.18 $ 56.11 $ 59.19 *modified universal salary schedule range -29- FIAIIA NIOU FINAL 20068-200612 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 2.0% Effective January 1, 2010 (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 661* $10,250.30 $10,814.06 $11,408.84 $12,036.33 $12,698.33 0026 Fire Division Chief 690* $11,827.49 $12,478.00 $13,164.29 $13,888.32 $14,650.70 2.0% Effective January 1, 2010 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 661* $ 59.14 $ 62.39 $ 65.82 $ 69.44 $ 73.26 0026 1 Fire Division Chief 690* 1 $ 68.24 1 $ 71.99 1 $ 75.95 1 $ 80.12 $ 84.52 2.0% Effective January 1, 2010 (56 Hour Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 661* $ 42.24 $ 44.56 $ 47.01 $ 49.60 $ 52.33 0026 Fire Division Chief 690* $ 48.74 $ 51.42 $ 54.25 $ 57.23 $ 60.37 *modified universal salary schedule range - 30 - FiVIA MOU FINAL 20068-200512 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 2.0% Effective July 1, 2010 (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 665* $10,455.30 $11,030.34 $11,637.02 $12,277.06 $12,952.29 0026 Fire Division Chief 694* $12,064.04 $12,727.56 $13,427.58 1 $14,166.09 $14,943.71 2.0% Effective July 1, 2010 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 665* $ 60.32 $ 63.64 $ 67.14 $ 70.83 $ 74.72 0026 1 Fire Division Chief 694* 1 $ 69.60 1 $ 73.43 1 $ 77.47 1 $ 81.73 1 $ 86.21 2.0% Effective July 1, 2010 (56 Hour Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 665* $ 43.09 $ 45.45 $ 47.95 $ 50.59 $ 53.37 0026 Fire Division Chief 694* $ 49.71 1 $ 52.45 $ 55.33 $ 58.38 $ 61.58 *modified universal salary schedule range -31 - FIVIA IVIOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 2.0% Effective January 1, 2011 (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 669* $10,664.41 $11,250.95 $11,869.76 $12,522.60 $13,211.34 0026 Fire Division Chief 698* $12,305.32 $12,982.11 $13,696.13 $14,449.41 $15,242.58 2.0% Effective January 1, 2011 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 669* $ 61.53 $ 64.91 $ 68.48 $ 72.25 $ 76.22 0026 Fire Division Chief 698* $ 70.99 $ 74.90 $ 79.02 $ 83.36 $ 87.94 2.0% Effective January 1, 2011 (56 Hour Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 669* $ 43.96 $ 46.36 $ 48.91 $ 51.60 $ 54.44 0026 Fire Division Chief 698* $ 50.71 1 $ 53.50 $ 56.44 $ 59.54 $ 62.81 *modified universal salary schedule range -32- FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 2.0% Effective July 1, 2011 (Monthly Rafe) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 673* $10,877.70 $11,475.97 $12,107.16 $12,773.05 $13,475.57 0026 Fire Division Chief 702* $12,551.43 $13,241.76 $13,970.05 $14,738.40 $15,547.44 2.0% Effective July 1, 2011 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 673* $ 62.76 $ 66.21 $ 69.85 $ 73.69 $ 77.74 0026 Fire Division Chief 702* $ 72.41 $ 76.39 $ 80.60 $ 85.03 $ 89.70 2.0% Effective July 1, 2011 (56 Hour Rate) Job Classification Range 112A 112B 112C 112D 112E Code 0031 Fire Battalion Chief 673* $ 44.83 $ 47.29 $ 49.89 $ 52.64 $ 55.53 0026 Fire Division Chief 702* $ 51.72 $ 54.57 $ 57.57 $ 60.74 $ 64.07 *modified universal salary schedule range _ 33 _ FMA MOLD FINAL 20068-200612 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 2.0% Effective January 1, 2012 (Monthly Rage) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 677* $11,095.25 $11,705.49 $12,349.30 $13,028.51 $13,745.08 0026 Fire Division Chief 708* $12,802.45 $13,506.59 $14,249.45 $15,033.17 1 $15,858.38 2.0% Effective January 1, 2012 (40 Hoag Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 677* $ 64.01 $ 67.53 $ 71.25 $ 75.16 $ 79.30 0026 Fire Division Chief 708* $ 73.86 $ 77.92 $ 82.21 $ 86.73 $ 91.49 2.0% Effective January 1, 2012 (56 Hoag Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 677* $ 45.72 $ 48.24 $ 50.89 $ 53.69 $ 56.64 0026 Fire Division Chief 708* $ 52.76 $ 55.66 $ 58.72 $ 61.95 $ 65.35 *modified universal salary schedule range -34- FIIAA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT E - SERVICE CREDIT SUBSIDY An employee who has retired from the City and meets the plan participation requirements shall receive a monthly Service Credit Subsidy to reimburse the retiree for the payment of qualified medical expenses incurred for the purchase of medical insurance. Plan Participation Requirements 1. At the time of retirement the employee has a minimum of ten (10) years of continuous regular (permanent) City service or is granted an industrial disability retirement; and 2. At the time of retirement, the employee is employed by the City; and 3. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees' Retirement System (CaIPERS). The City's obligation to pay the Service Credit Subsidy as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: a. On the first of the month in which a retiree or dependent reaches age sixty five (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 Service Credit Subsidy may be adjusted downward or eliminated. b. In the event of the death of an eligible employee, whether retired or not, the amount of the Service Credit Subsidy benefit which the deceased employee was eligible for at the time of his/her death, shall be paid to the surviving spouse or dependent for a period not to exceed twelve (12) months from the date of death. - 35 - FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT B — SERVICE CREDIT SUBSIDY 4. Minimum Eligibility for Benefits With the exception of an industrial disability retirement, eligibility for Service Credit Subsidy begins after an employee has completed ten (10) years of continuous regular (permanent) 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. To receive the Service Credit Subsidy retirees are required to purchase medical insurance from City sponsored plans. The City shall have the right to require any retiree (annuitant) to annually certify that the retiree is purchasing medical insurance benefits. 5. 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 $120 (one hundred twenty). Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. 6. Service Credit Subsidy Payment shall not exceed dollar amount, which is equal to the qualified medical expenses incurred for the purchase of City sponsored medical insurance. 7. Maximum Monthly Service Credit Subsidy Payments All retirees, including those retired as a result of disability whose number of years of service exceeds ten (10) continuous years of regular (permanent) service immediately prior to retirement shall be entitled to a maximum monthly Service Credit Subsidy by the City for each year of completed City service as follows: -36- FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT E - SERVICE CREDIT SUBSIDY Maximum Service Credit Subsidy Retirements After: Service Credit Years of Service Subsidy 10 $ 120 11 135 12 150 13 165 14 180 15 195 16 210 17 225 18 240 19 255 20 270 21 285 22 299 23 314 24 329 25 343 The Service Credit Subsidy will be reduced every January 1 st by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). Article VIII(A) (4) (a) provides an example of expected reductions per retiree per month. 8. Medicare a. All persons are eligible for Medicare coverage at age 65. Those with sufficient credited 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, the participant pays for Part B of Medicare. b. When a retiree and his/her spouse are both 65 or over, and neither is eligible for paid Part A of Medicare, the Service Credit Subsidy -37- FRAA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT B - SERVICE CREDIT SUBSIDY shall pay for Part A for each of them or the maximum subsidy, whichever is less. c. 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 of Medicare, the spouse shall not receive the 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. 9. Cancellation a. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: i. Coverage for a retiree under the Service Credit Subsidy Plan will be eliminated on the first day of the month in which the retiree reaches age 65. ii. 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 Service Credit Subsidy Plan will be eliminated. -38- FnIIA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT C — VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM Guidelines 1. Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either; return to work, long-term disability, or medical retirement. Employees who accrue Vacation, General Leave or Exempt Compensatory Time may donate such leave to another employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of Vacation, General, or Sick Leave. 2. Definitions Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued Exempt Compensatory Time, Vacation or General Leave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. 4. Eligibility Permanent employees who accrue Vacation or General Leave may donate such hours to eligible recipients. Exempt Compensatory Time accrued may also be donated. An eligible recipient is an employee who: • Accrues Vacation or General Leave; • Is not receiving disability benefits or Workers' Compensation payments; and • Requests donated leave. 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's salary - 39 - FIVIA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT C — VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient's hourly wage. An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Employees wanting to make donations will submit an Authorization for Donation to the Human Resources Department (payroll). All donation forms submitted to payroll will be date stamped and used in order received for each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. Other Please contact the Human Resources Department on questions regarding staff participation in this program. - 40 - FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT C — VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Request Form Requestor, Please Complete According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated Vacation, General Leave or Exempt Compensatory Time. MY SIGNATURE CERTIFIES THAT: • A Leave of absence in relation to a catastrophic illness or injury has been approved by my department; and 1 am not receiving disability benefits or Workers' Compensation payments. ame: (Please Print or Type: Last, First, MI) Work Phone: 1�Department: i Job Title: _ Employee ID#: Requester Signature: ; Date: Department Director Signature of Support: Date: " i Human.Resources Department -Use Only g: '.. a. End donation date Will bridge to.' $ End dondtion date M. Long Terra Disability, " *� ❑ "Medical RetirerrentrbegJnnirig 4 Length of, FMLA'leave ending n',Rt.turn t" rk` _ p Human Resour,ce5w Director. Signature: s I1 Date signed Please return this form to the Human Resources Office for processing. -41 - FMA MOU FINAL 20068-200612 FIRE MANAGEMENT ASSOCIATION EXHIBIT C — VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name: (Please Print or Type: Last, First, MI) j i Work Phone: 3 Donor Job Title: Type of Accrued Leave: Number of Hours I wish to Donate: ❑ Vacation Hours of Vacation ❑ Compensatory Time ) Hours of Exempt Compensatory Time ❑ General Leave ) Hours of General Leave i I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued Vacation, Exempt Compensatory Time or General Leave hours to the Leave Donation Program for: Eligible recipient employee's name (Last, First, MI): Donor Signature: Date: Please submit to Payroll in the Finance Department. - 42 - FMA MOU FINAL 20068-200812 • • E '� ,. " RESOLUTION NO. 2008-72 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 AND THE CITY OF HUNTINGTON BEACH FOR JULY 1, 2008 THROUGH JUNE 30, 2012. 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 ("HBFMA"), a copy of which is attached hereto as Exhibit A and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof, and the City Administrator is authorized to execute this Agreement. Such Memorandum of Understanding shall be effective for the term of July 1, 2008, through June 30, 2012. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of November , 200 8 . REVIE City APPROVED: INITIAT. D APPROVED: Director/of Hum esources 101, APP ED AS TO FORM: �by Attorney 08-1865/27771 r ,4� i ��. M. 2 2` � ; � y:� a.. a, )� : m� �:: . . . :< f, �\:z Ill ,\: J © - j 2008 008 — e 30 2012 MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS PREAMBLE.......................................................................................................................1 ARTICLE I - TERM OF MOU.............................................................................................1 ARTICLE II - REPRESENTATIONAL UNIT...........................................................................1 ARTICLE III - SEVERABILITY.............................................................................................1 ARTICLE IV - MANAGEMENT RIGHTS.............................................................................2 ARTICLE V - SALARY SCHEDULES AND RETIREMENT.....................................................2 A. MONTHLY COMPENSATION......................................................................................................... 2 B. WAGE INCREASES...................................................................................................................... 2 C. CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) PICK-UP ................................... 3 D. SELF FUNDED SUPPLEMENTAL RETIREMENT BENEFIT......................................................................... 4 E. MEDICAL INSURANCE UPON RETIREMENT..................................................................................... 4 F. CALPERS ADDITIONAL BENEFITS................................................................................................. 5 G. DIRECT DEPOSIT......................................................................................................................... 5 ARTICLE VI - ADDITIONAL MANAGEMENT BENEFITS....................................................5 A. EDUCATIONAL TUITION................................................................................................................ 5 B. HOLIDAY PAY-IN-LIEU................................................................................................................. 6 C. BILINGUAL SKILL PAY.................................................................................................................. 7 D. PROFESSIONAL ACHIEVEMENT AWARD........................................................................................ 7 ARTICLE VII - UNIFORMS................................................................................................7 ARTICLE VIII - WORK SCHEDULE/COMPENSATORY PAY/TIME OFF .............................8 A. WORK SCHEDULE....................................................................................................................... 8 B. COMPENSATORY PAY ..................................... .................. 8 ......................................................... 1. Prior Approval to Earn Compensatory Time........................................................................................8 2. Prior Approval to Work any Hours in Addition to Regular Schedule..............................................8 3. Description of Compensatory Benefits................................................................................................8 ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS.............................................9 A. HEALTH......................................................................................................................................9 1. Effective Date of Coverage..............................................................................................................9 FMA MOU FINAL 2008-2012 MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS 2. California Public Employees' Retirement System (CaIPERS) Public Employees' Medical and Hospital Care Act (PEMHCA)...................................................................................................9 a. PEMHCA Employer Contributions................................................................................................9 b. Maximum Employer Contributions............................................................................................10 3. Dental Insurance...............................................................................................................................1 1 4. Retiree (Annuitant) Coverage........................................................................................................12 a. City Contribution (Unequal Contribution Method) for Retirees...........................................12 b. Termination of Participation in the CalPERS PEMHCA Program - Impact to Retirees ..... 12 5. Additional Costs for Participation in the PEMHCA Program.....................................................13 a. Retiree and/or Annuitant Coverage........................................................................................13 b. Termination Clause.......................................................................................................................13 6. Medical Cash-Out.............................................................................................................................14 B. SECTION 125 EMPLOYEE PLAN ......................................................... .... 14 ..................................... C. POST RETIREMENT MEDICAL SAVINGS PLAN................................................................................ 14 D. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT.................................................................. 14 E. LONG TERM DISABILITY INSURANCE............................................................................................ 14 F. MISCELLANEOUS...................................................................................................................... 15 1. City Paid Premiums While on Medical Disability..........................................................................15 2. Insurance and Benefits Advisory Committee..............................................................................15 3. Health Plan Over-Payments............................................................................................................15 a. Reduction of Employee's Bi-Weekly Salary Warrant.............................................................16 b. Notice of Ineligible Dependents. ........................................ ...................................................... 16 c. Twelve Month Recovery Period................................................................................................16 ARTICLE X LEAVE BENEFITS...........................................................................................16 A. GENERAL LEAVE...................................................................................................................... 16 1. Accrual...............................................................................................................................................16 2. Eligibility and Approval....................................................................................................................17 3. Conversion to Cash.........................................................--------.........17 B. SICK LEAVE.............................................................................................................................. 18 1. Accrual...............................................................................................................................................18 2. Credit..................................................................................................................................................18 3. Usage..................................................................................................................................................18 4. Family Sick Leave.............................................................................................................................18 5. Pay Off At Termination...................................................................................................................18 C. BEREAVEMENT LEAVE.................................................................I............................................... 20 ARTICLE XI - CITY RULES...............................................................................................20 - ii FMA MOU FINAL 2008-2012 MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS ARTICLE XII - MISCELLANEOUS....................................................................................20 A. VEHICLE POLICY...................................................................................................................... 20 B. DEFERRED COMPENSATION LOAN PROGRAM............................................................................ 21 C. ASSOCIATION BUSINESS............................................................................................................ 21 D. MODIFIED RETURN TO WORK POLICY........................................................................................ 21 E.. CONTROLLED SUBSTANCE AND ALCOHOL TESTING..................................................................... 21 F. GRIEVANCE HEARING OFFICER FEES......................................................................................... 22 G. EMPLOYER -EMPLOYEE RELATIONS RESOLUTION........................................................................... 22 ARTICLE Xlll - CITY COUNCIL APPROVAL...................................................................23 EXHIBIT A - SALARY SCHEDULE....................................................................................24 EXHIBIT B - SERVICE CREDIT SUBSIDY..........................................................................32 EXHIBIT C - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM.................36 FMA MOU FINAL 2008-2012 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 City of Huntington Beach and the Huntington Beach Fire Management Association (FMA) 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 (MOU) shall not change existing terms and conditions of employment, which have been established for the classifications represented by the Huntington Beach Fire Management Association. NOW THEREFORE, this Memorandum of Understanding is made to become effective July 1, 2008, and it is agreed as follows: ARTICLE I - TERM OF MOU This Agreement shall be in effect for a period of forty-eight (48) months commencing July 1, 2008 and expiring on June 30, 2012. ARTICLE 11- 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. 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 affect the validity of the remaining portions of this resolution or its application to other persons. The City Council -1- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION 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 - MANAGEMENT RIGHTS The City and the Fire Chief retain all rights, powers and authority to manage and direct the performance of fire services and the workforce, except as modified by the Memorandum of Understanding. The parties agree that the City has the right to unilaterally make decisions on all matters that are outside the scope of bargaining. Such matters include, but are not limited to, consideration of the merits, necessity, level or organization of fire services, staffing requirements, extra duty assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, reasonable work and safety rules and regulations. ARTICLE V - SALARY SCHEDULES AND RETIREMENT A. Monthly Compensation Employees shall be compensated at hourly rates by job code and pay grade 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. B. Wage Increases Effective with the pay period that includes July 1, 2008; all unit employees shall receive a seven percent (7%) wage increase; Effective the pay period that includes January 1, 2009; Battalion Chiefs shall receive a five and one-half percent (5.50%) wage increase. Effective the pay period that includes January 1, 2009; Division Chiefs shall receive a four percent (4%) wage increase. Effective the pay period that includes July 1, 2009; Battalion Chiefs shall receive a three and one -quarter percent (3.25%) wage increase. -2- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION Effective the pay period that includes July 1, 2009; Division Chiefs shall receive a three percent (3%) wage increase. Effective with the pay period that includes January 1, 2010; all unit employees shall receive a two percent (2%) wage increase; Effective with the pay period that includes July 1, 2010; all unit employees shall receive a two percent (2%) wage increase; Effective with the pay period that includes January 1, 201 1; all unit employees shall receive a two percent (2%) wage increase; Effective with the pay period that includes July 1, 201 1; all unit employees shall receive a two percent (2%) wage increase; Effective with the pay period that includes January 1, 2012; all unit employees shall receive a two percent (2%) wage increase. C. California Public Employees' Retirement System (CaIPERS) Pick-up Each employee covered by this Agreement shall be reimbursed bi-weekly in an amount equal to 9% of the employee's base salary and applicable special pay as a pickup of the employee's contribution, or portion of such contribution, to the CaIPERS. The above CalPERS pickup is not base salary, but is done pursuant to Section 414(h) (2) of the Internal Revenue Code. Upon adoption of the 2000-2003 Huntington Beach Fire Management Association Memorandum of Understanding, the City amended its contract with PERS and implemented the " 3% at age 50" retirement formula set forth in California Government Code Section 21362.2 for all safety employees represented by the Association. Effective July 1, 2007, the amount of employer -paid member contributions to which each employee is reimbursed pursuant to the first paragraph of this Article IIIC shall be reduced by a percentage equal to one-half of the percentage of compensation earnable the City is required to pay in retirement contributions to PERS, not to exceed 2.25%. For example, if the City is required to contribute an amount equal to 2% of each employee's "compensation earnable," the amount of the reimbursement set forth in the first paragraph of this Article 111C shall be reduced from 9% of the employee's compensation earnable to 8% of the employee's compensation earnable. If, on the other hand, the City is required to make employer contributions to PERS equal to 8% of each employee's compensation earnable, the amount of the employer -paid member contributions reimbursement set forth in the first paragraph of this -3- FMA MOU FINAL 2008-2012 FIDE MANAGEMENT ASSOCIATION Article IIIC shall be reduced to 6.75% of the employee's compensation earnable. D. Self Funded Supplemental Retirement Benefit Employees hired prior to August 17, 1998 are eligible for the Self Funded Supplemental Retirement Benefit, which provides that: l . In the event an employee elects Option #2 (Section 21456) or Option #3 (Section 21457) of the Public Employees' Retirement Law, the City shall pay the difference between such elected option and the unmodified allowance which the employee would have received for his/her life alone. This payment shall be made only to the employee, shall be payable by the City during the life of the employee, and upon that employee'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 that the allowance is payable to the employee until his/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. E. Medical Insurance Upon Retirement As required by the Government Code, while the City is contracted with CalPERS to participate in the Public Employees' Medical and Hospital Care Act (PEMHCA) program, retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. CalPERS shall be the sole determiner of eligibility for retiree (annuitant) to participate in the PEMHCA program. The City's requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the Association and the City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the City terminates its participation in the PEMHCA program, the retiree medical subsidy program in place in Resolution No. 2002-120 -4- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION Exhibit B to the Memorandum of Understanding shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. F. CalPERS Additional Benefits l . The City shall provide all safety employees with the retirement program commonly known and described as the "3% at age 50 plan" which is based on the retirement formula as set forth in the CalPERS, Section 21362.2 of the California Government Code, including the one-half continuance option (Government Code Sections 21263 and 21263.1) for safety employees and the Fourth Level of the 1959 survivor option for all employees as established by the CalPERS, Section 21382 of the California Government Code. 2. The City shall continue to contract with CalPERS to have retirement benefits calculated based upon the employee's highest one year's compensation, pursuant to the provisions of Section 20042 (highest single year). 3. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU. 4. Employees shall be covered by the Pre -Retirement Optional Settlement 2 Death Benefit as provided in Government Code Section 21548 G. Direct Deposit All unit employees shall be required to utilize direct deposit of payroll checks. ARTICLE VI -ADDITIONAL MANAGEMENT BENEFITS A. Educational Tuition 1. Upon approval of the Fire Chief and the Human Resources Director employees may be compensated for courses from accredited educational institutions. Tuition reimbursement shall be limited to job related courses or job related educational degree objectives and requires prior approval by the Fire Chief and the Human Resources Director. -5- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION 2. Education costs shall be reimbursed to employees on the basis of a full refund for tuition, books, parking (if a required fee) and any other required fees upon presentation of receipts. However, the maximum reimbursement shall be not more than one thousand five hundred dollars ($1,500) in any fiscal year period. 3. Reimbursements shall be made when the employee presents proof to the Human Resources Director that he/she has successfully completed the course with a grade of "C" or better; or a "Pass" if taken for credit. B. Holiday Pay -In -Lieu Employees shall be compensated by the City in lieu of the ten (10) listed holidays at the rate of 3.0768 hours multiplied by the employee's hourly rate set forth in Exhibit A, payable each and every pay period. The following are the recognized legal holidays under this MOU: 1. New Year's Day (January 1) 2. Martin Luther King's Birthday (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 1 1) 8. Thanksgiving Day (fourth Thursday in November) 9. Friday after Thanksgiving 10. Christmas Day (December 25) Any day declared by the President of the United States to be a national holiday, or by the Governor of the State of California to be a state holiday, and adopted as an employee holiday by the City Council of Huntington Beach. Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. Employees designated by the Fire Chief who are required to work regular shifts on the above listed holidays as set forth in this Article, shall not be entitled to time off or additional pay. -6- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION Subject to State Law and Regulations, compensation paid as a result of Article V.B. shall be reportable to PERS as compensation earnable. C. Bilingual Skill Pay Employees who are qualified to use Spanish, Vietnamese, or Sign Language skills shall be paid an additional five -percent (5%) of their hourly rate in addition to their regular bi-weekly salary. Employees may accept assignments utilizing bilingual; skills in other languages on a short-term assignment with approval by the Fire Chief and City Administrator or designee. Such employees shall receive the additional five percent (5%) of their hourly rate for every bi-weekly pay period that the assignment is in effect. In order to be qualified for said compensation, employee's language proficiency will be tested and certified by the Human Resources Director or designee. Bilingual Skill Pay shall be effective the first full pay period following certification as verified to the Fire Chief in writing by the Human Resources Director or designee. D. Professional Achievement Award The City supports employee participation in the United States Fire Administration Executive Fire Officer Program (EFOP). The City will provide each participating employee, upon EFOP program acceptance, full payment of each required program course, time to attend the course for each required program year, and travel expense to attend the required course for each program year. Upon presenting a certificate of completion from the United States Fire Administration's National Fire Academy for the Executive Fire Officer Program to the Human Resources Director, the employee will receive a one-time lump sum award of two thousand five hundred ($2,500) dollars. The award shall be subject to all applicable state and federal taxes. ARTICLE VII - UNIFORMS The City agrees to provide uniforms to employees on active duty who are required to wear uniforms. For each eligible employee, the City will report to the CalPERS the average annual cost of uniforms provided by the City as special compensation in accordance with Title 2, California Code of Regulations, Section 571(a)(5). For employees who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. -7- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION ARTICLE Vill - WORK SCHEDULE/COMPENSATORY PAY/TIME OFF A. Work Schedule Employees assigned to suppression assignments shall work an average of fifty-six (56) hours per week pursuant to the current schedule of five (5) twenty-four (24) hour shifts in a fifteen (15) day period with six (6) consecutive days off. Total hours worked in a calendar year will equal two thousand nine hundred and twelve (2912) hours. Employees 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. Total hours worked in a calendar year will equal two thousand eighty (2080) hours. B. Compensatory Pay l . Prior approval to earn compensatory time All employees must gain approval from Fire Chief in advance of accruing compensatory time. For approved compensatory time, employees 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 V11.13.3. below. 2. Prior approval to work any hours in addition to regular schedule Battalion Chiefs must gain approval to work any hours that are in addition to their regular schedule in advance from a Division Chief. Division Chiefs must gain approval to work any hours that are in addition to their regular schedule in advance from the Fire Chief. Employees shall work thirty-five (35) hours that are in addition to their regular schedule 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. Description of Compensatory Pay Benefits a. Compensatory pay is paid at the forty (40) hour hourly rate for each hour. FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION b. Compensatory time earned can be converted to cash at the employee's forty (40) hour hourly rate. c. Maximum accrual shall be one hundred sixty (160) hours. ARTICLE IX- HEALTH AND OTHER INSURANCE BENEFITS A. Health The City shall continue to make available group medical, dental and vision benefits to all association employees. A copy of the medical, dental and vision plan brochures may be obtained from the Human Resources Office. 1. Effective Date of Coverage An employee and eligible dependent(s) shall become eligible to participate in the City's health insurance plans described herein. Effective the first of the month following the employee's date of hire, any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates from employment. All employee contributions shall be deducted on a pre-tax basis. 2. California Public Employees' Retirement System (CaIPERS) Public Employees' Medical and Hospital Care Act (PEMHCA) The City presently contracts with CaIPERS to provide medical coverage. The City is required under CaIPERS PEMHCA to make a contribution to retiree medical premiums. A retiree's right to receive a City contribution, and the City's obligation to make payment on behalf of retirees, shall only exist as long as the City contracts with CaIPERS for medical insurance, except as provided in Article VIII(4)(b). In addition, while the City is in CaIPERS, its obligations to make payments on behalf of retirees shall be limited to the minimum payment required by law. a. PEMHCA Employer Contributions The City shall contribute on behalf of each employee the mandated minimum sum per month toward the payment of premiums for medical insurance under the PEMHCA program. As the mandated minimum is increased, the City shall make the appropriate adjustments by decreasing its flex benefits contribution accordingly as defined in the following sub -section. -9- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION b. Maximum Employer Contributions For the term of this agreement, the City's maximum monthly employer contribution for each employee's health and other insurance premiums are set forth as follows: Effective with the first health insurance deduction following City Council ratification of this agreement, the City contribution shall be the sum of the participating Orange County Blue Shield HMO PEMHCA Plan plus the Vision Service Plan (VSP) vision premiums for each of the following categories: a. Employee only ("EE") b. Employee + one dependent ("EE +1 ") c. Employee + two or more dependents ("EE +2") The maximum City contribution shall be based on the employee's enrollment in each plan. The parties agree that the mandated minimum PEMHCA contribution referenced above in paragraph 2a is included in the sums stated above in this sub- section. If the employee enrolls in a plan wherein the costs exceed the City contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions. ii. Effective January 1, 2009, the City contribution in each category shall increase in an amount equal to the increase in premiums for the plans described above in Subparagraph (i), not to exceed 6.5% of the City's contribution for 2008. Any increase in premiums above the City's six and one-half percent (6.5%) contribution cap will be the responsibility of the employee. iii. Effective January 1, 2010, the City contribution in each category shall increase in an amount equal to the increase in premiums for the plans described above in Subparagraph (i), not to exceed 6% of the City's contribution for 2009. Any increase in premiums above the City's six percent (6%) contribution cap will be the responsibility of the employee. iv. Effective January 1, 2011, the City contribution in each category shall increase in an amount equal to the increase in premiums for the plans described above in Subparagraph (i), not to exceed 7% of the City's contribution for 2010. Any increase in premiums -10- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION above the. City's seven percent (7%) contribution cap will be the responsibility of the employee. v. Effective January 1, 2012, the City contribution in each category shall increase in an amount equal to the increase in premiums for the . plans described above in Subparagraph (i), not to exceed 10% of the City's contribution for 2011. Any increase in premiums above the City's ten percent (10%) contribution cap will be the responsibility of the employee. 3. Dental Insurance The annual maximum benefit for the Delta Dental PPO plan is $2000. a. Effective with the first health insurance deduction following City Council ratification of this agreement, the maximum City contribution shall be equivalent to the premium for the Delta Dental PPO plan based on the employee's enrollment of employee only ("EE"), employee plus one dependent ("EE+1") or employee plus two or more dependents ("EE+2"). b. Effective January 1, 2009, the City contribution shall not be increased over the City's contribution for 2008. Any increase in premiums above the City's 2008 contribution cap will be the responsibility of the employee. c. Effective January 1, 2010, the City contribution shall increase in an amount equal to the increase in premiums for the Delta Dental PPO plan, not to exceed 5% of the City's contribution for 2009 Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. d. Effective January 1, 2011, the City contribution shall increase in an amount equal to the increase in premiums for the Delta Dental PPO plan, not to exceed 5% of the City's contribution for 2010 Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. e. Effective January 1, 2012, the City contribution shall increase in an amount equal to the increase in premiums for the Delta Dental PPO plan, not to exceed 5% of the City's contribution for 2011 Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. -11- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION 4. Retiree (Annuitant) Coverage As required by the Government Code retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. The City's requirement to provide retirees and/or annuitants medical coverage is solely governed by the Government Code requirement to extend this benefit to retirees (annuitants). While the City is contracted with CalPERS to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. a. City Contribution (Unequal Contribution Method) for Retirees As allowed by the Government Code and the CaIPERS Board, and requested by the Association, the City shall use the Unequal Contribution Method to make the mandated minimum allowable City contribution on behalf of each retiree or annuitant. b. Termination of Participation in the CaLPERS PEMHCA program - Impact to Retirees The City's requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the Association and the City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the City terminates its participation in the PEMHCA program, the retiree medical subsidy program in place per Resolution No. 2002-120, Exhibit B, to the Memorandum of Understanding shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. -12- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION 5. Additional Costs for Participation in the PEMHCA Program a. Retiree and/or Annuitant Coverage The Association shall pay to the City an amount equal to $1.00 per month for each additional retiree and/or annuitant in the bargaining unit who elects to participate in the PEMHCA plan but is not participating in the City sponsored retiree medical program as of the beginning of a pay period after the PEMHCA program is in place. Each January 1 St the amount per month paid to the City for each retiree and/or annuitant described above shall increase by the amount PEMHCA requires the City to pay on behalf of each retiree (annuitant). Article VIII (A) (4) (a) above provides an example of expected payments per retiree or annuitant per month. In the event of passage of state legislation, judicial rulings, or CalPERS board actions that increases the mandatory minimum monthly contribution for retirees (annuitants), the Association shall pay an equal amount to the City. Payments shall be made the first of the month (following implementation). if the Association fails to make timely payments for two consecutive months, the City shall implement a decrease in the supplemental benefit contribution to health insurance for each unit employee by an amount equal to the total increased cost paid by the City. (For example, if the increased cost for retirees equals $6,000 per year, the monthly supplemental benefit for each employee will be decreased as follows: $6,000 divided by twelve (months) = $500, which is then divided by the number of employees receiving supplemental benefits). b. Termination Clause The City and Association may each request termination of the City's contract with CaIPERS after the announcement of state legislation, judicial rulings, or a CalPERS board action that changes the employer's contribution, insurance premiums or program changes to the CaIPERS medical plan. -13- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION The City and Association may elect to terminate its participation in the CalPERS PEMHCA program by mutual agreement through the meet and confer process between the Association and the City. 6. Medical Cash -Out If an employee is covered by a medical program outside of a City - provided program (evidence of which must be supplied to the Human Resource Office), they may elect to discontinue City medical coverage and receive ninety two dollars and thirty-one cents ($92.31) bi-weekly. An employee may also elect to discontinue vision coverage. The employee premium paid for vision coverage will be applied toward medical premium. B. Section 125 Employee Plan The City shall provide an Internal Revenue Code Section 125 employee plan that allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or medical expenses as determined by the Internal Revenue Code. C. Post Retirement Medical Savings Plan The Association may request to reopen this agreement during its term to implement an employee funded, post -retirement medical savings plan, at no cost to the City. D. Life and Accidental Death and Dismemberment Each employee shall be provided with $50,000 (fifty thousand) life insurance and $50,000 (fifty thousand) accidental death and dismemberment insurance paid for by the City. Each employee shall have the option, at his/her own expense, to purchase additional amounts of life insurance and accidental death and dismemberment insurance to the extent provided by the City's current providers. Evidence of insurability is contingent upon total participation in additional amounts. E. 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, general leave, or the employee may elect to be in a non -pay status. Subsequent to the thirty (30) day waiting period, the -14- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION employee will be covered by an insurance plan paid for by the City, providing 66 2/3% (sixty six and two -third percent) of the first $12,500 (twelve thousand five hundred) of the employee's basic monthly earnings. The maximum benefit period for disability due to accident or sickness shall be to age 65 (sixty-five). 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 benefit continues plan payment for three (3) months beyond death. A copy of the plan is on file in the Human Resources office. F. Miscellaneous 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 and Benefits Advisory Committee The City and the Association participate in a City-wide joint labor and management insurance and benefits advisory committee to discuss and study issues relating to insurance benefits available for employees. 3. Health Plan Over -Payments Unit employees shall be responsible for accurately reporting the removal of ineligible dependents from health plan coverage. The City shall have the right to recover any premium paid by the City, on behalf of ineligible dependents. Recovery of such over -payments shall be made as follows: -'15- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION a. Reduction of Employee's Bi-Weekly Salary Warrant The employee's bi-weekly salary warrant shall be reduced by one- half (1 /2) of the amount of the bi-weekly over -payment. 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 employees 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. ARTICLE X - LEAVE BENEFITS A. General Leave 1. Accrual Employees accrue General Leave at the accrual rates outlined below. General Leave may be used for any purpose, including vacation, sick leave and personal leave. Employees shall accrue General Leave at their appropriate assigned work schedule rate, either forty (40) hour or fifty six (56) hour workweek. In the event of a change in work schedules, which must be at the beginning of a pay period, payroll shall change the accrued General Leave balance and accrual rate based on the new schedule using the conversion factor of .7143. Personnel who change from a fifty-six (56) hour schedule to a forty (40) hour schedule shall multiply the existing General Leave by .7143. Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing General Leave by .7143. -16- FMA IMOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION Years of Service General Leave Accrual 40-Hour Rate General Leave Accrual 56-Hour Rate First through Fourth Year 176 Hours 246.4 Hours Fifth through Ninth Year 200 Hours 280.0 Hours Tenth through Fourteenth Year 224 Hours 313.6 Hours Fifteenth Year and Thereafter 256 Hours 358.4 Hours 2. Eli ibility and Approval General Leave must be pre -approved; except for illness, injury or family sickness, which may require a physician's statement for approval. Accrued General Leave may not be taken prior to six (6) months' service except for illness, injury or family sickness. General Leave accrued time is to be computed from hiring date anniversary. Employees shall not be permitted to take General Leave in excess of actual time earned. Employees on a forty (40) hour schedule shall not accrue General Leave in excess of six hundred forty (640) hours; fifty six (56)-hour employees shall not accrue General Leave in excess of eight hundred and ninety six (896) hours. General Leave accumulated in excess of six hundred forty (640) hours for forty (40) hour schedule employees and General Leave accumulated in excess of eight hundred and ninety six (896) hours for fifty-six (56) hour employees shall be paid at the base hourly rate of pay, on the first pay day following such accumulation. Employees may not use their General Leave to advance their separation date on retirement or other separation from employment. 3. Conversion to Cash Twice during each fiscal year, each employee shall have the option to convert into a cash payment 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. -17- FAAA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION B. Sick Leave 1. Accrual No employee shall accrue sick leave. 2. Credit Employees assigned to FMA shall carry forward their sick leave balance and shall no longer accrue sick leave credit. 3. Usage Employees may use accrued sick leave for the same purposes for which it was used prior to the employee's assignment to FMA. 4. Family Sick Leave The City will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law. Rights and obligations are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). 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 industrial or non -industrial 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 seven hundred twenty (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 current forty (40) hour equivalent rate of -18- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION pay for fifty percent (50%) of all unused, accumulated sick leave. The maximum number of hours paid off at termination will be a total of seven hundred twenty (720) hours. Example: Employee has one thousand nine hundred twenty (1920) hours of accrued sick leave. 1920 hours X 50% = 960 hours. Maximum pay off is seven hundred twenty (720) hours. Pay off = 720 hours X employee's current forty (40) hour equivalent pay rate. 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 forty (40) hour equivalent rate, for twenty-five percent (25%) of unused, earned sick leave to four hundred eighty (480) hours accrued, and for thirty-five percent (35%) of all unused, earned sick leave in excess of four hundred eighty (480) hours, but not to exceed seven hundred twenty (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 seven hundred. twenty (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 seven hundred twenty (720) hours as of July 5, 1980, shall be compensated for such excess sick leave remaining on termination under the formulas described in paragraphs a and b 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 seven hundred twenty (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. _19- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION e. To the extent that any "capped" amount of excess sick leave over seven hundred twenty (720) hours is utilized, the maximum compensable amount shall be correspondingly reduced. (Example: Employee had one thousand (1,000) hours accumulated. Six months after July 5, 1980, employee has accumulated another forty eight (48) hours. Employee is then sick for one hundred (120) hours. Employee's maximum sick leave "cap" for compensation at termination is now reduced by seventy two (72) hours to nine hundred twenty-eight (928) hours. C. Bereavement Leave Employees shall be entitled to Bereavement Leave not to exceed thirty (30) work hours in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, registered domestic partner, children, grandfather, grandmother, stepfather, stepmother, step grandfather, step grandmother, grandchildren, stepsisters, stepbrothers, mother-in-law, father-in-law, son- in-law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the employee is the legal guardian. Employees assigned to the fifty-six (56) hour work week for suppression assignments shall be entitled to Bereavement Leave not to exceed forty- eight (48) work hours in each instance of death in the immediate family, as defined above. ARTICLE XI - CITY RULES The City's Personnel Rules are incorporated into this Agreement by reference as though set forth in full. All City Personnel Rules shall apply to Association members, however, to the extent this MOU modifies the City's Personnel rules, the Personnel Rules as modified will apply to Association members. ARTICLE XII -- MISCELLANEOUS A. Vehicle Policy l . Approval is required by the City Administrator or his/her designee for any City vehicle to be taken home by an employee. 2. The auto allowance for qualifying employees shall be one hundred sixty-one dollars and fifty-three cents ($161.53) bi-weekly. -20- FMA MOU FINAL 2008-2012 FIDE MANAGEMENT ASSOCIATION 3. The monthly automobile allowance shall not be reduced during the term of this agreement. 4. Eligibility for automobile allowance and the use of City vehicles shall be determined in accordance with the Administrative Regulation, Vehicle Use Policy and the City's Fleet Management Program. 5. Only employees that reside within thirty five (35) miles of the City's limits may be assigned a City vehicle. Employees that are assigned a City vehicle and who are assigned a cell phone/pager for immediate call out shall be allowed to use the assigned vehicle for personal use within the City limits and/or within ten (10) miles of the employee's residence. B. Deferred Compensation Loan Program Employees may borrow up to compensation funds for critical tuition, or purchase of a home regulations. C. Association Business fifty percent (50%) of their deferred needs such as medical costs, college , pursuant to program standards and An allowance of fifty (50) hours per year shall be established for the purpose of allowing authorized representatives of the Association to represent employees in their employment relations. D. Modified Return To Work Policy The City and Association agree to meet and confer during the term of this agreement to establish a modified return to work policy for employees who experience an industrial or non -industrial injury or illness. E. Controlled Substance and Alcohol Testing The City maintains the right to conduct a controlled substance and/or alcohol test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace. -21- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION F. Grievance Hearing Officer Fees The City and Association agree that for any personnel matter, pursuant to Personnel Rules 19 and 20, whereby a hearing officer is mutually agreed upon to render an opinion, the hearing officer costs shall be shared equally by the City and Association. G. Employer -Employee Relations Resolution During the term of this agreement, the City and the Association agree to meet and confer to update the Employer Employee Relations Resolution to reflect current state law. -22_ FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION ARTICLE XIII - 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 13T day of�J_ � 2008. CITY Off. HVITINGTON BEACH Fred Wilsch City d i rator1 J'iarr l / 1 Paul Emery Deputy gJ,46! ichele Carr Director Human Resources J shua Brooks Senior Administrative Analyst A'L P"Lu-'_ Michael Vig otta Deputy City Attorney HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION Robert Brown FMA President ZVI William H. Reardon FMA Vice -President �c'�P f9'r-g:,P David McBride FMA Representative APPROVED AS TO FORM: 7 ennifer McGrath U it. r 2 _ D� City Attorney -23- FIVIA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 7.0% Effective July 1, 2008 (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 640* $ 9,225.58 9,732.99 $10,268.31 $10,833.07 $11,428.88 0026 Fire Division Chief 672* $10,824.85 $11,420.22 $12,048.33 $12,710.98 $13,408.73 7.0% Effective July 1, 2008 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 640* $ 53.22 $ 56.15 $ 59.24 $ 62.50 $ 65.94 0026 Fire Division Chief 672* $ 62.45 $ 65.89 $ 69.51 $ 73.33 $ 77.36 7.0% Effective July 1, 2008 (56 Hour Rate) Job Code Classification Range 112A 112E 112C 112D 112E 0031 Fire Battalion Chief 640* $ 38.02 $ 40.11 $ 42.31 $ 44.64 $ 47.10 0026 Fire Division Chief 672* $ 44.61 $ 47.06 $ 49.65 $ 52.38 $ 55.26 *modified universal salary schedule range -24- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE Effective January 1, 2009 5.5% Fire Battalion Chief - 4.0% Fire Division Chief (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 651* $ 9,732.99 $10,268.30 $10,833.07 $11,428.88 $12,057.47 0026 Fire Division Chief 680* $11,257.84 $11,877.03 $12,530.26 $13,219.42 $13,945:08 Effective January 1, 2009 5.5% Fire Battalion Chief - 4.0% Fire Division Chief (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 651* $ 56.15 $ 59.24 $ 62.50 $ 65.94 $ 69.56 0026 Fire Division Chief 680* $ 64.95 $ 68.52 $ 72.29 $ 76.27 $ 80.45 Effective January 1, 2009 5.5% Fire Battalion Chief - 4.0% Fire Division Chief (56 Hour Rate) Job Code Classification Range 112A 112E 112C 112D 112t 0031 Fire Battalion Chief 651* $ 40.11 $ 42.31 $ 44.64 $ 47.10 $ 49.69 0026 Fire Division Chief 680* $ 46.39 $ 48.94 $ 51.64 $ 54.48 $ 57.47 *modified universal salary schedule range -25- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE Effective July 1, 2009 3.25% Fire Battalion Chief - 3.0% Fire Division Chief (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 657* $10,049.31 $10,602.02 $11,185.14 $11,800.32 $12,449.34 0026 Fire Division Chief 1 686* $11,595.58 $12,233.34 $12,906.17 $13,616.00 $14,363.43 Effective July 1, 2009 3.25% Fire Battalion Chief - 3.0% Fire Division Chief (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 657* $ 57.98 $ 61.17 $ 64.53 $ 68.08 $ 71.82 0026 Fire Division Chief 686* $ 66.90 $ 70.58 $ 74.46 $ 78.55 $ 82.87 Effective July 1, 2009 3.25% Fire Battalion Chief - 3.0% Fire Division Chief (56 Hour Rate) Job Code Classification Range 112A 112E 112C 112D 112E 0031 Fire Battalion Chief 657* $ 41.41 $ 43.69 $ 46.09 $ 48.63 $ 51.30 0026 Fire Division Chief 686* $ 47.78 $ 50.41 $ 53.18 $ - 56.11 $ 59.19 *modified universal salary schedule range -26- FfiAA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 2.0% Effective January 1, 2010 (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 661* $10,250.30 $10,814.06 $11,408.84 $12,036.33 $12,698.33 0026 Fire Division Chief 690* $11,827.49 $12,478.00 $13,164.29 $13,888.32 $14,650.70 2.0% Effective January 1, 2010 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 661* $ 59.14 $ 62.39 $ 65.82 $ 69.44 $ 73.26 0026 Fire Division Chief 690* $ 68.24 $ 71.99 $ 75.95 $ 80.12 $ 84.52 2.0% Effective January 1, 2010 (56 Hour Rate) Job .Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 661* $ 42.24 $ 44.56 $ 47.01 $ 49.60 $ 52.33 0026 Fire Division Chief 690* $ 48.74 $ 51.42 $ 54.25 $ 57.23 $ 60.37 *modified universal salary schedule range -27- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 2.0% Effective July 1, 2010 (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 665* $10,455.30 $11,030.34 $11,637.02 $12,277.06 $12,952.29 0026 Fire Division Chief 694* $12,064.04 $12,727.56 $13,427.58 $14,166.09 $14,943.71 2.0% Effective July 1, 2010 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 665* $ 60.32 $ 63.64 $ 67.14 $ 70.83 $ 74.72 0026 Fire Division Chief 694* $ 69.60 $ 73.43 $ 77.47 $ 81.73 $ 86.21 2.0% Effective July 1, 2010 (56 Hour Rate) Job Code Classification Range 112A 112E 112C 112D 112E 0031 Fire Battalion Chief 665* $ 43.09 $ 45.45 $ 47.95 $ 50.59 $ 53.37 0026 Fire Division Chief 694* $ 49.71 $ 52.45 $ 55.33 $ 58.38 $ 61.58 *modified universal salary schedule range -28- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 2.0% Effective January 1, 2011 (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 669* $10,664.41 $11,250.95 $11,869.76 $12,522.60 $13,211.34 0026 Fire Division Chief 698* $12,305.32 $12,982.11 $13,696.13 $14,449.41 $15,242.58 2.0% Effective January 1, 2011 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief _ 669* $ 61.53 $ 64.91 $ 68.48 $ 72.25 $ 76.22 0026 Fire Division Chief 698* $ 70.99 $ 74.90 $ 79.02 $ 83.36 $ 87.94 2.0% Effective January 1, 2011 (56 Hour Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 669* $ 43.95 $ 46.36 $ 48.91 $ 51.60 $ 54.44 0026 Fire Division Chief 698* $ 50.71 $ 53.50 $ 56.44 $ 59.54 $ 62.81 *modified universal salary schedule range -29- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 2.0% Effective July 1, 2011 (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 673* $10,877.70 $11,475.97 $12,107.16 $12,773.05 $13,475.57 0026 Fire Division Chief 702* $12,551.43 $13,241.76 $13,970.05 $14,738.40 $15,547.44 2.0% Effective July 1, 2011 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 673* $ 62.76 $ 66.21 $ 69.85 $ 73.69 $ 77.74 0026 Fire Division Chief 702* $ 72.41 $ 76.39 $ 80.60 $ 85.03 $ 89.70 2.0% Effective July 1, 2011 (56 Hour Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 673* $ 44.83 $ 47.29 $ 49.89 $ 52.64 $ 55.53 0026 Fire Division Chief 702* $ 51.72 $ 54.57 $ 57.57 $ 60.74 $ 64.07 *modified universal salary schedule range -30- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT A - SALARY SCHEDULE 2.0% Effective January 1, 2012 (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 677* $11,095.25 $11,705.49 $12,349.30 $13,028.51 $13,745.08 0026 Fire Division Chief 708* $12,802.45 $13,506.59 $14,249.45 $15,033.17 $15,858.38 2.0% Effective January 1, 2012 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 677* $ 64.01 $ 67.53 $ 71.25 $ 75.16 $ 79.30 0026 Fire Division Chief 708* $ 73.86 $ 77.92 $ 82.21 $ 86.73 $ 91.49 2.0% Effective January 1, 2012 (56 Hour Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 677* $ 45.72 $ 48.24 $ 50.89 $ 53.69 $ 56.64 0026 Fire Division Chief 708* $ 52.76 $ 55.66 $ 58.72 $ 61.95 $ 65.35 *modified universal salary schedule range -31- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT B - SERVICE CREDIT SUBSIDY An employee who has retired from the City and meets the plan participation requirements shall receive a monthly Service Credit Subsidy to reimburse the retiree for the payment of qualified medical expenses incurred for the purchase of medical insurance. Plan Participation Requirements 1. At the time of retirement the employee has a minimum of ten (10) years of continuous regular (permanent) City service or is granted an industrial disability retirement; and 2. At the time of retirement, the employee is employed by the City; and 3. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees' Retirement System (CalPERS). The City's obligation to pay the Service Credit Subsidy as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: a. On the first of the month in which a retiree or dependent reaches age sixty five (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 Service Credit Subsidy may be adjusted downward or eliminated. b. In the event of the death of an eligible employee, whether retired or not, the amount of the Service Credit Subsidy benefit which the deceased employee was eligible for at the time of his/her death, shall be paid to the surviving spouse or dependent for a period not to exceed twelve (12) months from the date of death. -32- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT B — SERVICE CREDIT SUBSIDY 4. Minimum Eligibility for Benefits With the exception of an industrial disability retirement, eligibility for Service Credit Subsidy begins after an employee has completed fen (10) years of continuous regular (permanent) 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. To receive the Service Credit Subsidy retirees are required to purchase medical insurance from City sponsored plans. The City shall have the right to require any retiree (annuitant) to annually certify that the retiree is purchasing medical insurance benefits. 5. 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 $120 (one hundred twenty). Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. 6. Service Credit Subsidy Payment shall not exceed dollar amount, which is equal to the qualified medical expenses incurred for the purchase of City sponsored medical insurance. 7. Maximum Monthly Service Credit Subsidy Payments All retirees, including those retired as a result of disability whose number of years of service exceeds ten (10) continuous years of regular (permanent) service immediately prior to retirement shall be entitled to a maximum monthly Service Credit Subsidy by the City for each year of completed City service as follows: -33- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT B - SERVICE CREDIT SUBSIDY Maximum Service Credit Subsidy Retirements After: Service Credit Years of Service Subsidy 10 $ 120 11 135 12 150 13 165 14 180 15 195 16 210 17 225 18 240 19 255 20 270 21 285 22 299 23 314 24 329 25 343 The Service Credit Subsidy will be reduced every January 1 st by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). Article VIII(A) (4) (a) provides an example of expected reductions per retiree per month. 8. Medicare a. All persons are eligible for Medicare coverage at age 65. Those with sufficient credited 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, the participant pays for Part B of Medicare. b. When a retiree and his/her spouse are both 65 or over, and neither is eligible for paid Part A of Medicare, the Service Credit Subsidy 34 FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT B — SERVICE CREDIT SUBSIDY shall pay for Part A for each of them or the maximum subsidy, whichever is less. c. 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 of Medicare, the spouse shall not receive the 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. 9. Cancellation a. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: i. Coverage for a retiree under the Service Credit Subsidy Pion will be eliminated on the first day of the month in which the retiree reaches age 65. ii. 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 Service Credit Subsidy Plan will be eliminated. -35- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT C - VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM Guidelines Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either; return to work, long-term disability, or medical retirement. , Employees who accrue Vacation, General Leave or Exempt Compensatory Time, may donate such leave to another employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of Vacation, General, or Sick Leave. 2. Definitions Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued Exempt Compensatory Time, Vacation or General Leave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. 4. Eligibility Permanent employees who accrue Vacation or General Leave may donate such hours to eligible recipients. Exempt Compensatory Time accrued may also be donated. An eligible recipient is an employee who: • Accrues Vacation or General Leave; • Is not receiving disability benefits or Workers' Compensation payments; and • Requests donated leave. 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's salary -36- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT C — VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient's hourly wage. An employee needing leave, will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Employees wanting to makes donations will submit an Authorization for Donation to the Human Resources Department (payroll). All donation forms submitted to payroll will be date stamped and used in order received for each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. Other Please contact the Human Resources Department on questions regarding staff participation in this program. -37- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT C — VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Request Form Requestor, Please Complete According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated Vacation, General Leave or Exempt Compensatory Time. MY SIGNATURE CERTIFIES THAT: ® A Leave of absence in relation to a catastrophic illness or injury has been approved by my department; and • 1 am not receiving disability benefits or Workers' Compensation payments. ;Name: (Please Print or Type: Last, First, MI) .......... ___ —. __._,-. . _ . — ___._.___ ___ ------ -- 'Work Phone: Department: y 3z z Please return this form to the Human Resources Office for processing. -38- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT C — VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete )onor Name: (Please Print or Type: Last, First MI) :Work Phone: ,Donor Job Title: Type of Accrued Leave: :Number of Hours I wish to Donate: '0 Vacation Hours of Vacation Compensatory Time Hours of Exempt Compensatory Time General Leave Hours of General Leave I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. Please submit to Payroll in the Finance Department. -39- FMA MOU FINAL 2008-2012 Res. No. 2008-72 STATE OF CALIFORNIA COUNTY.OF ORANGE j ss: CITY OF HUNTINGTON BEACH ) 1, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on November 17, 2008 by the following vote: AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green NOES: None ABSENT: Carchio ABSTAIN: None Cit Jerk and ex-officio Vierk of the City Council of the City of Huntington Beach, California INITIATING DEPARTMENT: HUMAN RESOURCES SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION FMA COUNCIL. MEETING DATE: NOVEMBER 17, 2008 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION ! a: x , . HMENTS— RCA Author: MICHELE CARR MTY OF BEACH Mterdepartmental Memo To: Joan Flynn, City Clerk From: Michele Carr, Late: November 17, Topic: Modificatiolr�RWacement - RCA Exhibits Submitted The Human Resources Department Submitted RCA 08-10 for Council Action. However, the documents originally submitted contained errors which were discovered after the items were submitted to Administration for inclusion in the agenda packet. The Legislative Draft update did not capture the following items which require correction so that the document is accurate and matches the full MOU costing as presented - PAGE 2 — ARTICLE IV — MANAGEMENT RIGHTS The parties agree that the City has the right to unilaterally make decision on all matter that are outside the scope of bargaining. Should be corrected to read: The parties agree that the City has the right to unilaterally make decision on all matters that are outside the scope of bargaining. [This is to correct a grammatical error from the prior MOU.] PAGE 8 — ARTICLE VII — WORK SCHEDULE/COMPENSATORY PAYITIME OFF Section B — Division Chiefs must gain approval to work to work any hours that are in addition to their regular schedule in advance from the Fire Chief. Employees shall work thirty-five (35) hours of non suppression hours that are in addition to their regular schedule 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. Should be corrected to read: Section B — Division Chiefs must gain approval to wsr to work any hours that are in addition to their regular schedule in advance from the Fire Chief. Employees shall work thirty-five (35) hours of non -suppression hours that are in addition to their regular schedule 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. [The first correction is grammatical. The second correction is material and needs to be properly reflected in the MOU.] PAGE 11 —ARTICLE IX (3) B. — DENTAL INSURANCE Effective January 1, 2009, the City contribution shall increase in an amount equal to the increase in premiums for the Delta Dental PPO Plan, not to exceed 5% of the City's contribution for 2008. Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. 11,/17/2008 �/O CITY ""' h. ON 4OBEACH Interdepartmental Memo Should be corrected to read: Effective January 1, 2009, the City contribution cap shall not be increased over the City's contribution for 2008. Any increase in premiums above the City's 2008 contribution cap will be the responsibility of the employee. [This is a material error and should be reflected accurately in the MOU.] PAGE 14 AND 15 - ARTICLE IX (6) C - POST -RETIREMENT MEDICAL SAVINGS PLAN The Association may request to reopen this agreement during its term to implement an employee funded, post - retirement medical savings plan, similar to one previously established by the Huntington Beach Police Officers' Association (POA) and the Huntington Beach Police Management Association (PMA), at no cost to the City. Should be corrected to read. - The Association may request to reopen this agreement during its term to implement an employee funded, post -retirement medical savings plan, Qffic-ers'Assec4ation (PGA) and the Huntington Beach Poh�-,e Management Asse4ation (P-MA)-, at no cost to the City. [This is a minor but clarifying correction.] Again, thank you for assisting us in providing the most accurate information to the Council. Please replace the following attached pages in Resolution 2008-72: Attachment 1 — Legislative Draft Pages 1/2, 7/8, 11/12, 13/14, 15/16 Attachment 2, Exhibit A — Final Memorandum of Understanding FMA Pages 1/2, 7/8, 11112, 13/14 11 /17/2008 - uAtti-, W-1 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 City of Huntington Beach and the Huntington Beach Fire Management Association (FMA) 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 (MOU) shall not change existing terms and conditions of employment, which have been established for the classifications represented by the Huntington Beach Fire Management Association. NOW THEREFORE, this Memorandum of Understanding is made to become effective -July 1, 20068, and it is agreed as follows: ARTICLE I - TERM OF MOU This Agreement shall be in effect for a period of forty-eight (48) f,'vt ur (241 months commencing July 1, 2008 and expiring on June 30, 2012. 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. 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 affect the validity of the remaining portions of this resolution or its application to other persons. The City Council -1- FMA MOU FINAL 20068-200812 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 - MANAGEMENT RIGHTS The City and the Fire Chief retain all rights, powers and authority to manage and direct the performance of fire services and the workforce, except as modified by the Memorandum of Understanding. The parties agree that the City has the right to unilaterally make decisions on all matters that are outside the scope of bargaining. Such matters include, but are not limited to, consideration of the merits, necessity, level or organization of fire services, staffing requirements, extra duty assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, reasonable work and safety rules and regulations. ARTICLE V - SALARY SCHEDULES AND RETIREMENT A. Monthly Compensation Employees shall be compensated at hourly rates by job code and pay grade 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. B. Wage Increases Effective with the pay period that includes July 1, 2008; all unit employees shall receive a seven percent (7%) wage increase; Effective the pay period that includes January 1, 2009, Battalion Chiefs shall receive a five and one-half percent (5.50%) wage increase. Effective the pay period that includes January 1, 2009, Division Chiefs shall receive a four percent (4%) wage increase. Effective the pay period that includes July 1, 2009, Battalion Chiefs shall receive a three and one -quarter percent (3.25%) wage increase. Effective the pay period that includes July 1, 2009, Division Chiefs shall receive a three percent (3%) wage increase. -2- FMA MOU FINAL 20068-20 12 FIRE MANAGEMENT ASSOCIATION Employees designated by the Fire Chief who are required to wo'rk regular shifts on the above listed holidays as set forth in this Article, shall not be entitled to time off or additional pay. Subject to State Law and Regulations, compensation paid as a result of Article V.B. shall be reportable to PERS as compensation earnable. C. Bilingual Skill Pay Employees who are qualified to use Spanish, Vietnamese, or Sign Language skills shall be paid an additional five -percent (5%) of their hourly rate in addition to their regular bi-weekly salary. Employees may accept assignments utilizing bilingual skills in other languages on a short-term assignment with approval by the Fire Chief and City Administrator or designee. Such employees shall receive the additional five percent (5%) of their hourly rate for every bi-weekly pay period that the assignment is in effect. In order to be qualified for said compensation, employee's language proficiency will be tested and certified by the Human Resources Director or designee. Bilingual Skill Pay shall be effective the first full pay period following certification as verified to the Fire Chief in writing by the Human Resources Director or designee. D. Professional Achievement Award The City supports employee participation in the United States Fire Administration Executive Fire Officer Program (EFOP). The City will provide each participating employee, upon EFOP program acceptance, full payment of each required program course, time to attend the course for each required program year, and travel expense to attend the required course for each program year. Upon presenting a certificate of completion from the United States Fire Administration's National Fire Academy for the Executive Fire Officer Program to the Human Resources Director, the employee will receive a one-time lump sum award of two thousand five hundred ($2,500) dollars. The award shall be subject to all applicable state and federal taxes. ARTICLE VII - UNIFORMS The City agrees to provide uniforms to employees on active duty who are required to wear uniforms. For each eligible employee, the City will report to the CalPERS the average annual cost of uniforms provided by the City as special compensation in accordance with Title 2, California Code of Regulations, -7- FMA MOU FINAL 2008-200812 FIRE MANAGEMENT ASSOCIATION Section 571 (a)(5). For employees who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. ARTICLE Vill - WORK SCHEDULE/COMPENSATORY PAY/TIME OFF A. Work Schedule Employees assigned to suppression assignments shall work an average of fifty-six (56) hours per week pursuant to the current schedule of five (5) twenty-four (24) hour shifts in a fifteen (15) day period with six (6) consecutive days off. Total hours worked in a calendar year will equal two thousand nine hundred and twelve (2912) hours. Employees 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. Total hours worked in a calendar year will equal two thousand eighty (2080) hours. B. Compensatory Pay 1. Prior approval to earn compensatory time All employees must gain approval from Fire Chief in advance of accruing compensatory time. For approved compensatory time, employees 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. 2. Prior approval to work any hours in addition to regular schedule Battalion Chiefs must gain approval to work any hours that are in addition to their regular schedule in advance from a Division Chief. Division Chiefs must gain approval tG weFk to work any hours that are in addition to their regular schedule in advance from the Fire Chief. Employees shall work thirty-five (35) hours of non -suppression hours that are in addition to their regular schedule 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. Description of Compensatory Pay Benefits FMA MOU FINAL 20068-20 12 FIRE MANAGEMENT ASSOCIATION iii. Effective January 1, 2010, the City contribution in each category shall increase in an amount equal to the increase in premiums for the plans described above in Subparagraph (i), not to exceed 6% of the City's contribution for 2009. Any increase in premiums above the City's six percent (6%) contribution cap will be the responsibility of the employee. iv. Effective January 1, 2011, the City contribution in each category shall increase in an amount equal to the increase in premiums for the plans described above in Subparagraph (i), not to exceed 7% of the City's contribution for 2010. Any increase in premiums above the City's seven percent (7%) contribution cap will be the responsibility of the employee. V. Effective January 1, 2012, the City contribution in each category shall increase in an amount equal to the increase in premiums for the plans described above in Subparagraph (1), not to exceed 10% of the City's contribution for 2011. Any increase in premiums above the City's ten percent (10%) contribution cap will be the responsibility of the employee. 3. Dental Insurance The annual maximum benefit for the Delta Dental PPO plan is $2000. a. Effective with the first health insurance deduction following City Council ratification of this agreement, the maximum City contribution shall be equivalent to the premium for the Delta Dental PPO plan based on the employee's enrollment of employee only ("EE"), employee plus one dependent ("EE+1 ") or employee plus two or more dependents ("EE+2"). b-.Effe iner-eGs 44-G root--ui......t-tc�e t tri t c cap-w ii resp i iiify' f...tfae pley e-: -11- FNIA NIOU FINAL 2008-200812 FIRE MANAGEMENT ASSOCIATION b. Effective January 1, 2009, the City contribution cap shall not be increased the Delta Dental DDn plan, not to c-eed 5% f over the City's contribution for 2008. Any increase in premiums above the City's five percent (5% 2008 contribution cap will be the responsibility of the employee. c. Effective January 1, 2010, the City contribution shall increase in an amount equal to the increase in premiums for the Delta Dental PPO plan, not to exceed 5% of the City's contribution for 2009 Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. d. Effective January 1, 2011, the City contribution shall increase in an amount equal to the increase in premiums for the Delta Dental PPO plan, not to exceed 5% of the City's contribution for 2010 Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. e. Effective January 1, 2012, the City contribution shall increase in an amount equal to the increase in premiums for the Delta Dental PPO plan, not to exceed 5% of the City's contribution for 2011 Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. 4. Retiree (Annuitant) Coverage As required by the Government Code retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. The City's requirement to provide retirees and/or annuitants medical coverage is solely governed by the Government Code requirement to extend this benefit to retirees (annuitants). While the City is contracted with CalPERS to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. a. City Contribution (Unequal Contribution Method) for Retirees As allowed by the Government Code and the CalPERS Board, and requested by the Association, the City shall use the Unequal Contribution Method to make the mandated minimum allowable City contribution on behalf of each retiree or annuitant. -12- FNIA MOU FINAL 2008-20 12 FIRE MANAGEMENT ASSOCIATION b. Termination of Participation in the CaLPERS PEMHCA program - Impact to Retirees The City's requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the Association and the City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the City terminates its participation in the PEMHCA program, the retiree medical subsidy program in place per Resolution No. 2002-120, Exhibit B, to the Memorandum of Understanding shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. 5. Additional Costs for Participation in the PEMHCA Program a. Retiree and/or Annuitant Coverage The Association shall pay to the City an amount equal to $1.00 per month for each additional retiree and/or annuitant in the bargaining unit who elects to participate in the PEMHCA plan but is not participating in the City sponsored retiree medical program as of the beginning of a pay period after the PEMHCA program is in place. Each January 1st the amount per month paid to the City for each retiree and/or annuitant described above shall increase by the amount PEMHCA requires the City to pay on behalf of each retiree (annuitant). Article VIII (A) (4) (a) above provides an example of expected payments per retiree or annuitant per month. In the event of passage of state legislation, judicial rulings, or CaIPERS board actions that increases the mandatory minimum monthly contribution for retirees (annuitants), the Association shall pay an equal amount to the City. Payments shall be made the first of the month (following implementation). If the Association fails to make timely payments -13- FMA MOU FINAL 2008-20 12 FIRE MANAGEMENT ASSOCIATION for two consecutive months, the City shall implement a decrease in the supplemental benefit contribution to health insurance for each unit employee by an amount equal to the total increased cost paid by the City. (For example, if the increased cost for retirees equals $6,000 per year, the monthly supplemental benefit for each employee will be decreased as follows: $6,000 divided by twelve (months) = $500, which is then divided by the number of employees receiving supplemental benefits). b. Termination Clause The City and Association may each request termination of the City's contract with CalPERS after the announcement of state legislation, judicial rulings, or a CalPERS board action that changes the employer's contribution, insurance premiums or program changes to the CalPERS medical plan. The City and Association may elect to terminate its participation in the CalPERS PEMHCA program by mutual agreement through the meet and confer process between the Association and the City. 6. Medical Cash -Out If an employee is covered by a medical program outside of a City - provided program (evidence of which must be supplied to the Human Resource Office), they may elect to discontinue City medical coverage and receive ninety two dollars and thirty-one cents ($92.31) bi-weekly. An employee may also elect to discontinue vision coverage. The employee premium paid for vision coverage will be applied toward medical premium. B. Section 125 Employee Plan The City shall provide an Internal Revenue Code Section 125 employee plan that allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or medical expenses as determined by the Internal Revenue Code. C. Post Retirement Medical Savings Plan The Association may request to reopen this agreement during its term to implement an employee funded, post -retirement medical savings plan, -14- FMA MOU FINAL 2008-20 12 FIRE MANAGEMENT ASSOCIATION • • • • D. Life and Accidental Death and Dismemberment Each employee shall be provided with $50,000 (fifty thousand) life insurance and $50,000 (fifty thousand) accidental death and dismemberment insurance paid for by the City. Each employee shall have the option, at his/her own expense, to purchase additional amounts of life insurance and accidental death and dismemberment insurance to the extent provided by the City's current providers. Evidence of insurability is contingent upon total participation in additional amounts. E. 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, general leave, 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% (sixty six and two -third percent) of the first $12,500 (twelve thousand five hundred) of the employee's basic monthly earnings. The maximum benefit period for disability due to accident or sickness shall be to age 65 (sixty-five). 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 benefit continues plan payment for three (3) months beyond death. A copy of the plan is on file in the Human Resources office. F. Miscellaneous 1. City Paid Premiums While on Medical Disability _15- FMA MOU FINAL 200 8-200012 FIRE MANAGEMENT ASSOCIATION 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 and Benefits Advisory Committee The City and the Association participate in a City-wide joint labor and management insurance and benefits advisory committee to discuss and study issues relating to insurance benefits available for employees. 3. Health Plan Over -Payments Unit employees shall be responsible for accurately reporting the removal of ineligible dependents from health plan coverage. The City shall have the right to recover any premium paid by the City, on behalf of ineligible dependents. Recovery of such over -payments shall be made as follows: a. Reduction of Employee's Bi-Weekly Salary Warrant The employee's bi-weekly salary warrant shall be reduced by one- half (1 /2) of the amount of the bi-weekly over -payment. 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 employees 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. FMA MOU FINAL 2008-20 12 ATTACHMENT 2 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 City of Huntington Beach and the Huntington Beach Fire Management Association (FMA) 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 (MOU) shall not change existing terms and conditions of employment, which have been established for the classifications represented by the Huntington Beach Fire Management Association. NOW THEREFORE, this Memorandum of Understanding is made to become effective July 1, 2008, and it is agreed as follows: ARTICLE I - TERM OF MOU This Agreement shall be in effect for a period of forty-eight (48) months commencing July 1, 2008 and expiring on June 30, 2012. 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. 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 affect the validity of the remaining portions of this resolution or its application to other persons. The City Council FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION 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 dec►ared invalid or unconstitutional. ARTICLE IV - MANAGEMENT RIGHTS The City and the Fire Chief retain all rights, powers and authority to manage and direct the performance of fire services and the workforce, except as modified by the Memorandum of Understanding. The parties agree that the City has the right to unilaterally make decisions on all matters that are outside the scope of bargaining. Such matters include, but are not limited to, consideration of the merits, necessity, level or organization of fire services, staffing requirements, extra duty assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, reasonable work and safety rules and regulations. ARTICLE V - SALARY SCHEDULES AND RETIREMENT A. Monthly Compensation Employees shall be compensated at hourly rates by job code and pay grade 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. B. Wage Increases Effective with the pay period that includes July 1, 2008; all unit employees shall receive a seven percent (7%) wage increase; Effective the pay period that includes January 1, 2009; Battalion Chiefs shall receive a five and one-half percent (5.50%) wage increase. Effective the pay period that includes January 1, 2009; Division Chiefs shall receive a four percent (4%) wage increase. Effective the pay period that includes July 1, 2009; Battalion Chiefs shall receive a three and one -quarter percent (3.25%) wage increase. -2- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION Subject to State Law and Regulations, compensation paid as a result of Article V.B. shall be reportable to PERS as compensation earnable. C. Bilingual Skill Pay Employees who are qualified to use Spanish, Vietnamese, or Sign Language skills shall be paid an additional five -percent (5%) of their hourly rate in addition to their regular bi-weekly salary. Employees may accept assignments utilizing bilingual skills in other languages on a short-term assignment with approval by the Fire Chief and City Administrator or designee. Such employees shall receive the additional five percent (5%) of their hourly rate for every bi-weekly pay period that the assignment is in effect. In order to be qualified for said compensation, employee's language proficiency will be tested and certified by the Human Resources Director or designee. Bilingual Skill Pay shall be effective the first full pay period following certification as verified to the Fire Chief in writing by the Human Resources Director or designee. D. Professional Achievement Award The City supports employee participation in the United States Fire Administration Executive Fire Officer Program (EFOP). The City will provide each participating employee, upon EFOP program acceptance, full payment of each required program course, time to attend the course for each required program year, and travel expense to attend the required course for each program year. Upon presenting a certificate of completion from the United States Fire Administration's National Fire Academy for the Executive Fire Officer, Program to the Human Resources Director, the employee will receive a one-time lump sum award of two thousand five hundred ($2,500) dollars. The award shall be subject to all applicable state and federal taxes. ARTICLE VII - UNIFORMS The City agrees to provide uniforms to employees on active duty who are required to wear uniforms. For each eligible employee, the City will report to the CalPERS the average annual cost of uniforms provided by the City as special compensation in accordance with Title 2, California Code of Regulations, Section 571(a)(5). For employees who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. -7- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION ARTICLE VIII - WORK SCHEDULE/COMPENSATORY PAY/TIME OFF A. Work Schedule Employees assigned to suppression assignments shall work an average of fifty-six (56) hours per week pursuant to the current schedule of five (5) twenty-four (24) hour shifts in a fifteen (15) day period with six (6) consecutive days off. Total hours worked in a calendar year will equal two thousand nine hundred and twelve (2912) hours. Employees 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. Total hours worked in a calendar year will equal two thousand eighty (2080) hours. B. Compensatory Pay 1. Prior approval to earn compensatory time All employees must gain approval from Fire Chief in advance of accruing compensatory time. For approved compensatory time, employees 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. 2. Prior approval to work any hours in addition to regular schedule Battalion Chiefs must gain approval to work any hours that are in addition to their regular schedule in advance from a Division Chief. Division Chiefs must gain approval to work any hours that are in addition to their regular schedule in advance from the Fire Chief. Employees shall work thirty-five (35) hours that are in addition to their regular schedule 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. Description of Compensatory Pay Benefits a. Compensatory pay is paid at the forty (40) hour hourly rate for each hour. FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION above the City's seven percent (7%) contribution cap will be the responsibility of the employee. v. Effective January 1, 2012, the City contribution in each category shall increase in an amount equal to the increase in premiums for the plans described above in Subparagraph (i), not to exceed 10% of the City's contribution for 2011. Any increase in premiums above the City's ten percent (10%) contribution cap will be the responsibility of the employee. 3. Dental Insurance The annual maximum benefit for the Delta Dental PPO plan is $2000. a. Effective with the first health insurance deduction following City Council ratification of this agreement, the maximum City contribution shall be equivalent to the premium for the Delta Dental PPO plan based on the employee's enrollment of employee only ("EE"), employee plus one dependent ("EE+1 ") or employee plus two or more dependents ("EE+2"). b. Effective January 1, 2009, the City contribution shall not be increased over the City's contribution for 2008. Any increase in premiums above the City's 2008 contribution cap will be the responsibility of the employee. c. Effective January 1, 2010, the City contribution shall increase in an amount equal to the increase in premiums for the Delta Dental PPO plan, not to exceed 5% of the City's contribution for 2009 Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. d. Effective January 1, 2011, the City contribution shall increase in an amount equal to the increase in premiums for the Delta Dental PPO plan, not to exceed 5% of the City's contribution for 2010 Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. e. Effective January 1, 2012, the City contribution shall increase in an amount equal to the increase in premiums for the Delta Dental PPO plan, not to exceed 5% of the City's contribution for 2011 Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. -11- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION 4. Retiree (Annuitant) Coverage As required by the Government Code retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. The City's requirement to provide retirees and/or annuitants medical coverage is solely governed by the Government Code requirement to extend this benefit to retirees (annuitants). While the City is contracted with CaIPERS to participate in the PEMHCA program, CaIPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. a. City Contribution (Unequal Contribution Method) for Retirees As allowed by the Government Code and the CaIPERS Board, and requested by the Association, the City shall use the Unequal Contribution Method to make the mandated minimum allowable City contribution on behalf of each retiree or annuitant. b. Termination of Participation in the CaLPERS PEMHCA program - Impacf to Retirees The City's requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the Association and the City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the City terminates its participation in the PEMHCA program, the retiree medical subsidy program in place per Resolution No. 2002-120, Exhibit B, to the Memorandum of Understanding shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. -12- FIVIA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION 5. Additional Costs for Participation in the PEMHCA Program a. Retiree and/or Annuitant Coverage The Association shall pay to the City an amount equal to $1.00 per month for each additional retiree and/or annuitant in the bargaining unit who elects to participate in the PEMHCA plan but is not participating in the City sponsored retiree medical program as of the beginning of a pay period after the PEMHCA program is in place. Each January 1 st the amount per month paid to the City for each retiree and/or annuitant described above shall increase by the amount PEMHCA requires the City to pay on behalf of each retiree (annuitant). Article VIII (A) (4) (a) above provides an example of expected payments per retiree or annuitant per month. In the event of passage of state legislation, judicial rulings, or CaIPERS board actions that increases the mandatory minimum monthly contribution for retirees (annuitants), the Association shall pay an equal amount to the City. Payments shall be made the first of the month (following implementation). If the Association fails to make timely payments for two consecutive months, the City shall implement a decrease in the supplemental benefit contribution to health insurance for each unit employee by an amount equal to the total increased cost paid by the City. (For example, if the increased cost for retirees equals $6,000 per year, the monthly supplemental benefit for each employee will be decreased as follows: $6,000 divided by twelve (months) = $500, which is then divided by the number of employees, receiving supplemental benefits). b. Termination Clause The City and Association may each request termination of the City's contract with CaIPERS after the announcement of state legislation, judicial rulings, or a CaIPERS board action that changes the employer's contribution, insurance premiums or program changes to the CaIPERS medical plan. -13- FIVIA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION The City and Association may elect to terminate its participation in the CalPERS PEMHCA program by mutual agreement through the meet and confer process between the Association and the City. 6. Medical Cash -Out If an employee is covered by a medical program outside of a City - provided program (evidence of which must be supplied to the Human Resource Office), they may elect to discontinue City medical coverage and receive ninety two dollars and thirty-one cents ($92.31) bi-weekly. An employee may also elect to discontinue vision coverage. The employee premium paid for vision coverage will be applied toward medical premium. B. Section 125 Employee Plan The City shall provide an Internal Revenue Code Section 125 employee plan that allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or medical expenses as determined by the Internal Revenue Code. C. Post Retirement Medical Savings Plan The Association may request to reopen this agreement during its term to implement an employee funded, post -retirement medical savings plan, at no cost to the City. D. Life and Accidental Death and Dismemberment Each employee shall be provided with $50,000 (fifty thousand) life insurance and $50,000 (fifty thousand) accidental death and dismemberment insurance paid for by the City. Each employee shall have the option, at his/her own expense, to purchase additional amounts of life insurance and accidental death and dismemberment insurance to the extent provided by the City's current providers. Evidence of insurability is contingent upon total participation in additional amounts. E. 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 -14- FIVIA MOU FINAL 2008-2012 1171 17--gL 11 1 Irel VIVO I t! ! , Huntington Beach Fire Management Association 10]:NTII�� MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS PREAMBLE.......................................................................................................................1 ARTICLE I - TERM OF MOU.............................................................................................1 ARTICLE II - REPRESENTATIONAL UNIT...........................................................................1 ARTICLE III - SEVERABILITY.............................................................................................1 ARTICLE IV - MANAGEMENT RIGHTS.............................................................................2 ARTICLE V - SALARY SCHEDULES AND RETIREMENT.....................................................2 A. MONTHLY COMPENSATION......................................................................................................... 2 B. WAGE INCREASES...................................................................................................................... 2 C. CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALIPERS) PICK-UP ................................... 2 D. SELF FUNDED SUPPLEMENTAL RETIREMENT BENEFIT......................................................................... 3 E. MEDICAL INSURANCE UPON RETIREMENT..................................................................................... 3 F. CALPERS ADDITIONAL BENEFITS................................................................................................. 4 G. DIRECT DEPOSIT.................................................................... i;i 1r � , tl, ; ARTICLE VI - ADDITIONAL MANAGEMENT BENEFITS................................................4 cTP A. EDUCATIONAL TUITION........................................................................ +✓ . ........... .. ......... s B. HOLIDAY PAY-IN-LIEU................................................................................................................. 5 C. BILINGUAL SKILL PAY.................................................................................................................. 6 D. PROFESSIONAL ACHIEVEMENT AWARD........................................................................................ 6 ARTICLE VII - UNIFORMS................................................................................................6 ARTICLE VIII - WORK SCHEDULE/COMPENSATORY PAY/TIME OFF .............................6 A. WORK SCHEDULE....................................................................................................................... 6 B. COMPENSATORY PAY................................................................................................................ 7 1. Prior Approval to Earn Compensatory Time.....................................................................................7 2. Prior Approval to Work any Hours in Addition to Regular Schedule.............................................7 3. Description of Compensatory Benefits.............................................................................................7 ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS.............................................7 A. HEALTH......................................................................................................................................7 1. Effective Date of Coverage...........................................................................................................7 FMA MOU FINAL 20068-200812 MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS 2. California Public Employees' Retirement System (CaIPERS) Public Employees' Medical and Hospital Care Act (PEMHCA)................................................................................................8 a. PEMHCA Employer Contributions..............................._.............................................................8 b. Maximum Employer Contributions...........................................................................................8 3. Dental Insurance..............................._.............................._............................................................._9 4. Retiree (Annuitant) Coverage.......................................................................................................9 a. City Contribution (Unequal Contribution Method) for Retirees............................................9 b. Termination of Participation in the CalPERS PEMHCA Program - Impact to Retirees ..... 10 5. Additional Costs for Participation in the PEMHCA Program....................................................10 a. Retiree and/or Annuitant Coverage..............................._.............................._.......................10 b. Termination Clause..............................._.............................._.....................................................11 6. Medical Cash-Out.........................................................................................................................I I B. SECTION 125 EMPLOYEE PLAN.................................................................................................. 11 C. POST RETIREMENT MEDICAL SAVINGS PLAN ......................... r# 11 D. GTi t� LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT............'...................... ..x . cr pp r E. LONG TERM DISABILITY INSURANCE .............................................. ................................, 12 F. MISCELLANEOUS.........................................................................::..'. .............. 12 sp 1. City Paid Premiums While on Medical Disability ................................. .................�;................. 12 2. Insurance and Benefits Advisory Committee............................................................................12 3. Health Plan Over-Payments.........................................................................................................12 a. Reduction of Employee's Bi-Weekly Salary Warrant............................................................13 b. Notice of Ineligible Dependents.............................................................................................13 c. Twelve Month Recovery Period..............................................................................................13 ARTICLE X LEAVE BENEFITS...........................................................................................13 A. GENERAL LEAVE...................................................................................................................... 13 1. Accrual............................................................................................................................................13 2. Eligibility and Approval..............................._..................................................................................14 3. Conversion to Cash........................................................................................................................14 Q 1. 2. 3. 4. 5. SICKLEAVE........................................................................................................ Accrual.................................................................................................................. Credit..................................................................................................................... Usage..................................................................................................................... FamilySick Leave.............................................................._.................................. PayOff At Termination........................................................................................ C. BEREAVEMENT LEAVE................................................................................................................ 17 ARTICLE XI e CITY RULES...............................................................................................17 FMA MOU FINAL 20068-200812 MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS ARTICLE XII - MISCELLANEOUS....................................................................................17 A. VEHICLE POLICY...................................................................................................................... 17 B. DEFERRED COMPENSATION LOAN PROGRAM............................................................................ 18 C. ASSOCIATION BUSINESS............................................................................................................ 18 D. MODIFIED RETURN TO WORK POLICY........................................................................................ 18 E.. CONTROLLED SUBSTANCE AND ALCOHOL TESTING..................................................................... 18 F. GRIEVANCE HEARING OFFICER FEES......................................................................................... 18 G. EMPLOYER -EMPLOYEE RELATIONS RESOLUTION........................................................................... 19 ARTICLE XIII - CITY COUNCIL APPROVAL...................................................................20 EXHIBIT A - SALARY SCHEDULE....................................................................................21 EXHIBIT B - SERVICE CREDIT SUBSIDY..........................................................................23 EXHIBIT C - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM.................27 ( v, FMA MOU FINAL 20068-200912 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON REACH, CALIFORNIA (Herein Called CITY) AND THE HUNTINGTON REACH FIRE MANAGEMENT ASSOCIATION (Hereinafter Called ASSOCIATION) [1:14MV-111l WHEREAS, the City of Huntington Beach and the Huntington Beach Fire Management Association (FMA) 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 (MOU) shall not change existing terms and conditions of employment, which have been established for the classifications represented by the Huntington Beach Fire Management Association. NOW THEREFORE, this Memorandum of Understanding is ,made to- ,,.become d effective -July 1, 200,68, and it is agreed as follows: 6 NAAL� u t ARTICLE I ® TERM OF MOU'�, This Agreement shall be in effect for a period of forty-eight (48) months commencing July 1, 20068 and expiring on June 30, 200812. 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. ARTICLE III ® SEVERARILITY 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 affect the validity of the remaining portions of this resolution or its application to other persons. The City Council FMA MOU FINAL 20068-200812 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 - MANAGEMENT RIGHTS The City and the Fire Chief retain all rights, powers and authority to manage and direct the performance of fire services and the workforce, except as modified by the Memorandum of Understanding. The parties agree that the City has the right to unilaterally make decisions on all matter that are outside the scope of bargaining. Such matters include, but are not limited to, consideration of the merits, necessity, level or organization of fire services, staffing requirements, extra duty assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, reasonable work and safety rules and regulations. ARTICLE V - SALARY SCHEDULES AND RETIREMENT' A. Monthly Compensation Employees shall be compensated at hourly rates by job code and pay grade 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. B. Wage Increases Effective with the pay period that includes July 1, 2003; all unit employees shall receive a seven percent (7%) gage increase; Effective the pay period that includes January 1, 2009, Battalion Chiefs shall receive a five and one-half percent (5.50%) wage increase. Effective the pay period that includes January 1, 2009, Division Chiefs shall receive a four percent (4%) wage increase. Effective the pay period that includes July 1, 2009, Battalion Chiefs shall receive a three and one -quarter percent (3.25%) wage increase. Effective the pay period that includes July 1, 2009, Division Chiefs shall receive a three percent (3%) wage increase. -2- FMA MOU FINAL 20068-200612 FIDE MANAGEMENT ASSOCIATION Effective with the pay period that includes January 1, 2010; all unit employees shall receive a two percent (2%) wage increase; Effective with the pay period that includes July 1, 2010; all unit employees shall receive a two percent (2%) wage increase; Effective with the pay period that includes January 1, 2011; all unit employees shall receive a two percent (2%) wage increase; Effective with the pay period that includes July 1, 2011; all unit employees shall receive a two percent (2%) wage increase; Effective with the pay period that includes January�fJls �a0'12; all unit employees shall receive a two percent (2%) wage increase; !��' `; kk w 1 C. California Public Employees' Retirement System (CaIPERS) Pick-up Each employee covered by this Agreement shall be reimbursed bi-weekly in an amount equal to 9% of the employee's base salary and applicable special pay as a pickup of the employee's contribution, or portion of such contribution, to the CaIPERS. The above CalPERS pickup is not base salary, but is done pursuant to Section 414(h) (2) of the Internal Revenue Code. Upon adoption of the 2000-2003 Huntington Beach Fire Management Association Memorandum of Understanding, the City amended its contract with PIERS and implemented the "A at age 50" retirement formula set forth in California Government Code Section 21362.2 for all safety employees represented by the Association. Effective July 1, 2007, the amount of employer -paid member contributions to which each employee is reimbursed pursuant to the first paragraph of this Article IIIC shall be reduced by a percentage equal to one-half of the percentage of compensation earnable the City is required to pay in retirement contributions to PERS, not to exceed 2.25%. For example, if the City is required to contribute an amount equal to 2% of each employee's "compensation earnable," the amount of the reimbursement set forth in the first paragraph of this Article IIIC shall be reduced from 9% of the employee's compensation earnable to 8% of the employee's compensation earnable. If, on the other hand, the City is -3- FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION required to make employer contributions to PERS equal to 8% of each employee's compensation earnable, the amount of the employer -paid member contributions reimbursement set forth in the first paragraph of this Article IIIC shall be reduced to 6.75% of the employee's compensation earnable. D. 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 an employee elects Option #2 (Section 21456) or Option #3 (Section 21457) of the Public Employees' Retirement Law, the City shall pay the difference between such elected option and the unmodified allowance which the employee would have received for his/her life alone. This payment shall be made only to the employee, shall be payable by the City during the life of the employee, and upon that employee'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 that the allowance is payable to the employee until his/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 note be eligible for,��� this benefit. E. Medical Insurance Upon Retirement h As required by the Government Code, while the City is contracted with CalPERS to participate in the Public Employees' Medical and Hospital Care Act (PEMHCA) program, retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. CalPERS shall be the sole determiner of eligibility for retiree (annuitant) to participate in the PEMHCA program. The City's requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the Association and the City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance. -4- FMA MOU FINAL 20068-200812 FIRE: MANAGEMENT ASSOCIATION In the event that the City terminates its participation in the PEMHCA program, the retiree medical subsidy program in place in Resolution No. 2002-120 Exhibit B to the Memorandum of Understanding shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. F. CalPERS Additional Benefits The City shall provide all safety employees with the retirement program commonly known and described as the "3% at age 50 plan" which is based on the retirement formula as set forth in the CalPERS, Section 21362.2 of the California Government Code, including the one-half continuance option (Government Code Sections 21263 and 21263.1) for safety employees and the Fourth Level of the 1959 survivor option for all employees as established by the CalPERS, Section 21382 of the California Government Code. 2. The City shall continue to contract with CalPERS to have retirement benefits calculated based upon the employee's highest one year's compensation, pursuant to the provisions of Section 20042 (highest single year). 3. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU. 4. Employees shall be covered by the Pre -Retirement Optional Settlement 2 Death Benefit as provided in Government Code Section 21548 G. Direct Deposit All unit employees shall be required to utilize direct, deposit of payroll _ checks. ARTICLE VI -ADDITIONAL MANAGEMENT BENEFITS A. Educational Tuition 1. Upon approval of the Fire Chief and the Human Resources Director employees may be compensated for courses from accredited educational institutions. Tuition reimbursement shall be limited to job related courses or job related educational degree objectives and -5- FIVIA MOU FINAL 20068-200612 FIRE MANAGEMENT ASSOCIATION requires prior approval by the Fire Chief and the Human Resources Director. 2. Education costs shall be reimbursed to employees on the basis of a full refund for tuition, books, parking (if a required fee) and any other required fees upon presentation of receipts. However, the maximum reimbursement shall be not more than one thousand five hundred dollars ($1,500) in any fiscal year period. 3. Reimbursements shall be made when the employee presents proof to the Human Resources Director that he/she has successfully completed the course with a grade of "C" or better; or a "Pass" if taken for credit. B. Holiday Pay -In -Lieu Employees shall be compensated by the City in lieu of the ten (10) listed holidays at the rate of 3.0768 hours multiplied by the employee's hourly rate set forth in Exhibit A, payable each and every pay period. The following are the recognized legal holidays under this MOU: l . New Year's Day (January 1) 2. Martin Luther King's Birthday (third Monday in January) 3. President's Day (third Monday in February) yA tg t=r 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September)' f$ a r a} 7. Veteran's Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. Friday after Thanksgiving 10. Christmas Day (December 25) Any day declared by the President of the United States to be a national holiday, or by the Governor of the State of California to be a state holiday, and adopted as an employee holiday by the City Council of Huntington Beach. Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. -6- FMA MOU FINAL 20068-200812 FIRE: MANAGEMENT ASSOCIATION 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 additional pay. Subject to State Law and Regulations, compensation paid as a result of Article V.B. shall be reportable to PERS as compensation earnable. C. Bilin-gual Skill Pay Employees who are qualified to use Spanish, Vietnamese, or Sign Language skills shall be paid an additional five -percent (5%) of their hourly rate in addition to their regular bi-weekly salary. Employees may accept assignments utilizing bilingual skills in other languages on a short-term assignment with approval by the Fire Chief and City Administrator or designee. Such employees shall receive the additional five percent (5%) of their hourly rate for every bi-weekly pay period that the assignment is in effect. In order to be qualified for said compensation, employee's language proficiency will be tested and certified by the Human Resources Director or designee. Bilingual Skill Pay shall be effective the first full pay period following certification as verified to the Fire Chief in writing by the Human Resources Director or designee. D. Professional Achievement Award The City supports employee participation in the United States Fire Administration Executive Fire Officer Program (EFOP). The City will provide each participating employee, upon EFOP program acceptance, full payment of each rewired program course, time to attend the course for each required program year, and travel expense to attend the required course for each program year. Upon presenting a certificate of completion from the United States Fire Administration's National Fire Academy for the Executive Fire Officer Program to the Human Resources Director, the employee will receive a one-time lump sum award of two thousand five hundred ($2,500) dollars. The award shall be subject to all applicable state and federal taxes. ARTICLE VII ® UNIFORMS The City agrees to provide uniforms to employees on active duty who are required to wear uniforms. For each eligible employee, the City will report to the CalPERS the average annual cost of uniforms provided by the City as special compensation in accordance with Title 2, CaliforniaC�o�de of; Regulations, r d < 7 z a €.` FMA MOU FINAL 20068-200812 rw I t , F FIRE: MANAGEMENT ASSOCIATION Section 571(a)(5). For employees who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. ARTICLE VIII - WORK SCHEDULE/COMPENSATORY PAY/TIME OFF A. Work Schedule Employees assigned to suppression assignments shall work an average of fifty-six (56) hours per week pursuant to the current schedule of five (5) twenty-four (24) hour shifts in a fifteen (15) day period with six (6) consecutive days off. Total hours worked in a calendar year will equal two thousand nine hundred and twelve (2912) hours. Employees 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. Total hours worked in a calendar year will equal two thousand eighty (2080) hours. �+ B. Compensatory Pay �9. 1. Prior approval to earn compensatory time All employees must gain approval from Fire Chief in advance of accruing compensatory time. For approved compensatory time, employees 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. 2. Prior approval to work any hours in addition to regular schedule Battalion Chiefs must gain approval to work any hours that are in addition to their regular schedule in advance from a Division Chief. Division Chiefs must gain approval to work to work any hours that are in addition to their regular schedule in advance from the Fire Chief. Employees shall work thirty-five (35) hours that are in addition to their regular schedule 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. Description of Compensatory Pay Benefits FNIA MOU FINAL. 20068-200812 FIRE MANAGEMENT ASSOCIATION a. Compensatory pay is paid at the forty (40) hour hourly rate for each hour. b. Compensatory time earned can be converted to cash at the employee's forty (40) hour hourly rate. c. Maximum accrual shall be one hundred sixty (160) hours. ARTICLE IX- HEALTH AND OTHER INSURANCE BENEFITS A. Health The City shall continue to make available group medical, dental and vision benefits to all association employees. A copy of the medical, dental and vision plan brochures may be obtained from the Human Resources Office. 1. Effective Date of Coverage An employee and eligible dependent(s) shall become eligible to participate in the City's health insurance plans described herein. Effective the first of the month following the employee's date of hire, any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates from employment. All employee contributions shall be deducted on a pre-tax basis. 2. California Public Employees' Retirement System (CaIPERS) Public Employees' Medical and Hospital Care Act (PEMHCA) The City presently contracts with CaIPERS to provide medical coverage. The City is required under CaIPERS PEMHCA to make a contribution to retiree medical premiums. A retiree's right to receive a City contribution,. and the City's obligation to make payment on behalf of retirees, shall only exist as long as the City contracts with CaIPERS for medical insurance, except as provided in Article VIII(4)(b). In addition, while the City is in CaIPERS, its obligations to make payments on behalf of, retirees shall -,be limited to the minimum payment required by law. a. PEMHCA Employer Contributionskl, ,�'�� s The City shall contribute on behalf of each employee the mandated minimum sum per month toward the payment of premiums for medical -9- FMA MOU FINAL 20068-200692 FIDE MANAGEMENT ASSOCIATION insurance under the PEMHCA program. As the mandated minimum is increased, the City shall make the appropriate adjustments by decreasing its flex benefits contribution accordingly as defined in the following sub -section. b. Maximum Employer Contributions For the term of this agreement, the City's maximum monthly employer contribution for each employee's health and other insurance premiums are set forth as follows: Effective with the first health insurance deduction following City Council ratification of this agreement, the City contribution shall be the sum of the participating Orange County Blue Shield HMO PEMHCA Plan plus the Vision Service Plan (VSP) vision premiums for each of the following categories: ' .yea • ;lx1 s`,;�.� F,.. ak...� �:, �.�i a. Employee only ("EE") b. Employee + one dependent ("EE +l 0 c. Employee + two or more dependents ("EE +219) The maximum City contribution shall be based on the employee's enrollment in each plan. The parties agree that the mandated minimum PEMHCA contribution referenced above in paragraph 2a is included in the sums stated above in this sub- section. If the employee enrolls in a plan wherein the costs exceed the City contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions. ii. EffeG i'rte iGRUGFY 1,2008,the City GGn+rihi ifiGn in eGGh GGfeger i j Ill iRGFeGSe M GR GPRG inf o I f) the i� RGFe S in premii ims fGr the PIGRs desGFibed eve in S ihr,r-FGgFGph (i)net fe exceed-i0%-0 GGRfFibutienrfer 2007. AnynGre Scar prepre i ms `��e- i 'c peFGenf (10!%) Genfrib ifOGR Gnn ' " u' 7 "' ' f" "Tc�crrr,-ro'7 o�c�orrrrrr� o�ro�rrccrr.• will be the espeprihility of the emn, eyee. ii. Effective January 1, 2009, the City contribution in each category shall increase in an amount equal to the increase in premiums for the plans described above in Subparagraph (i), not to exceed 6.5% of the City's contribution for 2008. Any increase in premiums above the City's six and one-half percent (6.5%) contribution cap will be the responsibility of the employee. -10- FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION iii. Effective January 1, 2010, the City contribution in each category shall increase in an amount equal to the increase in premiums for the plans described above in Subparagraph (i), not to exceed 6% of the City's contribution for 2009. Any increase in premiums above the City's six percent (6%) contribution cap will be the responsibility of the employee. iv. Effective January 1, 2011, the City contribution in each category shall increase in an amount equal to the increase in premiums for the plans described above in Subparagraph (i), not to exceed 7% of the City's contribution for 2010. Any increase in premiums above the City's seven percent (7%) contribution cap will be the responsibility of the employee. V. Effective January 1, 2012, the City contribution in each category shall increase in an amount equal to the increase in premiums for the plans described above in not to exceed 10% of the City's Subparagraph (i), y contribution for 2011. Any increase in premiums above F v the City's ten percent (10%) contribution cap will be the responsibility of the employee. 3. Dental Insurance The annual maximum benefit for the Delta Dental PPO plan is $2000. a. Effective with the first health insurance deduction following City Council ratification of this agreement, the maximum City contribution shall be equivalent to the premium for the Delta Dental PPO plan based on the employee's enrollment of employee only ("EE"), employee plus one dependent ("EE+1 ") or employee plus two or more dependents ("EE+2"). -11- FIVIA MOU FINAL 20068-200912 FIRE MANAGEMENT ASSOCIATION b. Effective January 1, 2009, the City contribution shall increase in an amount equal to the increase in premiums for the Delta Dental PPO plan, not to exceed 5% of the City's contribution for 2008 Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. c. Effective January 1, 2010, the City contribution shall increase in an amount equal to the increase in premiums for the Delta Dental PPO plan, not to exceed 5% of the City's contribution for 2009 Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. 4.- d. Effective January 1, 2011, the City contribution shall increase in an amount equal to the increase in premiums for the Delta Dental PPO plan, not to exceed 5% of the City's contribution for 2010 Any mks ` increase in premiums above the City's five percent (5%) Fri contribution cap will be the responsibility of the employee. e. Effective January 1, 2012, the City contribution shall increase in an amount equal to the increase in premiums for the Delta Dental PPO plan, not to exceed 5% of the City's contribution for 2011 Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. 4. Retiree (Annuitant) Coverage As required by the Government Code retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. The City's requirement to provide retirees and/or annuitants medical coverage is solely governed by the Government Code requirement to extend this benefit to retirees (annuitants). While the City is contracted with CalPERS to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. a. City Contribution (Unequal Contribution Method) for Retirees As allowed by the Government Code and the CalPERS Board, and requested by the Association, the City shall use the Unequal Contribution Method to make the mandated minimum allowable City contribution on behalf of each retiree or annuitant. -12- FIVIA MOU FINAL 200668-200812 FIRE MANAGEMENT ASSOCIATION b. Termination of Participation in the CaLPERS PEMHCA program - Impact to Retirees The City's requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the Association and the City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the City terminates its participation in the PEMHCA program, the retiree medical subsidy program in place per Resolution No. 2002-120, Exhibit B, to the Memorandum of Understanding shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. 5. Additional Costs for Participation in the PEMHCA Program a. Retiree and/or Annuitant Coverage The Association shall pay to the City an amount equal to $1.00 per month for each additional retiree and/or annuitant in the bargaining unit who elects to participate in the PEMHCA plan but is not participating in the City sponsored retiree medical program as of the beginning of a pay period after the PEMHCA program is in f f place. �j Each January 1 st the amount per month paid to the City for each retiree and/or annuitant described above shall increase by the amount PEMHCA requires the City to pay on behalf of each retiree (annuitant). Article VIII (A) (4) (a) above provides an example of expected payments per retiree or annuitant per month. In the event of passage of state legislation, judicial rulings, or CaIPERS board actions that increases the mandatory minimum monthly contribution for retirees (annuitants), the Association shall pay an equal amount to the City. Payments shall be made the first of the month (following implementation). If the Association fails to make timely payments -13- FI1AA NIOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION for two consecutive months, the City shall implement a decrease in the supplemental benefit contribution to health insurance for each unit employee by an amount equal to the total increased cost paid by the City. (For example, if the increased cost for retirees equals $6,000 per year, the monthly supplemental benefit for each --, employee will be decreased as follows: $6,000 divided by twelve (months) = $500, which is then divided by the number of employees receiving supplemental benefits). rx b. Termination Clause The City and Association may each request termination of the City's �[ contract with CalPERS after the announcement of state legislation, judicial rulings, or a CalPERS board action that changes the employer's contribution, insurance premiums or program changes to the CalPERS medical plan. The City and Association may elect to terminate its participation in the CalPERS PEMHCA program by mutual agreement through the meet and confer process between the Association and the City. 6. Medical Cash -Out If an employee is covered by a medical program outside of a City - provided program (evidence of which must be supplied to the Human Resource Office), they may elect to discontinue City medical coverage and receive ninety two dollars and thirty-one cents ($92.31) bi-weekly. An employee may also elect to discontinue vision coverage. The employee premium paid for vision coverage will be applied toward medical premium. B. Section 125 Employee Plan The City shall provide an Internal Revenue Code Section 125 employee plan that allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or medical expenses as determined by the Internal Revenue Code. C. Post Retirement Medical Savings Plan The Association may request to reopen this agreement during its term to implement an employee funded, post -retirement medical savings plan, similar to one previously established by the Huntington Beach Police Officers' -14- FIVIA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION Association (POA) and the Huntington Beach Police Management Association (PMA), at no cost to the City. D. Life and Accidental Death and Dismemberment Each employee shall be provided with $50,000 (fifty thousand) life insurance and $50,000 (fifty thousand) accidental death and dismemberment insurance paid for by the City. Each employee shall have the option, at his/her own expense, to purchase additional amounts of life insurance and accidental death and dismemberment insurance to the extent provided by the City's current providers. Evidence of insurability is contingent upon total participation in additional amounts. E. Lona 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, general leave, 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% (sixty six and two -third percent) of the first $12,500 (twelve =' thousand five hundred) of the employee's basic monthly earnings. The maximum benefit period for disability due to accident or sickness shall be to age 65 (sixty-five). Days and months refer to calendar days and months. Benefits under the Social Security plan are integrated with sick leave, Worker's Compensation, y f 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 Q.G regular occupation during two years, and thereafter the inability to engage t 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 benefit continues plan payment for three (3) months beyond death. A copy of the plan is on file in the Human Resources office. F. Miscellaneous 1. City Paid Premiums While on Medical Disability -15- FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION 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 and Benefits Advisory Committee The City and the Association participate in a City-wide joint labor and management insurance and benefits advisory committee to discuss and study issues relating to insurance benefits available for employees. 3. Health Plan Over -Payments Unit employees shall be responsible for accurately reporting the removal of ineligible dependents from health plan coverage. The City shall have the right to recover any premium paid by the City, on behalf of ineligible dependents. Recovery of such over -payments shall be made as follows: a. Reduction of Employee's Bi-Weekly Salary Warrant The employee's bi-weekly salary warrant shall be reduced by one- half (1 /2) of the amount of the bi-weekly over -payment. 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 employees of their obligation to report changes in the status of dependents, r 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. -16- FIVIA MOU FINAL 20068-200612 FIRE MANAGEMENT ASSOCIATION ARTICLE X - LEAVE BENEFITS A. General Leave f., fr 1. Accrual Employees accrue General Leave at the accrual rates outlined below. General Leave may be used for any purpose, including vacation, sick leave and personal leave. Employees shall accrue General Leave at their appropriate assigned work schedule rate, either forty (40) hour or fifty six (56) hour workweek. In the event of a change in work schedules, which must be at the beginning of a pay period, payroll shall change the accrued General Leave balance and accrual rate based on the new schedule using the conversion factor of .7143. Personnel who change from a fifty-six (56) hour schedule to a forty (40) hour schedule shall multiply the existing General Leave by .7143. Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing General Leave by .7143. Years of Service General Leave Accrual 40-Hour Rate General Leave Accrual 56-Hour Rate First through Fourth Year 176 Hours 246.4 Hours Fifth through Ninth Year 200 Hours 280.0 Hours Tenth through Fourteenth Year 224 Hours 313.6 Hours Fifteenth Year and Thereafter 256 Hours 358.4 Hours 2. Eligibility and Approval General Leave must be pre -approved; except for illness, injury or family sickness, which may require a physician's statement for approval. Accrued General Leave may not be taken prior to six (6) months' service except for illness, injury or family sickness. General Leave accrued time is to be computed from hiring date anniversary. Employees shall not be permitted to take General Leave in excess of actual time earned. Employees on a forty (40) hour schedule shall not accrue General Leave in excess of six hundred forty (640) hours; fifty six (56)-hour employees shall not accrue General Leave in excess of eight hundred and ninety six (896) hours. -17- FMA MOU FINAL 20068-200612 FIRE MANAGEMENT ASSOCIATION General Leave accumulated in excess of six hundred forty (640) hours for forty (40) hour schedule employees and General Leave accumulated in excess of eight hundred and ninety six (896) hours for fifty-six (36) hour employees shall be paid at the base hourly rate of pay, on the first pay day following such accumulation. Employees may not use their General Leave to advance their separation date on retirement or other separation from employment. 3. Conversion to Cash Twice Gee -during each fiscal year, each employee shall have the option to convert into a cash payment 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. B. Sick Leave 1. Accrual No employee shall accrue sick leave. 2. Credit All t�t P r, 1 Employees assigned to FMA shall carry forward their sick leave balance and shall no longer accrue sick leave credit. 3. Usage Employees may use accrued sick leave for the same purposes for which it was used prior to the employee's assignment to FMA. 4. Family Sick Leave The City will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law. Rights and obligations are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). 18- FMA MOU FINAL 20068-200612 FIRE MANAGEMENT ASSOCIATION 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 industrial or non -industrial 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 seven hundred twenty (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 current forty (40) hour equivalent rate of pay for fifty percent (50%) of all unused, accumulated sick leave. ... ,;_ The maximum number of hours paid off at termination will be a " total of seven hundred twenty (720) hours. Example: Employee has one thousand nine hundred twenty (1920) hours of accrued sick leave. 1920 hours X 50% = 960 hours. Maximum pay off is seven hundred twenty (720) hours. Pay off = 720 hours r_ X employee's current forty (40) hour equivalent pay rate. 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 forty (40) hour equivalent rate, for twenty-five percent (25%) of unused, earned sick leave to four hundred eighty (480) hours accrued, and for thirty-five percent (35%) of all unused, earned sick leave in excess of four hundred eighty (480) hours, but not to exceed seven hundred twenty (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 seven hundred twenty (720) hours of unused, accumulated sick leave. However, employees sm FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION 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 seven hundred twenty (720) hours as of July 5, 1980, shall be compensated for such excess sick leave remaining on termination under the formulas described in paragraphs a and b 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 seven hundred twenty (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 seven hundred twenty (720) hours is utilized, the maximum compensable amount shall be correspondingly reduced. Sao = (Example: Employee had one thousand (1,000) hours accumulated. Six months after July 5, 1980, employee has accumulated another forty eight (48) hours. Employee is then sick for one hundred (120) hours. Employee's maximum sick leave "cap" for compensation at termination is now reduced by seventy two (72) hours to nine hundred twenty-eight (928) hours. C. Bereavement Leave Employees shall be entitled to Bereavement Leave not to exceed thirty (30) work hours in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, registered domestic partner, children, grandfather, grandmother, stepfather, stepmother, step grandfather, step grandmother, grandchildren, stepsisters, stepbrothers, mother-in-law, father-in-law, Bon- in -law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the employee is the legal guardian. Employees assigned to the fifty-six (56) hour work week for suppression assignments shall be entitled to Bereavement Leave not to exceed forty- eight (48) work hours in each instance of death in the immediate family, as defined above. -20- FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION ARTICLE XI - CITY RULES The City's Personnel Rules are incorporated into this Agreement by reference as though set forth in full. All City Personnel Rules shall apply to Association members, however, to the extent this MOU modifies the City's Personnel rules, the Personnel Rules as modified will apply to Association members. ARTICLE XII -- MISCELLANEOUS A. Vehicle Policv 1. Approval is required by the City Administrator or his/her designee for any City vehicle to be taken home by an employee. 2. The auto allowance for qualifying employees shall be one hundred sixty-one dollars and fifty-three cents ($161.53) bi-weekly. 3. The monthly automobile allowance shall not be reduced during the term of this agreement. 4. Eligibility for automobile allowance and the use of City vehicles shall be determined in accordance with the Administrative Regulation, Vehicle Use Policy and the City's Fleet Management Program. 5. Only employees that reside within thirty five (35) miles of the City's limits may be assigned a City vehicle. Employees that are assigned a City vehicle and who are assigned a cell phone/pager for immediate call out shall be allowed to use the assigned vehicle for personal use within the City limits and/or within ten (10) miles of the employee's residence. B. Deferred Compensation Loan Program Employees may borrow up to fifty percent (50%) of their deferred compensation funds for critical needs such as medical costs, college tuition, or purchase of a home, pursuant to program standards and regulations.' \f\ �t rW C. Association Business _ -21- FMA MOU FINAL 20068-200912 FIRE MANAGEMENT ASSOCIATION An allowance of fifty (50) hours per year shall be established for the purpose of allowing authorized representatives of the Association to represent employees in their employment relations. D. Modified Return To Work Policy The City and Association agree to meet and confer during the term of this agreement to establish a modified return to work policy for employees who experience an industrial or non -industrial injury or illness. E. Controlled Substance and Alcohol Testing The City maintains the right to conduct a controlled substance and/or alcohol test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace. F. Grievance Hearing Officer Fees The City and Association agree that for any personnel matter, pursuant to Personnel Rules 19 and 20, whereby a hearing officer is mutually agreed upon to render an opinion, the hearing officer costs shall be shared equally by the City and Association. G. Employer -Employee Relations Resolution During the term of this agreement, the City and the Association agree to meet and confer to update the Employer Employee Relations Resolution to reflect current state law. -22- FNIA MOU FINAL 20068-200812 FIRE: MANAGEMENT ASSOCIATION ARTICLE X111 - 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 , 20087. CITY OF HUNTINGTON BEACH City Administrator Paul EmeryBeb-HGti Deputy City Administrator ichele Carr CORiE)Y HI iFnGR ReSE)1 FG9S ARGIySt®!rector of Human Resources J19pnifter' G4RgPM^Roshua Brooks Senior Administrative Analyst Michael VlgliotaReR6e ;Re Deputy City AttorneyC 44&f NegGtiGtGF HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION Robert Brown FMA President William H. Reardon FMA Vice -President David McBride FMA Representative -23- FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION APPROVED AS TO FORM: Jennifer McGrath City Attorney -24- FMA MOU FINAL 200668-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT A - SALARY SCHEDULE MOM job Cede - r-laSsi#icafinn fty Range STEP A 6 c S 00,n $4843 002-6 6" 2 } $6047 $43-40 .. - - - .. -. .. -•- O - - - - - 25 - tj FMA MOU FINAL 20068-200612 FIRE MANAGEMENT ASSOCIATION EXHIBIT A - SALARY SCHEDULE VA � V VA i 1 1 T 77V "ku]W Mm M Job co" clossifocato P-Gy ROFige STE-P A a c 0 E 003-1 $55--" $584-} $44-.62 002-6 Firt-a -D*v6q.0n-n C-IfM wow - Nee -26- FIVIA MOU FINAL 20068-200912 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 7.0% Effective ,Duly 1, 2008 (Monthly Rate) Job Code Classification Range A B C D IE 0031 Fire Battalion Chief 640* $ 9,225.58 9,732.99 $10,268.31 $10,833.07 $11,428.88 0026 Fire Division Chief 672* $10,824.85 $11,420.22 $12,048.33 $12,710.98 $13,408.73 7.0% Effective July 1, 2008 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 640* $ 53.22 $ 56.15 $ 59.24 $ 62.50 $ 65.94 0026 Fire Division Chief 672* $ 62.45 $ 65.89 $ 69.51 $ 73.33 $ 77.36 7.0% Effective July 1, 2008 (56 Hour Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 640* $ 38.02 $ 40.11 $ 42.31 $ 44.64 $ 47.10 0026 Fire Division Chief 672* $ 44.61 $ 47.06 $ 49.65 $ 52.38 $ 55.26 *modified universal salary schedule range - 27 FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE Effective January 1, 2009 5.5% Fire Battalion Chief - 4.0% Fire Division Chief (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 651* $ 9,732.99 $10,268.30 $10,833.07 $11,428.88 $12,057.47 0026 Fire Division Chief 680* $11,257.84 $11,877.03 $12,530.26 $13,219.42 $13,945.08 Effective January 1, 2009 5.5% Fire Battalion Chief - 4.0% Fire Division Chief (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 651* $ 56.15 $ 59.24 $ 62.50 $ 65.94 $ 69.56 0026 1 Fire Division Chief 680* $ 64.95 1 $ 68.52 1 $ 72.29 $ 76.27 $ 80.46 Effective January 1, 2009 6.5% Fire Battalion Chief - 4.0% Fire Division Chief (56 Hour Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 651* $ 40.11 $ 42.31 $ 44.64 $ 47.10 $ 49.69 0026 Fire Division Chief 680* $ 46.39 $ 48.94 $ 51.64 $ 54.48 $ 57.47 *modified universal salary schedule range - 28 - FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE Effective .Duly 1, 2009 3.25% Fire Battalion Chief - 3.0% Fire Division Chief (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 657* $10,049.31 $10,602.02 $11,185.14 $11,800.32 $12,449.34 0026 Fire Division Chief 1 686* 1 $11,595.58 $12,233.34 1 $12,906.17 $13,616.00 $14,363.43 Effective July 1, 2009 3.25% Fire Battalion Chief - 3.0% Fire Division Chief (40 Hour Rate) Job Code Classification (Range A B C D E 0031 Fire Battalion Chief 657* $ 57.98 $ 61.17 $ 64.53 $ 68.08 $ 71.82 0026 Fire Division Chief 1 686* 1 $ 66.90 1 $ 70.58 1 $ 74.46 1 $ 78.55 1 $ 82.87 Effective July 1, 2009 3.25% Fire Battalion Chief - 3.0% Fire Division Chief (56 Hour Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 657* $ 41.41 $ 43.69 $ 46.09 $ 48.63 $ 51.30 0026 Fire Division Chief 686* $ 47.78 $ 50.41 $ 53.18 1 $ 56.11 1 $ 59.19 *modified universal salary schedule range - 29 - FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 2.0% Effective January 1, 2010 (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 661* $10,250.30 $10,814.06 $11,408.84 $12,036.33 $12,698.33 0026 Fire Division Chief 690* $11,827.49 $12,478.00 $13,164.29 $13,888.32 $14,650.70 2.0% Effective January 1, 2010 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 661* $ 59.14 $ 62.39 $ 65.82 $ 69.44 $ 73.26 0026 1 Fire Division Chief 690* $ 68.24 $ 71.99 $ 75.95 $ 80.12 $ 84.52 2.0% Effective January 1, 2010 (56 Hour Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 661* $ 42.24 $ 44.56 $ 47.01 $ 49.60 $ 52.33 0026 1 Fire Division Chief 690* $ 48.74 $ 51.42 $ 54.25 $ 57.23 $ 60.37 *modified universal salary schedule range - 30 M FIIAA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 2.0% Effective July 1, 2010 (Monthly Rage) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 665* $10,455.30 $11,030.34 $11,637.02 $12,277.06 $12,952.29 0026 1 Fire Division Chief 694* 1 $12,064.04 $12,727.56 $13,427.58 $14,166.09 1 $14,943.71 2.0% Effective July 1, 2010 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 665* $ 60.32 $ 63.64 $ 67.14 $ 70.83 $ 74.72 0026 1 Fire Division Chief 694* 1 $ 69.60 1 $ 73.43 1 $ 77.47 1 $ 81.73 1 $ 86.21 2.0% Effective July 1, 2010 (56 Hour Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 665* $ 43.09 $ 45.45 $ 47.95 $ 50.59 $ 53.37 0026 Fire Division Chief 694* $ 49.71 $ 52.45 $ 55.33 $ 58.38 $ 61.58 *modified universal salary schedule range -31 - FIVIA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 2.0% Effective January 1, 2011 (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 669* $10,664.41 $11,250.95 $11,869.76 $12,522.60 $13,211.34 0026 Fire Division Chief 698* $12,306.32 $12,982.11 $13,696.13 $14,449.41 1 $15,242.58 2.0% Effective January 1, 2011 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 669* $ 61.53 $ 64.91 $ 68.48 $ 72.25 $ 76.22 0026 Fire Division Chief 698* $ 70.99 $ 74.90 $ 79.02 $ 83.36 $ 87.94 2.0% Effective January 1, 2011 (56 Hour Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 669* $ 43.95 $ 46.36 $ 48.91 $ 51.60 $ 54.44 0026 Fire Division Chief 698* $ 50.71 $ 53.50 1 $ 56.44 1 $ 59.54 $ 62.81 *modified universal salary schedule range +1;+ � � / '• i�� i / /�"�� ' ram'' ��,.T-`�;'.�4 ��J � f �l 117 -32- FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 2.0% Effective July 1, 2011 (Monthly Rate) Job Code Classification flange A B C D E 0031 Fire Battalion Chief 673* $10,877.70 $11,475.97 $12,107.16 $12,773.05 $13,475.57 0026 Fire Division Chief 702* $12,551.43 $13,241.76 $13,970.05 $14,738.40 $15,547.44 2.0% Effective July 1, 2011 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 673* $ 62.76 $ 66.21 $ 69.85 $ 73.69 $ 77.74 0026 Fire Division Chief 702* 1 $ 72.41 1 $ 76.39 $ 80.60 $ 85.03 $ 89.70 2.0% Effective July 1, 2011 (56 Hour Rate) Job Classification Range 112A 112B 112C 112D 112E Code 0031 Fire Battalion Chief 673* $ 44.83 $ 47.29 $ 49.89 $ 52.64 $ 55.53 0026 Fire Division Chief 702* $ 51.72 $ 54.57 $ 57.57 $ 60.74 $ 64.07 *modified universal salary schedule range j t =u - 33 - FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 2.0% Effective January 1, 2012 (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 677* $11,095.25 $11,705.49 $12,349.30 $13,028.51 $13,745.08 0026 Fire Division Chief 708* 1 $12,802.45 $13,506.59 1 $14,249.45 1 $15,033.17 1 $15,858.38 2.0% Effective January 1, 2012 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 677* $ 64.01 $ 67.53 $ 71.25 $ 75.16 $ 79.30 0026 Fire Division Chief 708* $ 73.86 $ 77.92 $ 82.21 $ 86.73 $ 91.49 2.0% Effective January 1, 2012 (56 Hour Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 677* $ 45.72 $ 48.24 $ 50.89 $ 53.69 $ 56.64 0026 1 Fire Division Chief 708* 1 $ 52.76 $ 55.66 $ 58.72 $ 61.95 $ 65.35 *modified universal salary schedule range -34- FMA MOU FINAL 20068-200612 FIRE MANAGEMENT ASSOCIATION EXHIBIT B - SERVICE CREDIT SUBSIDY An employee who has retired from the City and meets the plan participation requirements shall receive a monthly Service Credit Subsidy to reimburse the retiree for the payment of qualified medical expenses incurred for the purchase of medical insurance. Plan Participation Requirements 1. At the time of retirement the employee has a minimum of ten (10) years of continuous regular (permanent) City service or is granted an industrial disability retirement; and 2. At the time of retirement, the employee is employed by the City; and 3. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees' Retirement System (CaIPERS). The City's obligation to pay the Service Credit Subsidy as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: a. On the first of the month in which a retiree or dependent reaches age sixty five (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 Service Credit Subsidy may be adjusted downward or eliminated. b. In the event of the death of an eligible employee, whether retired or not, the amount of the Service Credit Subsidy benefit which the deceased employee was eligible for at the time of his/her death, shall be paid to the surviving spouse or dependent for a period not to exceed twelve (12) months from the date of death. -35- FIVIA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT B — SERVICE CREDIT SUBSIDY 4. Minimum Eliaibility for Benefits With the exception of an industrial disability retirement, eligibility for Service Credit Subsidy begins after an employee has completed ten (10) years of continuous regular (permanent) 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. To receive the Service Credit Subsidy retirees are required to purchase medical insurance from City sponsored plans. The City shall have the right to require any retiree (annuitant) to annually certify that the retiree is purchasing medical insurance benefits. 5. 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 $120 (one hundred twenty). Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. 6. Service Credit Subsidy Payment shall not exceed dollar amount, which is equal to the qualified medical expenses incurred for the purchase of City sponsored medical insurance. 7. Maximum Monthly Service Credit Subsidy Payments All retirees, including those retired as a result of disability whose number of years of service exceeds ten (10) continuous years of regular (permanent) service immediately prior to retirement shall be entitled to a maximum monthly Service Credit Subsidy by the City for each year of completed City service as follows: 1 -36- FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT B - SERVICE CREDIT SUBSIDY Maximum Service Credit Subsidy Retirements After: Service Credit Years of Service Subsidy 10 $ 120 11 135 12 150 13 165 14 180 15 195 16 210 17 225 18 240 19 255 20 270 21 285 22 299 23 314 24 329 25 343 The Service Credit Subsidy will be reduced every January 1st by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). Article VIII(A) (4) (a) provides an example of expected reductions per retiree per month. 8. Medicare a. All persons are eligible for Medicare coverage at age 65. Those with sufficient credited 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, the participant pays for Part B of Medicare. b. When a retiree and his/her spouse are both 65 or over, and neither is eligible for paid Part A of Medicare, the Service Credit Subsidy - 37 - FMA MOU FINAL 20068-200912 FIRE MANAGEMENT ASSOCIATION EXHIBIT B — SERVICE CREDIT SUBSIDY shall pay for Part A for each of them or the maximum subsidy, whichever is less. c. 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 of Medicare, the spouse shall not receive the 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. 9. Cancellation a. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: i. Coverage for a retiree under the Service Credit Subsidy Plan will be eliminated on the first day of the month in which the retiree reaches age 65. ii. 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 Service Credit Subsidy Plan will be eliminated. - 38 - FMA MOU FINAL 20068-200612 FIRE MANAGEMENT ASSOCIATION EXHIBIT C — VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM Guidelines TAk 1. Purpose ` �� The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either; return to work, long-term disability, or medical retirement. Employees who accrue Vacation, General Leave or Exempt Compensatory Time may donate such leave to another employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of Vacation, General, or Sick Leave. 2. Definitions Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued Exempt Compensatory Time, Vacation or General Leave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. 4. Eligibility Permanent employees who accrue Vacation or General Leave may donate such hours to eligible recipients. Exempt Compensatory Time accrued may also be donated. An eligible recipient is an employee who: • Accrues Vacation or General Leave; • Is not receiving disability benefits or Workers' Compensation payments; and • Requests donated leave. 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's salary - 39 - FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT C — VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient's hourly wage. An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Employees wanting to make donations will submit an Authorization for Donation to the Human Resources Department (payroll). All donation forms submitted to payroll will be date stamped and used in order received for each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. Other Please contact the Human Resources Department on questions regarding staff participation in this program. - 40 - FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT C — VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program �.Al Leave Request Form Lj' Requestor, Please Complete According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated Vacation, General Leave or Exempt Compensatory Time. MY SIGNATURE CERTIFIES THAT: • A Leave of absence in relation to a catastrophic illness or injury has been approved by my department; and • I am not receiving disability benefits or Workers' Compensation payments. !�Name: (Please Print or Type: Last, First, MI) 11Work Phone: I Department: !Job Title:;Employee ID#: Requester Signature: Date: Department Director Signature of Support: Date: Please return this form to the Human Resources Office for processing. -41- FMA MOU FINAL 20068-200812 FIRE MANAGEMENT ASSOCIATION EXHIBIT C — VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name: (Please Print or Type: Last, First, MI) Work Phone: I Donor Job Title: 3 Type of Accrued Leave: Number of Hours I wish to Donate: ❑ Vacation Hours of Vacation ❑ Compensatory Time Hours of Exempt Compensatory Time j ❑ General Leave Hours of General Leave I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued Vacation, Exempt Compensatory Time or General Leave hours to the Leave Donation Program for: 9 Eligible recipient employee's name (Last, First, MI): Donor Signature: Date: Please submit to Payroll in the Finance Department. - 42 - FIIAA MOU FINAL 20068-200812 CIO NI I i'lo Huntington Beach mire Management Association City of Huntington Beach NO ACT�OM TAKEN July 1, 2003 - June 30, 2012 MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS PREAMBLE.......................................................................................................................1 ARTICLEI - TERM OF MOU.............................................................................................1 ARTICLE II - REPRESENTATIONAL UNIT...........................................................................1 ARTICLE III - SEVERABILITY.............................................................................................1 ARTICLE IV - MANAGEMENT RIGHTS.............................................................................2 ARTICLE V - SALARY SCHEDULES AND RETIREMENT.....................................................2 A. MONTHLY COMPENSATION......................................................................................................... 2 B. WAGE INCREASES...................................................................................................................... 2 C. CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) PICK-UP ................................... 3 D. SELF FUNDED SUPPLEMENTAL RETIREMENT BENEFIT......................................................................... 4 E. MEDICAL INSURANCE UPON RETIREMENT..................................................................................... 4 F. CALIPERS ADDITIONAL BENEFITS................................................................................................. 5 G. DIRECT DEPOSIT......................................................................................................................... 5 ARTICLE VI - ADDITIONAL MANAGEMENT BENEFITS....................................................5 A. EDUCATIONAL TUITION................................................................................................................ 5 B. HOLIDAY PAY-IN-LIEU................................................................................................................. 6 C. BILINGUAL SKILL PAY.................................................................................................................. 7 D. PROFESSIONAL ACHIEVEMENT AWARD........................................................................................ 7 ARTICLE VII - UNIFORMS................................................................................................7 ARTICLE VIII - WORK SCHEDULE/COMPENSATORY PAY/TIME OFF .............................8 A. WORK SCHEDULE....................................................................................................................... 8 B. COMPENSATORY PAY................................................................................................................ 8 1. Prior Approval to Earn Compensatory Time........................................................................................8 2. Prior Approval to Work any Hours in Addition to Regular Schedule..............................................8 3. Description of Compensatory Benefits............................................'p. `. 8 , .. X 8 _ I ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS .............�' A. HEALTH.......................................................................................................:. � ! .....................9 1. Effective Date of Coverage..............................................................................................................9 FMA MOU FINAL 2008-2012 MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS 2. California Public Employees' Retirement System (CaIPERS) Public Employees' Medical and Hospital Care Act (PEMHCA)...................................................................................................9 a. PEMHCA Employer Contributions................................................................................................9 b. Maximum Employer Contributions............................................................................................10 3. Dental Insurance...............................................................................................................................1 1 4. Retiree (Annuitant) Coverage........................................................................................................12 a. City Contribution (Unequal Contribution Method) for Retirees...........................................12 b. Termination of Participation in the CaIPERS PEMHCA Program - Impact to Retirees ..... 12 5. Additional Costs for Participation in the PEMHCA Program ..... :............................................... 13 a. Retiree and/or Annuitant Coverage........................................................................................13 b. Termination Clause.......................................................................................................................13 6. Medical Cash-Out.............................................................................................................................14 B. SECTION 125 EMPLOYEE PLAN.................................................................................................. 14 C. POST RETIREMENT MEDICAL SAVINGS PLAN................................................................................ 14 D. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT.................................................................. 14 E. LONG TERM DISABILITY INSURANCE............................................................................................ 14 F. MISCELLANEOUS...................................................................................................................... 15 1. City Paid Premiums While on Medical Disability..........................................................................15 2. Insurance and Benefits Advisory Committee..............................................................................15 3. Health Plan Over-Payments............................................................................................................15 a. Reduction of Employee's Bi-Weekly Salary Warrant..............................................................16 b. Notice of Ineligible Dependents................................................................................................16 c. Twelve Month Recovery Period.................................................................................................16 ARTICLE X LEAVE BENEFITS...........................................................................................16 A. GENERAL LEAVE...................................................................................................................... 16 1. Accrual................................................................................................................................................16 2. Eligibility and Approval .................................... .................................................................................. 17 3. Conversion to Cash .........................................?':\, ..l .....................17 n .. B. SICK LEAVE........................................................................................................ ................... 18 l . Accrual ............. Ci7P n 'A..:::.:................. .......................18 .......................................................... ........... 2. Credit............................................................................!i. f '.' % 1� f r ~ 1„,\..................................18 3. Usage.....:................................................................................`J L.....`.....................................18 4. Family Sick Leave..............................................................................................................................18 5. Pay Off At Termination.....................................................................................................................18 C. BEREAVEMENT LEAVE................................................................................................................ 20 ARTICLE XI - CITY RULES...............................................................................................20 FMA MOU FINAL 2008-2012 MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS ARTICLE XII - MISCELLANEOUS....................................................................................20 A. VEHICLE POLICY...................................................................................................................... 20 B. DEFERRED COMPENSATION LOAN PROGRAM............................................................................ 21 C. ASSOCIATION BUSINESS............................................................................................................ 21 D. MODIFIED RETURN TO WORK POLICY........................................................................................ 21 E.. CONTROLLED SUBSTANCE AND ALCOHOL TESTING..................................................................... 21 F. GRIEVANCE HEARING OFFICER FEES......................................................................................... 22 G. EMPLOYER -EMPLOYEE RELATIONS RESOLUTION........................................................................... 22 ARTICLE XIII - CITY COUNCIL APPROVAL...................................................................23 EXHIBIT A - SALARY SCHEDULE....................................................................................24 EXHIBIT B - SERVICE CREDIT SUBSIDY..........................................................................32 EXHIBIT C - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM.................36 Ll r FMA MOU FINAL 2008-2012 _ -V G'T MEMORANDUM OF UNDERSTANDING I' 0 BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (Herein Called CITY) AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION t� (Hereinafter Called ASSOCIATION) PREAMBLE WHEREAS, the City of Huntington Beach and the Huntington Beach Fire Management Association (FMA) 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 (MOU) shall not change existing terms and conditions of employment, which have been established for the classifications represented by the Huntington Beach Fire Management Association. NOW THEREFORE, this Memorandum of Understanding is made to become effective July 1, 2008, and it is agreed as follows: ARTICLE I - TERM OF MOU This Agreement shall be in effect for a period of forty-eight (48) months commencing July 1, 2008 and expiring on June 30, 2012. 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. 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 affect the validity of the remaining portions of this resolution or its application to other persons. The City Council -1- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION 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 - MANAGEMENT RIGHTS The City and the Fire Chief retain all rights, powers and authority to manage and direct the performance of fire services and the workforce, except as modified by the Memorandum of Understanding. The parties agree that the City has the right to unilaterally make decisions on all matter that are outside the scope of bargaining. Such matters include, but are not limited to, consideration of the merits, necessity, level or organization of fire services, staffing requirements, extra duty assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, reasonable work and safety rules and regulations. ARTICLE V - SALARY SCHEDULES AND RETIREMENT A. Monthly Compensation Employees shall be compensated at hourly rates by job code and pay grade 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. B. Wage Increases Effective with the pay period that includes July 1, 2008; all unit employees shall receive a seven percent (7%) wage increase; L .,Effective the pay period that includes January 1, 2009; Battalion Chiefs shall v` ereceive a five and one-half percent (5.50%) wage increase. Effective the pay period that includes January 1, 2009; Division Chiefs shall receive a four percent (4%) wage increase. Effective the pay period that includes July 1, 2009; Battalion Chiefs shall receive a three and one -quarter percent (3.25%) wage increase. -2- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION Effective the pay period that includes July 1, 2009; Division Chiefs shall receive a three percent (3%) wage increase. Effective with the pay period that includes January 1, 2010; all unit employees shall receive a two percent (2%) wage increase; Effective with the pay period that includes July 1, 2010; all unit employees shall receive a two percent (2%) wage increase; Effective with the pay period that includes January 1, 201 1; all unit employees shall receive a two percent (2%) wage increase; Effective with the pay period that includes July 1, 201 1; all unit employees shall receive a two percent (2%) wage increase; Effective with the pay period that includes January 1, 2012; all unit employees shall receive a two percent (2%) wage increase. C. California Public Employees' Retirement System (CaIPERS) Pick-up Each employee covered by this Agreement shall be reimbursed bi-weekly in an amount equal to 9% of the employee's base salary and applicable special pay as a pickup of the employee's contribution, or portion of such contribution, to the CaIPERS. The above CaIPERS pickup is not base salary, but is done pursuant to Section 414(h) (2) of the Internal Revenue Code. J ri-Upon adoption of the 2000-2003 Huntington Beach Fire Management - - Association Memorandum of Understanding, the City amended its contract tlwith PERS and implemented the "3% at age 50" retirement formula set forth in �^ j-California Government Code Section 21362.2 for all safety employees represented by the Association. Effective July 1, 2007, the amount of ,. employer -paid member contributions to which each employee is reimbursed pursuant to the first paragraph of this Article IIIC shall be reduced by a percentage equal to one-half of the percentage of compensation earnable the City is required to pay in retirement contributions to PERS, not to exceed 2.25%. For example, if the City is required to contribute an amount equal to 2% of each employee's "compensation earnable," the amount of the reimbursement set forth in the first paragraph of this Article IIIC shall be reduced from 9% of the employee's compensation earnable to 8% of the employee's compensation earnable. If, on the other hand, the City is required to make employer contributions to PERS equal to 8% of each employee's compensation earnable, the amount of the employer -paid member contributions reimbursement set forth in the first paragraph of this -3- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION Article IIIC shall be reduced to 6.75% of the employee's compensation earnable. D. 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 an employee elects Option #2 (Section 21456) or Option '`--� #3 (Section 21457) of the Public Employees' Retirement Law, the City shall pay the difference between such elected option and the unmodified allowance which the employee would have received for his/her life alone. This payment shall be made only to the employee, !r,t shall be payable by the City during the life of the employee, and upon that employee'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 that the allowance is payable to the -'' employee until his/her death and then either the entire allowance K (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. E. Medical Insurance Upon Retirement As required by the Government Code, while the City is contracted with CalPERS to participate in the Public Employees' Medical and Hospital Care Act (PEMHCA) program, retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. CalPERS shall be the sole determiner of eligibility for retiree (annuitant) to participate in the PEMHCA program. The City's requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the Association and the City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the City terminates its participation in the PEMHCA program, the retiree medical subsidy program in place in Resolution No. 2002-120 -4- FIVIA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION Exhibit B to the Memorandum of Understanding shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. F. CalPERS Additional Benefits The City shall provide all safety employees with the retirement program commonly known and described as the "3% at age 50 plan" which is based on the retirement formula as set forth in the CalPERS, Section 21362.2 of the California Government Code, including the one-half continuance option (Government Code Sections 21263 and 21263.1) for safety employees and the Fourth Level of the 1959 survivor option for all employees as established by the CalPERS, Section 21382 of the California Government Code. The City shall continue to contract with CalPERS to have retirement benefits calculated based upon the employee's highest one year's compensation, pursuant to the provisions of Section 20042 (highest single year). 3. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU. 4. Employees shall be covered by the Pre -Retirement Optional Settlement 2 Death Benefit as provided in Government Code Section 21548 G. Direct Deposit All unit employees shall be required to utilize direct deposit of payroll checks. ARTICLE VI -ADDITIONAL MANAGEMENT BENEFITS A. Educational Tuition 1. Upon approval of the Fire Chief and the Human Resources Director employees may be compensated for courses from accredited educational institutions. Tuition reimbursement shall be limited to job related courses or job related educational degree objectives and requires prior approval by the Fire Chief and the Human Resources Director. -5- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION 2. Education costs shall be reimbursed to employees on the basis of a full refund for tuition, books, parking (if a required fee) and any other required fees upon presentation of receipts. However, the maximum reimbursement shall be not more than one thousand five hundred dollars ($1,500) in any fiscal year period. 3. Reimbursements shall be made when the employee presents proof to the Human Resources Director that he/she has successfully completed the course with a grade of "C" or better; or a "Pass" if taken for credit. B. Holiday Pay -In -Lieu Employees shall be compensated by the City in lieu of the ten (10) listed holidays at the rate of 3.0768 hours multiplied by the employee's _hourly rate set forth in Exhibit A, payable each and every pay period �r The following are the recognized legal holidays under this MOU:ILI 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) y r� 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veteran's Day (November 1 1) 8. Thanksgiving Day (fourth Thursday in November) 9. Friday after Thanksgiving 10. Christmas Day (December 25) Any day declared by the President of the United States to be a national holiday, or by the Governor of the State of California to be a state holiday, and adopted as an employee holiday by the City Council of Huntington Beach. Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. Employees designated by the Fire Chief who are required to work regular shifts on the above listed holidays as set forth in this Article, shall not be entitled to time off or additional pay. -6- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION Subject to State Law and Regulations, compensation paid as a result of Article V.B. shall be reportable to PERS as compensation earnable. C. Bilingual Skill Pax Employees who are qualified to use Spanish, Vietnamese, or Sign Language skills shall be paid an additional five -percent (5%) of their hourly rate in addition to their regular bi-weekly salary. Employees may accept assignments utilizing bilingual skills in other languages on a short-term assignment with approval by the Fire Chief and City Administrator or designee. Such employees shall receive the additional five percent (5%) of their hourly rate for every bi-weekly pay period that the assignment is in effect. In order to be qualified for said compensation, employee's language proficiency will be tested and certified by the Human k- T; Resources Director or designee. Bilingual Skill Pay shall be effective the first full pay period following certification as verified to the Fire Chief in writing by the Human Resources Director or designee. rD..J Professional Achievement Award The City supports employee participation in the United States Fire Administration Executive Fire Officer Program (EFOP). The City will provide each participating employee, upon EFOP program acceptance, full payment of each required program course, time to attend the course for each required program year, and travel expense to attend the required course for each program year. Upon presenting a certificate of completion from the United States Fire Administration's National Fire Academy for the Executive Fire Officer Program to the Human Resources Director, the employee will receive a one-time lump sum award of two thousand five hundred ($2,500) dollars. The award shall be subject to all applicable state and federal taxes. ARTICLE VII —UNIFORMS The City agrees to provide uniforms to employees on active duty who are required to wear uniforms. For each eligible employee, the City will report to the CalPERS the average annual cost of uniforms provided by the City as special compensation in accordance with Title 2, California Code of Regulations, Section 571 (a)(5). For employees who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. -7- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION ARTICLE VIII - WORK SCHEDULE/COMPENSATORY PAY/TIME OFF A. Work Schedule Employees assigned to suppression assignments shall work an average of fifty-six (56) hours per week pursuant to the current schedule of five (5) twenty-four (24) hour shifts in a fifteen (15) day period with six (6) consecutive days off. Total hours worked in a calendar year will equal two thousand nine hundred and twelve (2912) hours. Employees 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. Total hours worked in a calendar year will equal two thousand eighty (2080) hours. B. Compensatory Pay 1. Prior approval to earn compensatory time All employees must gain approval from Fire Chief in advance of accruing compensatory time. For approved compensatory time, employees 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. 2. Prior approval to work any hours in addition to regular schedule Battalion Chiefs must gain approval to work any hours that are in addition to their regular schedule in advance from a Division Chief. Division Chiefs must gain approval to work to work any hours that are in addition to their regular schedule in advance from the Fire Chief. Employees shall work thirty-five (35) hours that are in addition to their regular schedule 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. Description of Compensatory Pay Benefits a. Compensatory pay is paid at the forty (40) hour hourly rate for each hour. FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION b. Compensatory time earned can be converted to cash at the employee's forty (40) hour hourly rate. c. Maximum accrual shall be one hundred sixty (160) hours. ARTICLE IX- HEALTH AND OTHER INSURANCE BENEFITS A. Health The City shall continue to make available group medical, dental and vision benefits to all association employees. A copy of the medical, dental and vision plan brochures may be obtained from the Human Resources Office. 1. Effective Date of Coverage An employee and eligible dependents) shall become eligible to participate in the City's health insurance plans described herein. Effective the first of the month following the employee's date of hire, any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates from employment. All employee contributions shall be deducted on a pre-tax basis. 2. California Public Employees' Retirement System (CaIPERS) Public Employees' Medical and Hospital Care Act (PEMHCA) ZZ�'.�The City presently contracts with CaIPERS to provide medical coverage. City required under CaIPERS PEMHCA to make a contribution to Y � is retiree medical premiums. A retiree's right to receive a City contribution, _ and the City's obligation to make payment on behalf of retirees, shall only exist as long as the City contracts with CaIPERS for medical insurance, =� C::Z- except as provided in Article VIII(4)(b). In addition, while the City is in CaIPERS, its obligations to make payments on behalf of retirees shall be limited to the minimum payment required by law. a. PEMHCA Employer Contributions The City shall contribute on behalf of each employee the mandated minimum sum per month toward the payment of premiums for medical insurance under the PEMHCA program. As the mandated minimum is increased, the City shall make the appropriate adjustments by decreasing its flex benefits contribution accordingly as defined in the following sub -section. -9- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION b. Maximum Employer Contributions For the term of this agreement, the City's maximum monthly employer contribution for each employee's health and other insurance premiums are set forth as follows: Effective with the first health insurance deduction following City Council ratification of this agreement, the City contribution shall be the sum of the participating Orange County Blue Shield HMO PEMHCA Plan plus the Vision Service Plan (VSP) vision premiums for each of the following categories: a. Employee only ("EE") b. Employee + one dependent ("EE +l ") c. Employee + two or more dependents ("EE +2") The maximum City contribution shall be based on the employee's enrollment in each plan. The parties agree that the mandated minimum PEMHCA contribution referenced above in paragraph 2a is included in the sums stated above in this sub- '' r" section. If the employee enrolls in a plan wherein the costs exceed the City contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions. f y' ii. Effective January 1, 2009, the City contribution in each category shall increase in an amount equal to the increase in premiums for LL the plans described above in Subparagraph i not to exceed p(�) - -, � 6.5% of the City's contribution for 2008. Any increase in premiums above the City's six and one-half percent (6.5%) contribution cap will be the responsibility of the employee. iii. Effective January 1, 2010, the City contribution in each category shall increase in an amount equal to the increase in premiums for the plans described above in Subparagraph (i), not to exceed 6% of the City's contribution for 2009. Any increase in premiums above the City's six percent (6%) contribution cap will be the responsibility of the employee. iv. Effective January 1, 2011, the City contribution in each category shall increase in an amount equal to the increase in premiums for the plans described above in Subparagraph (i), not to exceed 7% of the City's contribution for 2010. Any increase in premiums -10- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION above the City's seven percent (7%) contribution cap will be the responsibility of the employee. v. Effective January 1, 2012, the City contribution in each category shall increase in an amount equal to the increase in premiums for the plans described above in Subparagraph (i), not to exceed 10% of the City's contribution for 2011. Any increase in premiums above the City's ten percent (10%) contribution cap will be the responsibility of the employee. 3. Dental Insurance The annual maximum benefit for the Delta Dental PPO plan is $2000. a. Effective with the first health insurance deduction following City Council ratification of this agreement, the maximum City contribution shall be equivalent to the premium for the Delta Dental PPO plan based on the employee's enrollment of employee only ("EE"), employee plus one dependent ("EE+1 ") or -- ` employee plus two or more dependents ("EE+2"). b. Effective January 1, 2009, the City contribution shall increase in an `== - amount equal to the increase in premiums for the Delta Dental PPO plan, not to exceed 5% of the City's contribution for 2008 i Any increase in premiums above the City's five percent 5% contribution cap will be the responsibility of the employee. -= (= c. Effective January 1, 2010, the City contribution shall increase in an amount equal to the increase in premiums for the Delta Dental PPO plan, not to exceed 5% of the City's contribution for 2009 Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. d. Effective January 1, 2011, the City contribution shall increase in an amount equal to the increase in premiums for the Delta Dental PPO plan, not to exceed 5% of the City's contribution for 2010 Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. -11- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION e. Effective January 1, 2012, the City contribution shall increase in an amount equal to the increase in premiums for the Delta Dental PPO plan, not to exceed 5% of the City's contribution for 2011 Any increase in premiums above the City's five percent (5%) contribution cap will be the responsibility of the employee. 4. Retiree (Annuitant) Coverage As required by the Government Code retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. The City's requirement to provide retirees and/or annuitants medical coverage is solely governed by the Government Code requirement to extend this benefit to retirees (annuitants). While the City is contracted with CaIPERS to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. a. City Contribution (Unequal Contribution Method) for Retirees As allowed by the Government Code and the CaIPERS Board, and requested by the Association, the City shall use the Unequal Contribution Method to make the mandated minimum allowable City contribution on behalf of each retiree or annuitant. --- b. Termination of Participation in the CaLPERS PEMHCA program - = Impact to Retirees The City's requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees `zLL (annuitants). If by agreement between the Association and the yR;^ City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be << eligible for City provided medical insurance. " In the event that the City terminates its participation in the PEMHCA program, the retiree medical subsidy program in place per Resolution No. 2002-120, Exhibit B, to the Memorandum of Understanding shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. -12- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION 5. Additional Costs for Participation in the PEMHCA Program a. Retiree and/or Annuitant Coverage The Association shall pay to the City an amount equal to $1.00 per month for each additional retiree and/or annuitant in the bargaining unit who elects to participate in the PEMHCA plan but is not participating in the City sponsored retiree medical program as of the beginning of a pay period after the PEMHCA program is in place. Each January 1 St the amount per month paid to the City for each retiree and/or annuitant described above shall increase by the amount PEMHCA requires the City to pay on behalf of each retiree (annuitant). Article VIII (A) (4) (a) above provides an example of expected payments per retiree or annuitant per month. t.. In the event of passage of state legislation, judicial rulings, or CaIPERS board actions that increases the mandatory minimum monthly contribution for retirees (annuitants), the Association shall pay an equal amount to the City. Payments shall be made the first of the month (following implementation). If the Association fails to make timely payments for two consecutive months, the City shall implement a decrease in the supplemental benefit contribution to health insurance for each unit employee by an amount equal to the total increased cost paid by the City. (For example, if the increased cost for retirees equals $6,000 per year, the monthly supplemental benefit for each employee will be decreased as follows: $6,000 divided by twelve (months) = $500, which is then divided by the number of employees receiving supplemental benefits). b. Termination Clause The City and Association may each request termination of the City's contract with CaIPERS after the announcement of state legislation, judicial rulings, or a CalPERS board action that changes the employer's contribution, insurance premiums or program changes to the CaIPERS medical plan. -13- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION The City and Association may elect to terminate its participation in the CalPERS PEMHCA program by mutual agreement through the meet and confer process between the Association and the City. 6. Medical Cash -Out If an employee is covered by a medical program outside of a City - provided program (evidence of which must be supplied to the Human Resource Office), they may elect to discontinue City medical coverage and receive ninety two dollars and thirty-one cents ($92.31) bi-weekly. An employee may also elect to discontinue vision coverage. The employee premium paid for vision coverage will be applied toward medical premium. B. Section 125 Employee Plan The City shall provide an Internal Revenue Code Section 125 employee plan that allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or medical expenses as determined by the Internal Revenue Code. C. Post Retirement Medical Savings Plan The Association may request to reopen this agreement during its term to implement an employee funded, post -retirement medical savings plan, similar to one previously established by the Huntington Beach Police Officers' -, Association (POA) and the Huntington Beach Police Management Association (PMA), at no cost to the City. -•.'D: Life and Accidental Death and Dismemberment `s Each employee shall be provided with $50,000 (fifty thousand) life insurance ,. and $50,000 (fifty thousand) accidental death and dismemberment insurance paid for by the City. Each employee shall have the option, at his/her own expense, to purchase additional amounts of life insurance and -�' accidental death and dismemberment insurance to the extent provided by the City's current providers. Evidence of insurability is contingent upon total participation in additional amounts. E. Lona Term Disabilitv 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 FMA MOU FINAL 2008-2012 aIIN:8JiI_\LNITO :111ul",1— ��Z� 1_�><1011!1 accumulated sick leave, general leave, 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% (sixty six and two -third percent) of the first $12,500 (twelve thousand five hundred) of the employee's basic monthly earnings. The maximum benefit period for disability due to accident or sickness shall be to age 65 (sixty-five). 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 benefit continues plan payment for three (3) months beyond death. A copy of the plan is on file in the Human Resources office. F. Miscellaneous 1. City Paid Premiums While on Medical Disability i w _u -� When an employee is off work without pay for reason of medical 1. = 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 and Benefits Advisory Committee The City and the Association participate in a City-wide joint labor and management insurance and benefits advisory committee to discuss and study issues relating to insurance benefits available for employees. 3. Health Plan Over -Payments Unit employees shall be responsible for accurately reporting the removal of ineligible dependents from health plan coverage. The City shall have the right to recover any premium paid by the City, on -15- FIVIA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION behalf of ineligible dependents. Recovery of such over -payments shall be made as follows: a. Reduction of Employee's Bi-Weekly Salary Warrant The employee's bi-weekly salary warrant shall be reduced by one- half (1/2) of the amount of the bi-weekly over -payment. 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 employees of their obligation to report changes in the status of dependents, which affect their eligibility. c. Twelve Month Recovery Perio 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. 1 1 ry� y , ARTICLE X - LEAVE BENEFITS �; ` 3 ,�) 'I' 'tg A. General Leave 1. Accrual Employees accrue General Leave at the accrual rates outlined below. General Leave may be used for any purpose, including vacation, sick leave and personal leave. Employees shall accrue General Leave at their appropriate assigned work schedule rate, either forty (40) hour or fifty six (56) hour workweek. In the event of a change in work schedules, which must be at the beginning of a pay period, payroll shall change the accrued General Leave balance and accrual rate based on the new schedule using the conversion factor of .7143. Personnel who change from a fifty-six (56) hour schedule to a forty (40) hour schedule shall multiply the existing General Leave by .7143. Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide their existing General Leave by .7143. -16- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION Years of Service General Leave Accrual 40-Hour Rate General Leave Accrual 56-Hour Rate First through Fourth Year 176 Hours 246.4 Hours Fifth through Ninth Year 200 Hours 280.0 Hours Tenth through Fourteenth Year 224 Hours 313.6 Hours Fifteenth Year and Thereafter 256 Hours 358.4 Hours 2. Eligibility and Approval General Leave must be pre -approved; except for illness, injury or family sickness, which may require a physician's statement for approval. Accrued General Leave may not be taken prior to six (6) months' service except for illness, injury or family sickness. General rig Leave accrued time is to be computed from hiring date anniversary. Employees shall not be permitted to take General Leave in excess of actual time earned. Employees on a forty (40) hour schedule shall '�- not accrue General Leave in excess of six hundred forty (640) hours; fifty six (56)-hour employees shall not accrue General Leave in excess of eight hundred and ninety six (896) hours. General Leave accumulated in excess of six hundred forty (640) hours for forty (40) hour schedule employees and General Leave accumulated in excess of eight hundred and ninety six (896) hours for fifty-six (56) hour employees shall ,be paid at the base hourly rate of pay, on the first payday following such accumulation. Employees may not use their General Leave to advance their separation date on retirement or other separation from employment. 3. Conversion to Cash Twice during each fiscal year, each employee shall have the option to convert into a cash payment 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. -17- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION B. Sick Leave Accrual No employee shall accrue sick leave. 2. Credit Employees assigned to FMA shall carry forward their sick leave balance and shall no longer accrue sick leave credit. 3. Usage Employees may use accrued sick leave for the same purposes for which it was used prior to the employee's assignment to FMA. 4. Family Sick Leave The City will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law. Rights and obligations are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). 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 a . --' payoff plan: At involuntary termination by reason of industrial or non -industrial 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 seven hundred twenty (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 current forty (40) hour equivalent rate of -18- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION pay for fifty percent (50%) of all unused, accumulated sick leave. The maximum number of hours paid off at termination will be a total of seven hundred twenty (720) hours. Example: Employee has one thousand nine hundred twenty (1920) hours of accrued sick leave. 1920 hours X 50% = 960 hours. Maximum pay off is seven hundred twenty (720) hours. Pay off = 720 hours X employee's current forty (40) hour equivalent pay rate. 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 forty (40) hour equivalent rate, for twenty-five percent (25%) of unused, earned sick leave to four hundred eighty (480) hours accrued, and for thirty-five percent (35%) of all unused, - _-, earned sick leave in excess of four hundred eighty (480) hours, but not to exceed seven hundred twenty (720) hours, except as provided in paragraph 4 below. N c. Except as provided in paragraph 4 below, no employee shall be paid at termination for more than seven hundred twenty (720) hours of unused, accumulated sick leave. However, employees -� 17,-- 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 �Y defined in Personnel Rule 18-8. d. Employees who had unused, accumulated sick leave in excess of seven hundred twenty (720) hours as of July 5, 1980, shall be compensated for such excess sick leave remaining on termination under the formulas described in paragraphs a and b 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 seven hundred twenty (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. -19- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION e. To the extent that any "capped" amount of excess sick leave over seven hundred twenty (720) hours is utilized, the maximum compensable amount shall be correspondingly reduced. (Example: Employee had one thousand (1,000) hours accumulated. Six months after July 5, 1980, employee has accumulated another forty eight (48) hours. Employee is then sick for one hundred (120) hours. Employee's maximum sick leave "cap" for compensation at termination is now reduced by seventy two (72) hours to nine hundred twenty-eight (928) hours. C. Bereavement Leave ` Employees shall be entitled to Bereavement Leave not to exceed thirty (30) work hours in each instance of death in the immediate family. '> TM Immediate family is defined as father, mother, sister, brother, spouse, registered domestic partner, children, grandfather, grandmother, g p stepfather, stepmother, step grandfather, step grandmother, ,`a y grandchildren, stepsisters, stepbrothers, mother-in-law, father-in-law, son- in-law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the employee is the legal guardian. Employees assigned to the fifty-six (56) hour work week for suppression assignments shall be entitled to Bereavement Leave not to exceed forty- eight (48) work hours in each instance of death in the immediate family, as defined above. ARTICLE XI - CITY RULES The City's Personnel Rules are incorporated into this Agreement by reference as though set forth in full. All City Personnel Rules shall apply to Association members, however, to the extent this MOU modifies the City's Personnel rules, the Personnel Rules as modified will apply to Association members. ARTICLE XII -- MISCELLANEOUS A. Vehicle Policy l . Approval is required by the City Administrator or his/her designee for any City vehicle to be taken home by an employee. 2. The auto allowance for qualifying employees shall be one hundred sixty-one dollars and fifty-three cents ($161.53) bi-weekly. -20- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION 3. The monthly automobile allowance shall not be reduced during the term of this agreement. 4. Eligibility for automobile allowance and the use of City vehicles shall be determined in accordance with the Administrative Regulation, Vehicle Use Policy and the City's Fleet Management Program. 5. Only employees that reside within thirty five (35) miles of the City's limits may be assigned a City vehicle. Employees that are assigned a City vehicle and who are assigned a cell phone/pager for immediate call out shall be allowed to use the assigned vehicle for personal use within the City limits and/or within ten (10) miles of the employee's residence. B. Deferred Compensation Loan Program =F> Employees may borrow up to fifty percent (50%) of their deferred compensation funds for critical needs such as medical costs, college 4y tuition, or purchase of a home, pursuant to program standards and regulations. C. Association Business An allowance of fifty (50) hours per year shall be established for the -_�--� purpose g of allowing authorized representatives of the p Association to - .... represent employees in their employment relations. D. Modified Return To Work Policy The City and Association agree to meet and confer during the term of this agreement to establish a modified return to work policy for employees who experience an industrial or non -industrial injury or illness. E. Controlled Substance and Alcohol Testing The City maintains the right to conduct a controlled substance and/or alcohol test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace. -21 - FIVIA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION F. Grievance Hearina Officer Fees The City and Association agree that for any personnel matter, pursuant to Personnel Rules 19 and 20, whereby a hearing officer is mutually agreed upon to render an opinion, the hearing officer costs shall be shared equally by the City and Association. G. Employer -Employee Relations Resolution During the term of this agreement, the City and the Association agree to meet and confer to update the Employer Employee Relations Resolution to reflect current state law. _22_ FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION ARTICLE XIII - 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 , 2008. CITY OF HUNTINGTON BEACH Fred Wilson City Administrator Paul Emery Deputy City Administrator Michele Carr Director of Human Resources Joshua Brooks Senior Administrative Analyst Michael Vigliotta Deputy City Attorney APPROVED AS TO FORM: Jennifer McGrath City Attorney HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION Robert Brown FMA President William H. Reardon FMA Vice -President David McBride FMA Representative -23- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 7.0% Effective July 1, 2008 (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 640* $ 9,225.58 9,732.99 $10,268.31 $10,833.07 $11,428.88 0026 Fire Division Chief 672* $10,824.85 $11,420.22 $12,048.33 $12,710.98 $13,408.73 7.0% Effective July 1, 2008 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 640* $ 53.22 $ 56.15 $ 59.24 $ 62.50 $ 65.94 0026 Fire Division Chief 672* $ 62.45 $ 65.89 $ 69.51 $ 73.33 $ 77.36 7.0% Effective July 1, 2008 (56 Hour Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 640* $ 38.02 $ 40.11 $ 42.31 $ 44.64 $ 47.10 0026 Fire Division Chief 672* $ 44.61 $ 47.06 $ 49.65 $ 52.38 $ 55.26 *modified universal salary schedule range -24- 17 ' �f� 1 FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE Effective January 1, 2009 5.5% Fire Battalion Chief - 4.0% Fire Division Chief (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 651* $ 9,732.99 $10,268.30 $10,833.07 $11,428.88 $12,057.47 0026 Fire Division Chief 680* $11,257.84 $11,877.03 $12,530.26 $13,219.42 $13,945.08 Effective January 1, 2009 5.5% Fire Battalion Chief - 4.0% Fire Division Chief (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 651* $ 56.15 $ 59.24 $ 62.50 $ 65.94 $ 69.56 0026 1 Fire Division Chief 680* $ 64.95 $ 68.52 $ 72.29 $ 76.27 $ 80.45 Effective January 1, 2009 5.5% Fire Battalion Chief - 4.0% Fire Division Chief (56 Hour Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 651* $ 40.11 $ 42.31 $ 44.64 $ 47.10 $ 49.69 0026 Fire Division Chief 680* $ 46.39 $ 48.94 $ 51.64 $ 54.48 $ 57.47 *modified universal salary schedule range I D {� -25- FIVIA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE Effective July 1, 2009 3.25% Fire Battalion Chief - 3.0% Fire Division Chief (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 657* $10,049.31 $10,602.02 $11,185.14 $11,800.32 $12,449.34 0026 Fire Division Chief 686* $11,595.58 $12,233.34 $12,906.17 $13,616.00 $14,363.43 Effective July 1, 2009 3.25% Fire Battalion Chief - 3.0% Fire Division Chief (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 657* $ 57.98 $ 61.17 $ 64.53 $ 68.08 $ 71.82 0026 Fire Division Chief 686* $ 66.90 $ 70.58 1 $ 74.46 1 $ 78.55 $ 82.87 Effective July 1, 2009 3.25% Fire Battalion Chief - 3.0% Fire Division Chief (56 Hour Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 657* $ 41.41 $ 43.69 $ 46.09 $ 48.63 $ 51.30 0026 Fire Division Chief 686* $ 47.78 $ 50.41 $ 53.18 $ 56.11 $ 59.19 *modified universal salary schedule range F a a , -26- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 2.0% Effective January 1, 2010 (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 661* $10,250.30 $10,814.06 $11,408.84 $12,036.33 $12,698.33 0026 Fire Division Chief 690* $11,827.49 $12,478.00 $13,164.29 $13,888.32 $14,650.70 2.0% Effective January 1, 2010 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 661* $ 59.14 $ 62.39 $ 65.82 $ 69.44 $ 73.26 0026 Fire Division Chief 690* $ 68.24 $ 71.99 $ 75.95 $ 80.12 $ 84.52 2.0% Effective January 1, 2010 (56 Hour Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 661* $ 42.24 $ 44.56 $ 47.01 $ 49.60 $ 52.33 0026 Fire Division Chief 690* $ 48.74 $ 51.42 $ 54.25 *modified universal salary schedule range -27- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 2.0% Effective July 1, 2010 (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 665* $10,455.30 $11,030.34 $11,637.02 $12,277.06 $12,952.29 0026 Fire Division Chief 694* $12,064.04 $12,727.56 $13,427.58 $14,166.09 $14,943.71 2.0% Effective July 1, 2010 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 665* $ 60.32 $ 63.64 $ 67.14 $ 70.83 $ 74.72 0026 Fire Division Chief 694* $ 69.60 $ 73.43 $ 77.47 $ 81.73 $ 86.21 2.0% Effective July 1, 2010 (56 Hour Rate) Job Code Classification Range 112A 112E 112C 112D 112E 0031 Fire Battalion Chief 665* $ 43.09 $ 45.45 $ 47.95 $ 50.59 $ 53.37 0026 Fire Division Chief 694* $ 49.71 $ 52.45 $ 55.33 $ 58.38 $ 61.58 *modified universal salary schedule range -28- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 2.0% Effective January 1, 2011 (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 669* $10,664.41 $11,250.95 $11,869.76 $12,522.60 $13,211.34 0026 Fire Division Chief 698* $12,305.32 $12,982.11 $13,696.13 $14,449.41 $15,242.58 2.0% Effective January 1, 2011 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 669* $ 61.53 $ 64.91 $ 68.48 $ 72.25 $ 76.22 0026 Fire Division Chief 698* $ 70.99 $ 74.90 $ 79.02 $ 83.36 $ 87.94 2.0% Effective January 1, 2011 (56 Hour Rate) Job Code Classification Range 112A 112B 112C 112D 112E 0031 Fire Battalion Chief 669* $ 43.95 $ 46.36 $ 48.91 $ 51.60 $ 54.44 0026 Fire Division Chief 698* $ 50.71 $ 53.50 1 $ 56.44 1 $ 59.54 $ 62.81 *modified universal salary schedule range -29- In FIVIA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 2.0% Effective July 1, 2011 (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 673* $10,877.70 $11,475.97 $12,107.16 $12,773.05 $13,475.57 0026 Fire Division Chief 702* $12,551.43 $13,241.76 $13,970.05 $14,738.40 $15,547.44 2.0% Effective July 1, 2011 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 673* $ 62.76 $ 66.21 $ 69.85 $ 73.69 $ 77.74 0026 Fire Division Chief 702* $ 72.41 $ 76.39 $ 80.60 $ 85.03 $ 89.70 2.0% Effective July 1, 2011 (56 Hour Rate) Job Classification Range 112A 112B 112C 112D 112E Code 0031 Fire Battalion Chief 673* $ 44.83 $ 47.29 $ 49.89 $ 52.64 $ 55.53 0026 Fire Division Chief 702* $ 51.72 $ 54.57 $ 57.57 $ 60.74 $ 64.07 *modified universal salary schedule range t� LJ �.✓j _r i � � \ � � I . i�7 I -30- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT A — SALARY SCHEDULE 2.0% Effective January 1, 2012 (Monthly Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 677* $11,095.25 $11,705.49 $12,349.30 $13,028.51 $13,745.08 0026 Fire Division Chief 708* $12,802.45 $13,506.59 $14,249.45 $15,033.17 $15,858.38 2.0% Effective January 1, 2012 (40 Hour Rate) Job Code Classification Range A B C D E 0031 Fire Battalion Chief 677* $ 64.01 $ 67.53 $ 71.25 $ 75.16 $ 79.30 0026 Fire Division Chief 708* $ 73.86 $ 77.92 $ 82.21 $ 86.73 $ 91.49 2.0% Effective January 1, 2012 (56 Hour Rate) Job Code Classification Range 112A 112E 112C 112D 112E 0031 Fire Battalion Chief 677* $ 45.72 $ 48.24 $ 50.89 $ 53.69 $ 56.64 0026 Fire Division Chief 708* $ 52.76 $ 55.66 $ 58.72 $ 61.95 $ 65.35 *modified universal salary schedule range -31 - I FIVIA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT B — SERVICE CREDIT SUBSIDY An employee who has retired from the City and meets the plan participation requirements shall receive a monthly Service Credit Subsidy to reimburse the retiree for the payment of qualified medical expenses incurred for the purchase of medical insurance. Plan Participation Requirements 1. At the time of retirement the employee has a minimum of ten (10) years of continuous regular (permanent) City service or is granted an industrial disability retirement; and 2. At the time of retirement, the employee is employed by the City; and 3. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees' Retirement System (CalPERS). The City's obligation to pay the Service Credit Subsidy as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: a. On the first of the month in which a retiree or dependent reaches age sixty five (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 Service Credit Subsidy may be adjusted downward or eliminated. b. In the event of the death of an eligible employee, whether retired or not, the amount of the Service Credit Subsidy benefit which the deceased employee was eligible for at the time of his/her death, shall be paid to the surviving spouse or dependent for a period not to exceed twelve (12) months from the date of death. -32- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT B — SERVICE CREDIT SUBSIDY 4. Minimum Eligibility for Benefits With the exception of an industrial disability retirement, eligibility for Service Credit Subsidy begins after an employee has completed ten (10) years of continuous regular (permanent) 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. To receive the Service Credit Subsidy retirees are required to purchase medical insurance from City sponsored plans. The City shall have the right to require any retiree (annuitant) to annually certify that the retiree is purchasing medical insurance benefits. 5. 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 $120 (one hundred twenty). Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. 6. Service Credit Subsidy Payment shall not exceed dollar amount, which is equal to the qualified medical expenses incurred for the purchase of City sponsored medical insurance. 7. Maximum Monthly Service Credit Subsidy Payments All retirees, including those retired as a result of disability whose number of years of service exceeds ten (10) continuous years of regular (permanent) service immediately prior to retirement shall be entitled to a maximum monthly Service Credit Subsidy by the City for each year of completed City service as follows: -33a FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT B — SERVICE CREDIT SUBSIDY Maximum Service Credit Subsidy Retirements After: Years of Service a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Service Credit Subsidy $ 120 135 150 165 180 195 210 225 240 255 270 285 299 314 329 343 The Service Credit Subsidy will be reduced every January 1 st by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). Article VIII(A) (4) (a) provides an example of expected reductions per retiree per month. 8. Medicare a. All persons are eligible for Medicare coverage at age 65. Those with sufficient credited 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, the participant pays for Part B of Medicare. b. When a retiree and his/her spouse are both 65 or over, and neither is eligible for paid Part A of Medicare, the Service Credit Subsidy -34- FIVIA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT B - SERVICE CREDIT SUBSIDY shall pay for Part A for each of them or the maximum subsidy, whichever is less. c. 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 of Medicare, the spouse shall not receive the 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. 9. Cancellation a. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: i. Coverage for a retiree under the Service Credit Subsidy Plan will be eliminated on the first day of the month in which the retiree reaches age 65. ii. 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 Service Credit Subsidy Plan will be eliminated. -35- FIVIA NIOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT C — VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM Guidelines Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either; return to work, long-term disability, or medical retirement. Employees who accrue Vacation, General Leave or Exempt Compensatory Time may donate such leave to another employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of Vacation, General, or Sick Leave. 2. Definitions Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave RT' ` Accrued Exempt Compensatory Time, Vacation or General Leave hours may be donated. The minimum donation an employee may make is two hours and the maximum is forty (40) hours. .F -4 `,' Eliaibilitv Permanent employees who accrue Vacation or General Leave may donate such hours to eligible recipients. Exempt Compensatory Time accrued may also be donated. An eligible recipient is an employee who: m Accrues Vacation or General Leave; ® Is not receiving disability benefits or Workers' Compensation payments; and • Requests donated leave. 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's salary -36- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT C — VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient's hourly wage. An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Employees wanting to make donations will submit an Authorization for Donation to the Human Resources Department (payroll). All donation forms submitted to payroll will be date stamped and used in order received for each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. Other Please contact the Human Resources Department on questions regarding staff participation in this program. It l� U h.. -37- FIVIA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT C — VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Request Form Requestor, Please Complete :r t According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated Vacation, General Leave or Exempt Compensatory Time. MY SIGNATURE CERTIFIES THAT: • A Leave of absence in relation to a catastrophic illness or injury has been approved by my department; and • I am not receiving disability benefits or Workers' Compensation payments. :Name: (Please Print or Type: Last, First, MI) ._ .� .Work Phone: ��Department: 40 Please return this form to the Human Resources Office for processing. -38- FMA MOU FINAL 2008-2012 FIRE MANAGEMENT ASSOCIATION EXHIBIT C - VOLUNTARY CATASTRPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete )e of Accrued Leave: Vacation Compensatory Time General Leave umber of Hours I wish to Donate: Hours of Vacation Hours of Exempt Compensatory Time Hours of General Leave I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued Vacation, Exempt Compensatory Time or General Leave hours to the Leave Donation Program for: Eligible recipient employee's name (Last, First, MI): Donor Signature: Date: Please submit to Payroll in the Finance Department. -39- FMA MOU FINAL 2008-2012