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Home My WebLink AboutPersonnel Commission - Agenda, Minutes, Notices v poi" '� - 4 Sif -X ep#�V, �et4 � Rt j" k,AGit �� . . — f OIR �n CD _D Z" 1 1. CALL TO ORDE M D Commissioners: Hunt, Gooch, Barton, Deight, Garner,Taylor, Zeleznikar Staff Liaisons: Irma Youssefieh, Secretary to the Personnel Commission/Human l= Resources Manager and Brigitte Charles, Principal Personnel Analyst ` Legal Counsel to the Personnel Commission: Jim Murphy, Esq. 2. IPLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS The Personnel Commission welcomes public comments on all items on this agenda or of community interest. We respectfully request that this public forum be utilized in a positive and/or constructive manner. Please focus your comments on the issue or problem that you would like to bring to the attention of the Personnel Commission. Negative comments directed at individuals are not acceptable. Three (3) minutes per person. Time may not be donated to others. No action can be taken by the Personnel Commission on this date unless agendized. This is the time to address the Personnel Commission regarding items of interest or on agenda items other than public hearings. 4. PPROVAL OF MINUTES Meeting of July 20, 2005 5. PUBLIC HEARING Public Hearing in accordance with Personnel Rule 92 regarding amendments to the City's Classification Plan. a. Discussion on a new job specification and proposed compensation for the position of Contract Administrator in the Finance Division and a title change for the existing class specification for Contract Administrator in the Public Works Department to Public Works Contract Administrator. Recommended Action: Approve the new class specification for the position of Contract Administrator and title change of the existing classification of Contract Administrator to Public Works Contract Administrator, amending the City's Classification Plan and provide advisory comments on the proposed salary. Please contact Sandy Henderson at(714)960-8828 if you have questions or if the Human Resources Division can be of any assistance. S. JADMINISTRATIVE REGULATION FOR PAID ADMINISTRATIVE LEAVE Discussion by Legal Counsel to the Personnel Commission Jim Murphy Recommended Action: Review and comment on the proposed correspondence to the City Council Liaisons from the Personnel Commission and direct legal counsel to the Personnel Commission accordingly. ?. ILABOR RELATIONS UPDATE a. Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Police Management Association (term January 1, 2004 through June 30, 2006) and summary of changes b. Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Fire Management Association (term January 1, 2004 through June 30, 2006) and summary of changes c. Other 8. SECRETARY'S REPOR As offered 9. 1COMMENTS FROM COMMISSIONERS Announcements, brief report regarding Commissioner activities, ask questions for clarification, request information from Staff, direction to Staff regarding a future agenda item or for the provision of information for a future meeting. 10. JINFORMATION ITEMS a. Grievance Reports —August 2005 and September 2005 b. Updated Personnel Commission Roster/Terms 11. DJOURNMEN Meeting adjourned to the next regularly scheduled meeting of October 19, 2005. Please contact Sandy Henderson at(714) 960-8828 if you have questions or if the Human Resources Division can be of any assistance. i r 1 City of Huntington Beach PERSONNEL COMMISSION 07/20/05 Pending approval by Personnel Commission at the meeting on 8/17/05 (These minutes are not verbatim. A taped recording of the meeting is available in the Human Resources Division, first floor of City Hall, for one year following meeting.) CALL TO ORDER Chairperson Taylor called the Commission meeting to order at 5:30 p.m. ROLL CALL Commissioners present—Taylor, Hunt, Deight, Garner, Gooch, Zeleznikar Commissioners absent— Barton Counsel to the Personnel Commission Present— James Murphy Staff Present — Irma Youssefieh, Secretary to the Personnel Commission/Human Resources Manager and Brigitte Charles, Principal Human Resources Analyst PUBLIC COMMENTS None APPROVAL OF MINUTES Chairperson Taylor requested that it be noted that the meeting of June 27, 2005 was a special meeting and asked that the hourly rate with benefits for a Senior Construction Inspector be checked. (The minutes reflected $45.60 per hour with benefits, and staff verified the correct amount as $44.47.) A motion was made by Commissioner Hunt and seconded by Commissioner Zeleznikar to approve the minutes of June 27, 2005 as amended (passed 5:0, Gooch abstained). INTRODUCTION OF SENIOR HUMAN RESOURCE ANALYSTS Human Resources Manager Irma Youssefieh introduced Patricia Ahumada and Kazama Lee as new staff to the division and explained that Ms. Ahumada would assist with employee and labor relations and support the classification and compensation program. With the transfer of the employee benefits function to Human Resources, Ms. Lee would provide assistance to oversee this unit as well as providing support in the recruitment and selection area. PUBLIC HEARING a. Discussion on a new classification and job specification for the position of Contract Administrator in the Finance Department and a title change for the existing class specification for Contract Administrator in the Public Works Department to Public Works Contract Administrator. Ms. Youssefieh stated some issues had arisen regarding the Public Works classification that staff needed to address and requested the item be pulled from the agenda. It is anticipated that the item will be brought back in the near future. Page 1 of 5 ADMINISTRATIVE REGULATION FOR PAID ADMINISTRATIVE LEAVE Counsel to the Personnel Commission Murphy reviewed his staff report on this matter and stated Personnel Rule 7-4 was the only formal written record dealing with "suspension with pay" and provided a 30-day window period before a Skelly hearing. Personnel Rule 20-9 indicates that an employee is not entitled to compensation during an appeal of an adverse decision. Mr. Murphy said administrative leave in excess of 30 days is not addressed. Commissioner Deight said that the City should reauthorize administrative leave every 30 days if additional time is required beyond the initial 30 days. Also, she felt there was a need to address the total silence on the issue—i.e. administrative leave beyond 30 days for disciplinary investigations. Chairperson Taylor said the City needed a standard to approve administrative leave with or without pay in 30-day increments. Commissioner Deight said it needed to be public record that the policy had been changed. Chairperson Taylor added that administrative leave in excess of 30 days for a disciplinary investigation needed approval above the department head level. Commissioner Zeleznikar asked when Skelly hearings were held. Mr. Murphy stated that depending upon the level of the appeal, the time ranged between five to ten days for responses. Commissioner Deight asked if there were any type of mitigation should the employee be on paid administrative leave and earning an income in another job. Ms. Youssefieh said there was not. Chairperson Taylor felt this compounded the situation and that the issue of outside employment should be raised so there was no "double dipping." Commissioner Gooch felt it was very rare when a Skelly hearing could not be held within a 30-day window. He noted in criminal cases that the standard of proof was higher; but even if a party won on a criminal charge, it could still lose on appeal. Commissioner Gooch expressed concern that the City did not have a summary suspension process in place and that there could be a liability for workers' compensation if an employee was hurt while on paid administrative leave as they were within the City's employ. He felt it would be in the City's best interest to pay back wages and have the employee off on administrative leave without pay. Commissioner Gooch said the City would be remiss if no firm action plan was developed to ensure due diligence by limiting exposure to unnecessary payments of employees terminated for just cause. Commissioner Hunt asked if an employee was arrested or involved in a criminal charge whether they were suspended without pay. Mr. Murphy responded in the negative because of Personnel Rule 7-4 in which the employee has not been afforded due process. Mr. Murphy said he would not recommend interfering with the status quo during a criminal case filing where an employee would be compelled to testify between his Miranda rights and Lybarger, as the City could not apply discipline before an administrative process. Page 2 of 5 Commissioner Hunt said he favored Commissioner Deight's suggestion of approving additional administrative leave exceeding 30 days every 30 days. He said he has to believe Administration will do the right thing. Commissioner Gooch said periodic updates and scheduling them on the agenda would be helpful. Commissioner Gamer pointed out that in Mr. Murphy's staff report such a revised policy could be subject to the meet and confer process. Commissioner Gooch asked how such a rule would be subject to meet and confer. Mr. Murphy said otherwise the `Yule" would only be advisory. Rules as part of a Memorandum of Understanding would supersede City rules. He recommended staff return to the Commission with a proposed rule that then could be presented to the employee associations for subsequent enactment by the City Council. Commissioner Deight emphasized the need to receive reports of paid administrative leave use. Ms. Youssefieh said this was a policy decision that needed appropriate review and approval. Mr. Murphy said it was also a jurisdiction issue. Commissioner Gooch felt the Freedom of Public Information Act could be invoked whereby the Commission could ask if the City of Huntington Beach currently had anyone on paid administrative leave without identifying the employee. Mr. Murphy answered in the affirmative. Commissioner Gooch felt if a citizen could get such information, then the Personnel Commission should be able to also. Commissioner Deight asked if the Personnel Commission did not have jurisdiction over the matter, why was the Commission pursuing the issue? She said if this is a potential problem, then the City needed to take steps to correct it. She felt it was an area of a gift of public funds and wondered who would be the "watch dog." A motion was made by Commissioner Hunt and seconded by Commissioner Gooch directing the Personnel Commission Secretary and Counsel to the Personnel Commission to draft a proposed recommendation that the Commission could forward to the City Council to adopt as a rule. A follow-up motion was made by Commissioner Hunt and seconded by Commissioner Deight to agendize every three months a status report on the use of paid administrative leave. (Passed 6:0) PERSONNEL COMMISSION AGENDA PROCEDURES Mr. Murphy reviewed his staff report, detailing how the Brown Act established this procedure, and stated no substantive discussion or vote could be taken until a matter was agendized. if a subject was raised during the Public Comment period, the Personnel Commission could ask that the matter be placed on the agenda and posted seventy-two (72) hours in advance of the meeting. The Brown Act does not address how an item is put on the agenda. Chairperson Taylor said in the past Commissioners have requested items be put on the agenda. The Human Resources Manager works with the Personnel Commission Chairperson in placing items on the agenda. Occasionally, the Commission has heard from the public and follows up with placement of the issue on the agenda. This has Page 3 of 5 been an unwritten procedure. Chairperson Taylor asked Counsel if it needed to be written and broadened. Commissioner Deight asked Chairperson Taylor to clarify if any one Commission member wanted an item on the agenda whether this occurred. Chairperson Taylor responded it had usually been by consensus. Otherwise, the Commission voted if there was a challenge. He felt currently there were no problems on how matters were placed on the Personnel Commission's agenda. Commissioner Deight said the Municipal Employees' Association (MEA) had requested that this procedure be placed on the agenda. Chairperson Taylor said any Association could be heard under Public Comments and asked if the Commission wanted to take this matter under consideration or not. Mr. Murphy said the Personnel Commission could make its own procedures as long as they were not in violation of the Brown Act. Commissioner Gooch felt it was a matter of self-governance. Mr. Murphy cautioned that the Commission could not have a quorum and decide issues among themselves, as this would be a violation of the Brown Act. This item was received and filed. REAPPOINTMENT AND ELECTION OF CHAIR AND VICE CHAIR Ms. Youssefieh reported that Commissioners Gooch and Hunt had been reappointed to the Personnel Commission by the City Council. A motion was made by Commissioner Taylor and seconded by Commissioner Deight to nominate Commissioner Hunt as Chair. (Passed 6:0) A motion was made by Commissioner Hunt and seconded by Commissioner Taylor to nominate Commissioner Gooch as Vice Chair. (Passed 6:0) Chairperson Hunt thanked Commissioner Taylor for his service and leadership as Chairperson of the Personnel Commission for the past two years. LABOR RELATIONS UPDATE Ms. Youssefieh reported she anticipated the City Council would ratify the Memoranda of Understanding for the Police Management Association (PMA) and Fire Management Association (FMA) at its August 1, 2005 meeting. The MOUs would be a part of the August 17, 2005 Personnel Commission packet. The City was still in negotiations with SCLEA, which represents part-time/recurrent lifeguards. SECRETARY'S REPORT Ms. Youssefieh reiterated that the employee benefits function had been transferred to the Human Resources Division. COMMENTS FROM COMMISSIONERS Commissioner Taylor said it had been a pleasure serving as Vice Chair of the Commission for three years and Chair as two years. He also reported that he had had the opportunity to serve on the recent Deputy City Administrator oral board panel. Chairperson Hunt said he looked forward to working with everyone during his term as Chair. Page 4 of 5 INFORMATIONAL ITEMS a. Grievance Report— July 2005. Received and filed. Commissioner Zeleznikar noted that the first item listed had been ongoing for some time. Commissioner Deight asked if the employee was being paid. Ms. Youssefieh replied no. ADJOURNMENT The meeting adjourned at 6:35 p.m. to the next regularly scheduled meeting of October 19, 2005. Page 5 of 5 _ I n l- Sta e �;. r J GG i' a y r ITEM Propos W fr n I , z TEM t PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND POLICE MANAGEMENT ASSOCIATION PMA Proposed Changes FY 2003/2004 FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Term 1/1/04—6/30/06 30-month contract Wage Increase 0% wage increase in N/C N/C N/C N/C PMA agrees to a FY 2003/04 0% year 4% wage increase N/C a.) $114,885 a.) $114,885 Same wage increase effective 1101105 b.) $ 67,350 b.) $ 67,350 as POA, MEA, c.) $182,235 c.) $182,235 MEO, Non- Associated and HBFA 4%wage increase N/C a.) $118,353 a.) $118,353 Wage increase for effective 12/31/05 b.) $ 69,146 b.) $ 22,450 six months; same as c. $187,499 c.) $187,499 POA *Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary,which include employer taxes,worker's compensation and retirement ***Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Council Meeting of August 1, 2005 Page 1 of 11 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND POLICE MANAGEMENT ASSOCIATION PMA Proposed Changes FY 2003/2004 FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Effective 3/26/05, N/C $ 20,223 $ 6,741 $ 26,964 Establishes establish Senior leadership positions Sergeant position at in the Sergeant 5% above "E" step ranks (6 Sergeants Sergeant for eligible) Sergeants with 10+ ears of service. Health & Other Benefits Dental PPO plan N/C $ 2,460 N/C $ 2,460 Benefit annual maximum enhancement as benefit increased provided for POA, from $1000 to MEA, MEO, Non- $2000. Associated and HBFA Life and Accidental N/C $ 4,000 N/C $ 4,000 Benefit Death & enhancement as Dismemberment provided for POA, insurance coverage MEA, MEO, Non- increased from Associated and $40,000 to $50,000 HBFA *Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary,which include employer taxes,worker's compensation and retirement ***Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Council Meeting of August 1, 2005 Page 2 of 11 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND POLICE MANAGEMENT ASSOCIATION PMA Proposed Changes FY 2003/2004 FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** City contributions N/C N/C N/C N/C Under the terms of (2005 caps) for this agreement, health insurance employees will coverage (medical, absorb all health dental, life or insurance increases. vision) shall not increase during the term of the agreement. Coverage effective N/C N/C N/C N/C Language date changed from clarification to "first of the month conform to following 30 days CalPERS medical of employment" to coverage "first of the month provisions. following date of hire." Employee contributions to be aligned with start and ending dates of employment. *Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary,which include employer taxes,worker's compensation and retirement ***Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Council Meeting of August 1, 2005 Page 3 of 11 x PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND POLICE MANAGEMENT ASSOCIATION PMA Proposed Changes FY 2003/2004 FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.)Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Retirement City to implement N/C $ 5,000 N/C $ 5,000 Same benefit Pre-Retirement enhancement as Optional Settlement provided to POA 2 Death Benefit Police sa etX plan) Paid Leaves Increase payment of N/A $ 8,640 N/A $ 8,640 For Police Captains holiday from 8 and Lieutenants hours per holiday to when holiday falls number of hours in on scheduled the regularly workday(8 scheduled workday employees); same (generally 10 hrs), benefit as provided to MEO, MEA and Non-Associated. *Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement ***Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Council Meeting of August 1, 2005 Page 4 of 11 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND POLICE MANAGEMENT ASSOCIATION PMA Proposed Changes FY 2003/2004 FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** I b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Eff. 3/26/05, N/C $ 4,451 N/C $ 4,451 Transition Sergeants increase Sergeant from a Sick Leave Sick Leave to 480 accrual system to hours base amount - General Leave. utilization based on Vesting applied to 10%/ ear vesting. time in grade. Exempt N/C N/C N/C N/C Language Administrative clarification to Time - Amend to document current clarify that 5 days practice. equals 50 hours Effective date of N/C N/C N/C N/C Documents current special pays is first practice. full pay period following eligibility and approval. Increase General N/C N/C N/C N/C Same increased cap Leave cap from 600 provided to MEA, hours to 640 hours. MEO and Non- Associated *Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary,which include employer taxes, worker's compensation and retirement ***Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Council Meeting of August 1,2005 Page 5 of 11 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND POLICE MANAGEMENT ASSOCIATION PMA Proposed Changes FY 2003/2004 FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Provide for cash-out N/C N/C N/C N/C Same benefit of time exceeding provided to the General Leave POA; provision accrual cap "sunsets" after one year because of concern over cost. Allowance for cash- N/C N/C N/C N/C Provides out on pay in lieu of administrative compensatory time efficiency. to "twice per calendar year"from "the months of December and April" *Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary,which include employer taxes,worker's compensation and retirement ***Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Council Meeting of August 1, 2005 Page 6 of 11 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND POLICE MANAGEMENT ASSOCIATION PMA Proposed Changes FY 2003/2004 FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a,) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.)Total Estimated c.)Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated 11, Cost*** Other Provisions Increase eligibility N/C N/C N/C N/C Police Chief states for take home cars the City will save from 25 miles to 35 costs on this miles and expand proposal due to the eligibility to cost of storing Detective, Support department Services and vehicles. Training Sergeants. Provision allowing N/C N/C N/C N/C Clarifies current employee to elect practice in the pay in lieu of MOU. compensatory time off Increase maximum N/C N/C N/C N/C Same benefit compensatory time provided to POA bank from 140 hours to 160 hours *Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary,which include employer taxes,worker's compensation and retirement ***Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Council Meeting of August 1,2005 Page 7 of 11 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND POLICE MANAGEMENT ASSOCIATION PMA Proposed Changes FY 2003/2004 FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.)Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Added provision for N/C N/C N/C N/C Extends same an Administrative procedure as in Appeal Procedure in effect for the POA compliance with Gov Code 3304 b Expand definition N/C N/C N/C N/C Same language for of"family" in POA, MEA, MEO bereavement leave I and Non-Associated Contract Language Updates Added provision on N/C N/C N/C N/C Complies with the reporting of Ca1PERS law, uniform costs excludes personal (uniforms provided protective by the City) as special equipment. compensation. Mandatory collection N/C N/C N/C N/C Documents a of payroll procedure for the overpayments collection of payroll overpa ents. *Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary,which include employer taxes,worker's compensation and retirement ***Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Council Meeting of August 1, 2005 Page 8 of 11 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND POLICE MANAGEMENT ASSOCIATION PMA Proposed Changes FY 2003/2004 FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Provision for the N/C N/C N/C N/C Provides requirement of direct administrative deposit of payroll efficiency. checks Update retiree N/C N/C N/C N/C To reflect medical subsidy plan compliance with current program. Provision to reflect N/C N/C N/C N/C Complies with city compliance with State and Federal State and Federal laws and extends leave benefit the use of accrued entitlement laws and leave time for the permission of approved leaves. employees to use accrued Sick and General leave and Comp Time) for such leaves. *Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary,which include employer taxes,worker's compensation and retirement ***Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Council Meeting of August 1, 2005 Page 9 of 11 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND POLICE MANAGEMENT ASSOCIATION PMA Proposed Changes FY 2003/2004 FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments • in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c,) Total Estimated Cost*** Provision to reflect N/C N/C N/C N/C Clarifies current that employee procedure in contributions to compliance with deferred IRS regulations. compensation must be made while an employee is "actively employed" and prior to separation from employment. Bilingual pay N/C N/C N/C N/C Documents current effective the first full practice in the pay period following MOU. certification; testing level is for basic proficiency. Remove Personnel N/C N/C N/C N/C Provides for Rule amendments administrative from the MOU and efficiency. update the Personnel Rules *Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary,which include employer taxes,worker's compensation and retirement ***Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Council Meeting of August 1, 2005 Page 10 of 11 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND POLICE MANAGEMENT ASSOCIATION PMA Proposed Changes FY 2003/2004 FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments d ' in Terms and Estimated Cost Estimated Cost Estimated Cost; Term of the Conditions a.) Base Salary a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Provision for a N/C N/C N/C N/C Documents Voluntary program with Catastrophic Leave flexibility to meet Donation Pro am em to ee needs. Meet and Confer During Term of Agreement Update the N/C N/C N/C N/C To reflect current Employer-Employee law. Relations Resolution Implementation of a N/C N/C N/C N/C No cost to the City- Voluntary Health funded by voluntary Savings Account to employee fund eligible post participation. retirement medical costs. Total Cost of N/C a.) $114,885 a.) $118,353 a.) $233,238 Proposed Changes b.) $112,124 b.) $ 75,887 b.) $188,011 c.) $227,009 c.) $194,240 c.) $421,249 *Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary,which include employer taxes,worker's compensation and retirement ***Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Council Meeting of August 1, 2005 Page 11 of 11 Yo CITY OF HUNTINGTON BEACH MEETING DATE: August 1,2005 DEPARTMENT ID NUMBER: AS-05-017 • CounciVAgency Meeting Held:_ Deferred/Continued to: "proved Q Conditionally Approved D Denied le s S tuTe Council Meeting Date: August 1,2005 1 Departrnen ID Number. AS-05-017 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION 4 ' SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS -" - 4 `n SUBMITTED BY: PE LOPE LBRETH-GRA , CITY ADMINIST ORS- D �.r. PREPARED BY: IRMA YOUSSEFIEH, HUMAN RESOURCES MA SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE • MANAGEMENT ASSOCIATION IFZteme1—tof issue,Funding Source,Recommended Action,Alternative Actlon(s),Analysis,Environmental Status,Attachments) Statement of Issue: Should the City and the Huntington Beach Police Management Association (PMA) enter into . a new Memorandum of Understanding (MOU) covering the period January 1, 2004 through June 30, 2006? Funding Source: Funding is included in the Fiscal Year 2004/2005 budget and will be included in the Fiscal Year 2005/2006 budget. The cost to implement the PMA Memorandum of Understanding is $227,009 in Fiscal Year 2004/05 and $194,240 in Fiscal Year 2005/06. Recommended Action: Adopt Resolution No.,jt�L.S--So, 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 PMA for the term of January 1, 2004 through June 30, 2006. Alternative Action(s): Do not approve the Resolution for employees of the PMA 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. 2004-06 PMA Reso RCA 08-01-05 712=0051.40 PM r � REQUEST FOR COUNCIL ACTION MEETING DATE: August 1,2005 DEPARTMENT 1D NUMBER: AS-05-017 • Analysis: Representatives of the City and the PMA have completed the meet and confer process with agreement on a new Memorandum of Understanding (MOU) for the period of January 1, 2004 through June 30, 2006. Proposed pay and benefit changes include the following: Salary -00/6 salary increase in Fiscal Year 2003/04 -4% salary increase effective 1/1/05 -4% salary increase effective 12/31/05 - Effective 3/26/05, addition of Senior Police Sergeant position for Police Sergeant employees with ten (10) or more years of service. Compensation is established at 5% above "E" step Police Sergeant. Leave Benefits - General leave annual maximum accrual increased from 600 hours to 640 hours (automatic cash-out provision upon reaching maximum; provision "sunsets"at one year) - Holiday pay for Captains and Lieutenants based on hours in a regularly scheduled workday (when holiday falls on a scheduled workday; from 8 to 10 hours) -Increase in maximum hours of earned compensatory time off from 140 hours to 160 - Effective 3/26/05, base amount of 480 hours for Police Sergeant Sick Leave with utilization • based on a 10% vesting schedule retroactively applied to time in grade (change from 240 hours that expire after one year as Police Sergeant). Health &Other Insurance Coverage -City(employer)contribution to medical, dental, life and vision insurance premiums shall not increase for the term of the agreement - Increase to dental (PPO) plan annual maximum benefit from$1,000 to$2,000 Increase to Life and Accidental Death& Dismemberment Insurance coverage from $40,000 to$50,000 -Addition of Pre-Retirement Optional 2 Death Benefit A summary of these and other negotiated provisions are included as Attachment#1. Environmental Status: Not Applicable Attachments DescriptionCity Clerk's Page Number No._ __ Proposed Changes in Terms and Conditions of Employment between the W.. - - - C' of Huntington Beach and the PMA ,... 2 Resolution to Adopt Memorandum of Understanding between the City of �� Huntington Beach and the PMA or January1,2004 throughJune 30,2006 Legislative Draft - Memorandum of Understanding between the City of 3 Huntington Beach and the PMA for January 1,2004 through June 30,2006 ExhibitFinal Memorandum of Understanding between the City of Huntington y4FA.q, q Beach and the PMA for January 1,2004 through June 30,2006 RCA Author: Irma Youssefieh 2004-06 PMA Reso RCA 08-01-05 71221200512:25 PM RESOLUTION NO. 2005_50 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION AND THE CITY OF HUNTINGTON BEACH FOR JANUARY 1, 2004 TO JUNE 30, 2006 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 Police Management Association,a copy of which is attached hereto as Exhibit "A" and by reference made a parthereof, 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 • January 1, 2004, to June 30, 2006. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the _day of AuTust , 200-5_. -F4-4'-'�- REVIEWED AND APPROVED: PROVED AS TO FORM: Liu ` Yh ity Adm' istrator ity Attorne (--7 t gI�S INITIATED AND APPROVED: Depart ent of Administrative Services Hu n Resourc Manager 05resolpolice management assn Res_ No. 2005-50 • STATE OF CALIFORNIA COUNTY OF ORANGE } ss: CITY OF HUNTINGTON BEACH ) I, JOAN 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 field on the 4st day of August, 2005 by the following vote: AYES: Hansen, Coerper, Sullivan, Green, Bohr NOES: None ABSENT: Hardy, Cook ABSTAIN: None P- Cit#lerk and ex-officio erk of the City Council of the City of Huntington Beach, California • • • • [ _ EXHIBIT A � T POLICE MANAGEMENT ASSOCIATION 2004-2006 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS • PREAMBLE................................................................................................................................. 1 ARTICLE I -- REPRESENTATIONAL UNIT..........................................................................•..... 1 ARTICLE 11 -- EXISTING CONDITIONS OF EMPLOYMENT...................................................... ARTICLE III -- SALARY SCHEDULES AND RETIREMENT.......................................................2 1. Wage Increase..........................................•..----...----------.............>_-....----......----•--•-•-----•-----•---•----.....-•••--.._:..._....2 2_ Senior Police Sergeant.-----•....................................... ................................•---------.....-•----..............•••--....---- 2 ARTICLE IV--HEALTH AND OTHER INSURANCE BENEFITS.............................................•..3 A. HEALTH................. - ......._.......- .._....... - ........... ....3 1. Effective Date of Health Coverage...................................................................................................................3 2. CalPERS Public Employees'Medical and Hospital Care Act(PEMHCA).......................................................3 a. PEMHCA Employer Contributions..............................................................................................................4 b- Maximum Employer Contributions.......................................................... ................................................. 3. Dental Insurance - 5 4. Retiree(Annuitant)Coverage--------------------------•-----------......-•-----•-....----------....-------•--------•--•----------...........•--.......5 • a. City Contribution(Unequal Contribution Method)for Retirees...................•.............•....._.--.........._............._5 b. Termination of Participation in the.CaiPERS PEMHCA program -Impact to Retirees...............................5 5- Additional Costs for Participation in the PEMHCA Program.............................................................:..............6 a. Retiree and/or Annuitant Coverage--•----••----•---•-•--•------....--•••----•--••---------••-•--•-••-•••-----•-•..........................•-..6 b. Termination Clause............................................................ 6 6. Medical/Vision Cash-Out---....---•----••------------------------------------•-------....-----....------.....--------..........-••-............__..... 7 B. SECTION 125 EMPLOYEE PLAN .............................•--....------•--•-----.....----........_..._......_.....-•-------_. 7 C. LIFE INSURANCE...........................................................•---..................._...--•--•--•---.................... 7 D. INCOME PROTECTION PLAN--•----......................................................•-••---....---------._............_-•----7 E_ VOLUNTARY HEALTH SAVINGS ACCOUNT PLAN--------------------------------------------------------•-__-_-_----.--_-.8 ARTICLE V-- BEREAVEMENT LEAVE............................................••---...............--•--....•--•••-•-•...8 ARTICLE VI-- SPECIAL PAY AND ALLOWANCES............................. .............•.................8 A_ AUTO ALLOWANCE AND TAKE HOME VEHICLE USE..................................................................... 8 B. FLIGHT PAY - ......... - ........ 9 C. MOTOR PAY._.... - _...... - 9 • D. BILINGUAL PAY - - - ........_•9 E_ UNIFORM ALLOWANCE........................................................................................................... 10 04-06 PMA FINAL 7-19-05 i r POLICE MANAGEMENT ASSOCIATION 2004-2006 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS F. POLICE SERGEANT AND SENIOR POLICE SERGEANT SPECIAL PAY AND ALLOWANCES................. 10 • 1_ Court Standby Time......................................--_..............................................................................................10 2. Court Appearance Time.................................................................................................................................10 3. Non-Court Standby Time....................._.......------------•---•--•------------•---------...._...........---....-------------••-----......•••-•_.11 4- Call Back.......................................................................................... .............................................................11 5. Telephonic Business......................................................................................................................................11 G. Pay in Lieu of Compensatory Time..................................................................................... 11 HMEAL ALLOWANCE -•---------••----------------------------------•------••----•-•--..........._.....-••--...----•-.._...._........ 11 1- Per Diem............................................................................. --.......----••------------................•..•---••......•-•--..._.......11 2- Per Diem Schedule.........................•----....--••--------....................----•-----•-----------------........--............._._..__...........I IMileage Allowance ...................................•----•-----••-.................._.__.._............._.. 12 J. EFFECTIVE DATE OF SPECIAL PAYS.........................................................---................_....._...... 12 ARTICLE VII -- DRUG TESTING........................•-......-•----....................-•--••------................--....... 12 ARTICLE Vill -LEAVE BENEFITS..... -----------------•---------.............................................------..... 12 A. ANNIVERSARY DATE ................................................................... 12 B. GENERAL LEAVE ..............................•---.............-•---.............----.......................----................... 12 • 1. Accrual.................•--....-•.........---...--•---....------•-----...............-•---......----------------•-........---....................--••--...._......12 2. Eligibility and Approval.--•--••-----•----------------•--......-•--•-•--.•-----•-•---•-----...._.........•••--•-••••••••--------.................------••..12 3. Terminal General Leave Pay.........................................................................................................................13 4. Conversion to Cash...........................------.....-•-•-----•----------------------•-----..........----------------------...-----.........._•••.-•-•13 C. SICK LEAVE ..........•...-•................................................•-•----•-------------._................_---_.... ..... 13 1. Accrual...........................................................................................................................................................13 2. Credit.__...---••--•••••-• . •...................................................•-------••--•---....._......13 3. Usage...................................•---........ •- --•-•--•-•-•......-- •...................-••-•-••--••-•-•••---.............•------•---••---•-•-••--.._...14 D_ POLICE SERGEANT SICK LEAVE.................... E. LEAVE BENEFIT ENTITLEMENTS ................................................................... 14 F. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM........................................................ 14 ARTICLE IX SICK LEAVE PAYOFF .....................••--........------................------..... ........... ...... 14 ARTICLE X -- MISCELLANEOUS PROVISIONS...................................................................... 15 A- RE-OPENER................................................... .........--- ------•..15 B_ FLEET MANAGEMENT PROPOSAL............................................................................................ 15 • C_ PERSONNEL RULE CHANGES.................................................................................................. 16 D. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION(EERR) ........................................................ 16 04 U6 PMA FINAL 7-19-05 ii POLICE MANAGEMENT ASSOCIATION 2004-2006 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS 1a. Modification.of Section 7-Decertification and Modification..................•..--......................._............_.......16 • E. WEAPONS VESTING--------------------------------------------------------------------------------------------------------------- F. ASSOCIATION BUSINESS ...------•------------------------•-•---------.:-.......•.•....................--•-.....---............. 17 G- DEFERRED COMPENSATION/LEAVE CASH-OUT •---------------- H- TEN PLAN-FLEX WORK SCHEDULE....................................................................................... 18 1. COLLECTION OF PAYROLL OVER PAYMENTS--.....•...................................................._............... 18 J. DIRECT DEPOSIT.............•-•-•---••-----......•..•....-----...-•........-•...........----.......-...-•-...---•••---•-.......... 18 K. ADMINISTRATIVE APPEAL PROCEDURE.................................................................................... 19 ARTICLEXI -- HOLIDAYS .....................•--................................................................................19 A. CITY RECOGNIZED HOLIDAYS ............................._...................._..._......................................... 19 B. HOLIDAY COMPENSATION FOR CAPTAINS AND LIEUTENANTS..................................................... 19 C. HOLIDAY COMPENSATION FOR POLICE SERGEANTS AND SENIOR POLICE SERGEANTS ................20 ARTICLE XII --WORKSCHEDULE I OVERTIME I TIME OFF .................................................21 A. WORK SCHEDULE......................--.- -- .......-••••-•-••....... .. .........••_-.... _............._...... 21 1. 4-10 Plan..----...--•-•-------••------------------------------------------------------•--.......----...-------..._..--.....----..-...---•-----•- ..........21 • 2. 7-11.5 Plan.......................................------........................•....-•---•--.....-•---....---........-----.....----------..................--..21 a. Workday....................................................................................................................................................21 b. Work Period..............................................................................................................................................21 B. OVERTIME....................................•........---....•........._.......----•---.........----.....•---...-----.................22 C. EXEMPT ADMINISTRATIVE TIME (CAPTAINS AND LIEUTENANTS)................................................. 22 D. TIME AND ONE HALF(SERGEANTS).....................•......._................._.._...._..._.............................22 E. COMPENSATORY TIME IN LIEU OF OVERTIME(POLICE SERGEANTS AND SENIOR POLICE SERGEANT)...........................................................................................................................22 ARTICLE XIII -- EDUCATIONAL PAY............................... .......................................................23 A. PROFESSIONAL ACHIEVEMENT REWARD PROGRAM..................................•...............................23 B. EDUCATIONAL INCENTIVE PLAN(POLICE SERGEANTS AND SENIOR POLICE SERGEANTS)............. 23 2. Stipulations-----------------•-------------------------•--------••----•----...------. ----•----•--....-------•-•--•--•---•-----•-------•--..............------..23 04-06 PMA FINAL 7-19-05 iii POLICE MANAGEMENT ASSOCIATION 2004-2006 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ARTICLE XIV-- MANAGEMENT RIGHTS................................................................................24 ARTICLE XV-- TERM OF MEMORANDUM OF UNDERSTANDING .......................................24 .ARTICLE XV1--CITY COUNCIL APPROVAL..............................................•--•---......---.........._.25 EXHIBIT A-SALARY SCHEDULE........................•---.................._._.......--•--......................._.....26 EXHIBIT B - SERVICE CREDIT SUBSIDY PLAN.....................................................................28 EXHIBIT C -ADMINISTRATIVE APPEAL PROCEDURE.........................................................31 EXHIBIT D -VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM.......................34 04-06 PMA FINAL 7-19-05 iv + f • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (Herein Called CITY) AND THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION (Hereinafter Called ASSOCIATION) PREAMBLE WHEREAS the designated representative of the City of Huntington Beach and the Huntington,Beach Police Management Association have met and conferred in good faith with respect to salaries, benefits and other terms and conditions of employment for the employees represented by the Association; NOW THEREFORE, this Memorandum of Understanding is made, to become effective January 1, 2004 and end on June 30, 2006. ARTICLE I -- REPRESENTATIONAL UNIT It is recognized that the Huntington Beach Police 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 Police Department within the classification titles of Police Captain, Police Lieutenant, and Police Sergeant as outlined in Exhibit A attached hereto and incorporated herein. Effective March 26, 2005, the classification title of Senior Police Sergeant shall be added to this unit of representation. ARTICLE 11 -- EXISTING CONDITIONS OF EMPLOYMENT Except as expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing terms and conditions of employment, which have been established for the classifications represented by the Huntington Beach Police Management Association. • I 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION • ARTICLE III -- SALARY SCHEDULES AND RETIREMENT A. Employees shall be compensated at hourly rates by classification title and salary ranges during the term of this Agreement as set out in Exhibit A attached hereto and incorporated herein unless expressly provided for in other articles of this Memorandum of Understanding. 1. Wage Increases a. Effective the first full pay period that includes January 1, 2004, and for fiscal year 2003-2004, all Association employees shall.receive no wage increase. b. Effective January 1, 2005, all Association employees shall receive a four percent(4%)wage increase. G. Effective December 31, 2005, all Association employees shall receive a four percent(4%)wage increase. 2. Senior Police Sergeant Effective March 26, 2005, an employee with ten (10) or more years of service • in the classification of Police Sergeant with the City of Huntington Beach shall be classified to the position of Senior Police Sergeant. The pay range for this classification shall be five percent (5%) above the range of Police Sergeant. No additional criteria for achieving the Senior Police Sergeant classification shall apply. The Senior Police Sergeant classification recognizes seniority only and does not amend the duties and responsibilities of Police Sergeant. B. Each sworn employee covered by this agreement shall be reimbursed an amount equal to 9% of the employee's part of his or her PERS contribution unless otherwise modified in this Memorandum of Understanding. The above PERS pickup is not base salary but is done pursuant to Section 414(hx2) of the Internal Revenue Code. C. The City and PMA agree that new employees shall not be eligible for the "Self- Funded Supplemental Retirement Benefit" (as described in Article XI, Paragraph A.2 of the Police Officers' Association 1997/2000 Memorandum of Understanding)- D. Upon adoption of the 2000-2003 Huntington Beach Police 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. if at any time after the implementation of the 3% at age 50 formula the City is required to make retirement contributions for 2 04-06 PMA ANAL 7-19-05 POLICE MANAGEMENT ASSOCIATION employees represented by the Association, the amount of employer—paid • member contributions to which each employee is reimbursed pursuant to Article III.B shall be reduced by a percentage equal to one-half of the percentage of compensation eamable 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 eamable,"the amount of the reimbursement set forth in Article III.B shall be reduced from 9% of the employee's compensation eamable to 8% of the employee's compensation eamable. If, on the other hand, the City is required to make employer contributions to PERS equal to 8%, of each employee's compensation eamable, the amount of the employer-paid member contributions reimbursement set forth in Article Ill-B shall be reduced to 6.75% of the employee's compensation eamable. E. The City provides the PERS Level IV 1959 Survivor's Benefit- F. As soon as practicable after ratification of this Memorandum of Understanding by the City Council, the City shall amend its PERS contract for safety employees to add the Pre-Retirement Optional Settlement 2 Death Benefit. ARTICLE IV-- HEALTH AND OTHER INSURANCE BENEFITS A. Health The City shall continue to make available group medical, dental and vision benefits to all Association employees- 1- Effective Date of Health 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. All employee contributions shall be deducted on a pre- tax basis. 2. CalPERS Public Employees' Medical and Hospital Care Act (PEMHCA) The City presently contracts with CalPERS to provide medical coverage. The City is required under CalPERS 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 CalPERS for medical insurance. In addition, while the City is in CalPERS, its obligations to make payments on behalf of retirees shall be limited to the minimum payment required by law_ Upon 3 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION termination of the City's contract with CaIPERS PEMHCA, the retiree's rights • will be as set forth in Article IV(A)(4xb). a PEMHCA Employer Contributions The City shall contribute on behalf of each employee the following sum per month toward the payment of premiums for medical insurance under the PEMHCA program. If the mandated minimum is increased from these figures, the City shall make the appropriate adjustments by decreasing its cafeteria contribution. 2004 $32.20 2005 $48.40 2006 $64.60 b. Maximum Employer Contributions For the term of this Agreement, the City's maximum monthly employer contributions for each employee's health and other insurance premiums are set forth in the charts below. The amounts listed below include the mandated PEMHCA contribution. Delta Delta VSP PERS Dental Dental 8S PERS Vision HMO PERSCARE PERSCHOICE PORAC KAISER (PPO) (HMO) EE $274.03 $373.77 $373.77 $373.77 $274.03 $42.88 $23.00 $17.58 EE+ 1 555.51 702.25 702.25 702.25 555.51 81.82 39.11 17.58 EE +2 or more 720.18 851.34 851.34 851.34 720.18 116.36 59.81 17.58 The employee shall not be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee. The City "caps" its contributions toward monthly group medical, dental and vision plan premiums, by category (EE, EE + 1, and EE + 2 or more) and plan as stated in the table above for the term of this Agreement, even if premiums increase. Employee contributions shall be made by payroll deductions on a pre-tax basis. 3. Dental Insurance Effective January 1, 2005, the annual maximum benefit for the Delta Dental PPO plan will increase from $1000 to $2000. 4. Retiree Annuitant Coverage 4 o4-w PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION • 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 that requires the City 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 shalt use the Unequal Contribution Method to make City contributions on behalf of each retiree or annuitant. The following is an example of the sum per month toward the payment of premiums for medical insurance under the PEMHCA medical insurance program for a retiree or annuitant. The City shall make these payments only while the City is a participant in the PEMHCA program. • 2004 $1.00 2005 $3.42 2006 $6.65 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. 2000-116, 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 5 04-06 PMA FINAL 7-19-05 POLICE. MANAGEMENT ASSOCIATION 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 1Sc 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 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. The City and Association may elect to terminate its participation in the CaIPERS PEMHCA program by mutual agreement through the meet and confer process between the Association and the City. i 6 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION • 6= MedicalNision Cash-Out If an employee is covered by a medical program outside of a provided program program (evidence of which must be supplied to the Human Resources office), he/she may elect to discontinue City medical coverage and receive ninety two dollars and thirty-one cents ($92.31) bi-weekly to deposit into their Deferred Compensation account or any other pre-tax program offered by the City, so long as the contribution is in accordance with applicable Internal Revenue Services (IRS) code or regulations. An employee may also elect to discontinue vision coverage. The employee premium paid for vision coverage will be applied toward medical premium. If the pre-tax contribution is not permitted by any applicable IRS code or regulation, an equivalent payment will be made payable as compensation on a bi-weekly basis and shall be taxable. 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 unreimbursed medical expenses as determined by the • Internal Revenue Code. C. Life Insurance The City will provide $50,000 term life insurance and $50,000 accidental death and dismemberment insurance without evidence of insurability other than evidence of working full time. An additional $10,000 of life insurance may be purchased, at the employee's cost, with evidence of insurability- D. Income Protection Plan The existing long-term disability program provided by the City shall remain in effect for all personnel. This program provides, for each incident, pay up to thirty (30) calendar days at the employee's salary rate (excluding overtime but including any special pay in effect at the time of illness or injury). After the thirty (30) calendar day period, the employee will be covered by an insurance plan paid for by the City that will provide 66 2/3% of the employee's salary rate (excluding overtime and any special pay) in accordance with the following to age 65: 1. Days and months refer to calendar days and months. Benefits under the Plan are integrated with Workers' 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 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION the first two years of disability and thereafter the inability to engage in any • employment or occupation for which he is fitted by reason of education, training or experience. 2. Survivors' benefit continues plan payment for three months beyond death. E. Voluntary Health Savings Account Plan The City shall implement a voluntary health savings account plan during the term of this Memorandum of Understanding for the purpose of allowing employees the opportunity to fund post medical retirement health premiums pursuant to IRS regulations. ARTICLE V BEREAVEMENT LEAVE Employees shall be entitled to bereavement leave not to exceed three working days in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, 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_ • ARTICLE VI -- SPECIAL PAY AND ALLOWANCES A. Auto Allowance and Take Home Vehicle Use 1 The provisions of Administrative Regulation 407 — Auto Allowance shall apply to Captains and Lieutenants represented by the Association. Any modifications to Administrative Regulation 407, either by the City or through implementation of an MOU with the Association, shall automatically modify the auto allowance benefit provided for Captains and Lieutenants represented by the Association. Auto allowance shall be no less than $350 per month during the term of this Agreement. 2. Captains and Lieutenants that are assigned a City vehicle must reside within 25 miles of the City's limits. Such employees 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. Effective the first full pay period following City Council ratification of this Memorandum of Understanding, the City shall increase from 25 miles to 35 miles the distance allowed from the City limits to the home. 3. Effective the first full pay period following City Council ratification of this Memorandum of.Understanding, the City shall increase from 25 miles to 35 miles the distance allowed from the City limits to the home of a Police Sergeant or Senior Police Sergeant assigned a take home vehicle. The 8 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION following assignments shall. be allowed to take a City vehicle home under • this provision: Detective, Support Services, and Training. Such employees who take a City vehicle home are expected to be reasonably available to respond to work related activities; however, there is no restriction on the employee's off-duty activities, implied or intended by this expectation. B. Flight Pav Employees assigned to duty as helicopter personnel shall receive $500 per month and those assigned as Certified Flight Instructors shall receive $800 per month, in addition to their applicable salary. C. Motor Pav 1. Employees assigned to motorcycle duty shall receive a flat rate of$300 per month for hazardous duty pay. 2. Employees may drive their motorcycle to and from their residence to their place of work if such travel does not exceed 200 miles per week, excluding overtime. 3. In consideration of the motor officers receiving the foregoing compensatory duty pay, the Association agrees that any time spent on maintenance • and/or cleaning of motorcycles, as described below, while off duty and away from their place of employment is not considered to be time worked for purpose of salary or overtime calculations. The Department shall supply necessary materials needed to perform the following duties: a. Keeping the assigned motorcycle cleaned and waxed. b. Keeping the drive chain properly lubricated and adjusted. P 9 P P Y i c. Performing a daily check of the motorcycle fluid levels and tire pressure. d. Scheduling required routine services at specified mileage intervals with police motorcycle mechanics. D. Bilingual Pay Employees who are qualified to use Spanish, Vietnamese, or Sign Language skills shall be paid an additional five percent(5%)of their straight time pay rate in addition to their regular bi-weekly pay. Employees may accept assignments utilizing bilingual skills in other languages on a short-term assignment with approval by the City Administrator. Such employees shall receive the additional five percent (5%) for every bi-weekly pay period that the assignment is in effect. In order to be qualified for said compensation, an employee's language 9 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION proficiency will be tested and certified by the Human Resources Manager or • designee. Basic conversational proficiency will be evaluated based on response to a scenario driven oral evaluation. Human Resources will notify the employee on the results of the oral evaluation. If the employee's attempt is unsuccessful, the employee may repeat the process in six(6) months time from the date of the previous exam. E_ Uniform Allowance 1. The City shall continue the Uniform Allowance in lieu of the City providing uniforms for employees represented by the Association. Such allowance shall be $1,200 per year, payable in January to those employees on active duty on January 1 st. Employees hired after January 1 st shall have their uniform allowance pro-rated for each month in which they were on active duty for at least one full shift, separately from payroll checks_ It is the mutual intent of the parties that this allowance shall be utilized solely for the purpose of replacing, repairing and maintaining uniforms and clothing worn in the line of duty_ The City will continue to make initial issuance of required uniforms and replace uniforms and equipment damaged in the line of duty including safety equipment required by state law; City resolution or ordinance, or by order of the Chief of Police. 2. The City shall report to the California Public Employees' Retirement System • (CalPERS)the uniform allowance paid as special compensation in accordance with Title 2, California Code of Regulation,Section 571(a)(5). F. Police Sergeant and Senior Police Sergeant Special Pays and Allowances The following shall apply: 1. Court Standby Time An employee required to be on standby for a court appearance during other than their scheduled working hours shall receive a minimum of three (3) . hours straight time pay for each morning and afternoon court session_ An employee will be paid two (2) hours at straight time pay for subpoenas cancelled with less than twenty-four(24)hours notice. 2. Court Appearance Time An employee required to appear in court during other than their scheduled working hours shall receive a minimum of three (3) hours pay at the overtime rate; provided, however, that if such time overiaps with the employee's working hours, said rate shall be limited to those hours occurring prior to or after the employee's scheduled work time. • 10 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION 3. Non-Court Standby Time An employee who is placed on standby status by his supervisor shall receive four(4) hours straight time pay for each 24-hour period of standby status. 4_ Cali Back An employee who is called back to work will be paid a minimum of two (2) hours pay at the overtime rate, upon arrival at the department or the incident scene until released_ 5. Telephonic Business An off-duty employee shall be compensated a minimum of fifteen (15) minutes at the overtime rate when telephoned at home regarding departmental business. G. Pay in Lieu of Compensatory Time Employees may, at their request, be paid for their accrued compensatory time twice each calendar year. . H_ Meal Allowance 1. Per Diem Employees shall be entitled to per diem under the following circumstances: a. Personnel with prior knowledge and approval of their supervisor and on work assignments, or attending meetings or training in excess of a 25-mile radius beyond their normal work station, and which extends more than one (1) hour beyond their normal hours or require lodging. b. Meeting or training assignments, which include a meal, will be reimbursed at the actual cost of the meeting or meal, not to exceed the prorated per diem schedule. c. Meal expenses other than listed above may be considered for reimbursement (receipts required) by the Division Commander. d. Receipts are not required other than noted above. 2. Per Diem Schedule • $45 per 24-hour period or pro-rated as follows; Breakfast $1 1, Lunch $15, Dinner$20. It 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION • 1. Mileage Allowance The City shall reimburse mileage to employees for the use of personal automobiles at the amount allowed by the most recent IRS allowance. J. Effective Date of Special Pays All special pay shall be effective the first full pay period following certification and verification as approved by the Police Chief or designee. ARTICLE VII -- DRUG TESTING Unit employees shall participate in a drug/alcohol-testing program as proposed by the Chief of Police_ ARTICLE Vill LEAVE BENEFITS A. Anniversary Date For the purpose of computing vacation, an employee's anniversary date shall be the most recent date on which he/she commenced full-time City employment. • B. General Leave 1. Accrual Effective December 23, 2000, employees will cease to accrue sick leave and vacation leave, and the Long-Term Disability insurance waiting period shall be reduced from 60 to 30 days. Instead, employees will begin accruing general leave at the accrual rates outlined below. General leave may be used for any purpose, including vacation, sick leave and personal leave. Vacation time accrued through December 23, 2000 will be added to the employee's general leave account effective December 24, 2000. General leave shall be accrued as follows: Years of Service General Leave Allowance First through Fourth Year 176 Hours Fifth through Ninth Year 200 Hours Tenth..through Fourteenth Year 224 Hours Fifteenth Year and Thereafter 256 Hours 2. Eligibility and Approval • Accrued general leave may be taken after six (6) months' service, when used as vacation; and at anytime for sick leave purposes. General leave 12 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION 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. Effective December 23, 2000, employees shall not accrue general leave in excess of six hundred (600) hours. Effective the first full pay period following City Council ratification of this Memorandum of Understanding, employees shall not accrue general leave in excess of six hundred and forty (640) hours. Employees may not use their general leave to advance their separation date on retirement or other separation from employment. General leave must be pre-approved except for illness, injury or family sickness, which may require a physician's statement for approval. Effective the first full pay period following City Council ratification of this Memorandum of Understanding, general leave accumulated in excess of the six hundred and forty (640) hour cap shall be paid in cash at the straight time hourly rate on the first pay day following such accumulation. This provision shall sunset (discontinue) at the expiration of this Memorandum of Understanding unless both the City and the Association agree to continue this provision. 3. Terminal General Leave Pay An employee shall be paid for unused general leave upon termination of employment at which time such terminating employee shall receive • compensation at his/her current straight time pay rate for all unused, earned leave to which he/she is entitled up to and including the effective date of his/her termination. 4. Conversion to Cash An employee may elect to take up to one hundred and twenty (120) hours of pay per calendar year for accrued general leave in lieu of time off. It is the intent of the parties that employees will take vacation during the current year. C. Sick Leave 1. Accrual No employee shall accrue sick leave after December 22, 2000. 2. Credit Employees hired prior to December 23, 2000 shall be credited with their sick leave accrued as of December 22, 2000. 13 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION • 3. Usage Employees may use accrued sick leave for the same purposes for which it was used prior to December 23, 2000. D. Police Sergeant Sick Leave Employees promoted to Police Sergeant after December 31, 2000, shall receive two hundred forty (240) hours of sick leave. These hours may be used for sick leave purposes during the first twelve (12) months after promotion. Any unused sick leave credited upon promotion shall be eliminated one (1) year from date of promotion to Police Sergeant. Effective March 26, 2005, employees promoted to the rank of Police Sergeant after December 31, 2000 shall be.credited with four hundred and eighty (480) sick leave hours. These hours are for sick leave purposes and shall not be eliminated unless used by the employee during employment or as a result of an employee's separation from employment- E. Leave Benefit Entitlements The City will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law. Rights and obligations are set • forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act(CFRA). The City shall comply with all State and Federal leave benefit entitlement laws. An employee on an approved leave shall be allowed to use earned Sick Leave, General Leave, and/or Compensatory Time for serious and non-serious family or personal health issues. F. Voluntary Catastrophic Leave Donation Program Under certain conditions, employees may donate leave time to another employee in need. The program is outlined in Exhibit D of this Memorandum of Understanding. ARTICLE IX --SICK LEAVE PAYOFF A_ Employees covered by this agreement and on the payroll on November 20, 1978 shall be entitled to the following sick leave payoff plan: 14 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION At termination, employees shall be compensated at their then current straight • time pay rate for fifty percent (50%) of unused sick leave, up to a maximum of 720 hours of unused, accumulated sick leave- B. Employees hired after November 20, 1978 shall be entitled to the following sick leave payoff plan: Upon termination, all employees shall be paid, at their then current straight time pay rate,for twenty-five percent (25%) of unused, earned sick leave to 480 hours accrued, and for thirty-five (35%) of all unused, earned sick leave in excess of 480 hours, but not to exceed 720 hours- C. No employee shall be paid at termination for more than 720 hours of unused, accumulated sick leave. D. Effective March 26, 2005, any hours of unused Police Sergeant Sick Leave.as referenced in Article VIII.D. shall be eligible- for payoff upon an employee's separation from employment based on ten percent(10%)vesting per year or any fraction thereof, retroactively applied to consecutive_ years of prior service as a Huntington Beach Police Sergeant or a Senior Police Sergeant. Such eligible hours for payoff shall follow the same payoff plan as outlined in Article iX.B. for employees hired after November 20, 1978. • 1. Any hours of unused Police Sergeant Sick Leave shall remain with the employee in the event of promotion(s) up to the rank of Police Captain and the vesting formula shall also include years of service with the City in the higher rank. E. Sick leave shall not be used to extend absences due to work related (industrial) injuries or illnesses. ARTICLE X -- MISCELLANEOUS PROVISIONS A. Re-Opener If there is any change to the benefits provided to POA that differ from those provided to PMA, either the City or Association may request to reopen discussions regarding a change to that specific benefit. B. Fleet Management Proposal The Association agrees to meet and confer on a City Fleet Management Proposal during the term of this agreement. 15 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION • C. Personnel Rule Changes All Memorandum of Understanding provisions that supersede the City's Personnel Rules shall automatically be incorporated into the City s Personnel Rules as applicable- D. Employer-Employee Relations Resolution(EERR) 1. The following amendments to the EERR shall apply: a) Modification of Section 7— Decertification and Modification i. The City and the Association desire to maintain labor stability within the representational unit to the greatest extent possible, consistent with the employee's right to select the representative of his or her own choosing.. For these purposes, the parties agree that this Agreement shall act as a bar to appropriateness of this unit and the selection of the representative of this unit, except during the month of August prior to the expiration of this Agreement. Changes in bargaining unit shall not be effective until expiration of the MOU, except as may be determined by the Personnel Commission pursuant to the procedures outlined below. This provision shall modify and supersede the time • limits, where inconsistent, contained in Section 7 of the current Employer-Employee Relations Resolution of the City of Huntington Beach. The City and the Association have agreed to a procedure whereby the City, by and through the Human Resources Manager, would be entitled to propose a Unit Modification. The Association and the City agree to jointly recommend a modification of the City of Huntington Beach Employer-Employee Relations Resolution (Resolution Number 3335) upon the City's having completed its obligation to meet and confer on this issue with all other bargaining units. 7-3 Human Resources Manager's Motion of Unit Modification — The Human Resources Manager may propose during the same period for filing a Petition for Decertification that an established unit be modified in accordance with the following procedure: iv. The Human Resources Manager shall give written notice of the proposed Unit Modification to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources. Manager's rationale for the proposed change including all information which justifies the change pursuant to the • criteria established in Section 6-5 for Appropriateness of Units. Additionally, the Human Resources Manager shalt provide all affected 16 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION employee organizations with all correspondence, memoranda, and • other documents, which relate to any input regarding the Unit Modification which may have been received by the City or from affected employees and/or sent by the City to affected employees; v. Following receipt of the Human Resources Manager's Proposal for Unit Modification any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the Motion for Unit Modification to the Personnel Commission; vi. The Personnel Commission shall conduct a noticed Public Hearing regarding the Motion for Unit Modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the g 9 proposed Unit Modification which determination may include a- granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of Bargaining Units. Following the Personnel Commission's determination of the composition of the appropriate Unit or Units, it shall give written notice of such determination to all affected employee organizations; • vii. Any party who chooses to appeal the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. 2. During the term of this Memorandum of Understanding, the City and the Association agree to update the Employer-Employee Relations Resolution to reflect current State law. E Weapons Vesting Employees assigned a weapon shall be vested with ten percent(10%)ownership per year so that ten (10)years after assignment of the weapon to the employee, he/she shall be fully vested with ownership. F. Association Business An allowance of fifty (50) hours per year shall be established for the purpose of allowing authorized representatives of the Association to represent members in their employment relations. i7 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION • G_ Deferred Compensation/Leave Cash-Out In accordance with IRS regulations, the value of any unused earned leave benefits may be transferred to deferred compensation in connection with separation from employment, but only during the time that the employee is actively employed with the City. The employee must request the transfer no later than the pay period prior to the employee's last day of employment. H. Ten Plan — Flex Work Schedule Employees accepting specialty assignments, that have been posted as such, shall be required to work a flex 40-hour workweek scheduled as directed. 1. Collection of Payroll Over Payments In the event that a payroll over payment is discovered and verified, and considering all reasonable factors including the length of time that the over payment was made and if and when the employee could have reasonably known about such over payment, the City will take action to collect from the employee the amount of over payment(s). Such collection shall be processed by payroll deduction over a reasonable period of time considering the total amount of over payment. • In the event the employee separates from employment during the collection period, the final amount shall be deducted from the last payroll check of the employee. If applicable, the balance due from the employee shall be communicated upon employment separation if the last payroll check does not sufficiently cover the amount due the City. It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error. The City reserves the right to also collect compensation over payments caused by or the result of misinterpretation of a pay provision by non-authorized personnel_ The interpretation of all pay provisions shall be administered by the City Administrator or designee and as adopted by the City Council_ Unauthorized compensation payments shall not constitute a past practice. J. Direct Deposit All employees are required to utilize direct deposit of payroll checks. i 18 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION • K. Administrative Appeal Procedure In compliance with Government Code 3304(b), the administrative appeal procedure for all public safety officers is referenced in Exhibit C of this Memorandum of Understanding. ARTICLE XI -- HOLIDAYS A. City Recognized Holidays The City shall recognize the following holidays in a calendar year. 1. New Year's Day(January 1) 2. Martin Luther King Day(third Monday in January) 3. Washington's Birthday(third Monday in February) 4. Memorial Day(last Monday in May) • 5. Independence Day(July 4) 6. Labor Day(first Monday in September) 7. Veteran's Day (November 11) 8. Thanksgiving Day(fourth ThursdayNovember in ) 9. The Friday after Thanksgiving 10_ Christmas Day(December 25) 11. Any day declared by the President of the United States to be a national holiday, or the Governor of the State of California to be a state holiday and adopted as an employee holiday by the City Council of the City of Huntington Beach. B_ Holiday Compensation for Captains and Lieutenants Compensation.for holidays shall be provided as follows (see examples): 1. Employees shall be compensated for the date of the actual holiday when the holiday does not fall on the day recognized by the City. 19 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION 2. If the holiday designated above falls on an employee's regularly scheduled • work day, the employee will receive the day off and receive straight time pay for the number of hours in their regularly scheduled workday. Example: Work Work Work Holiday= Work 30 hours & compensated for 40 10 10 10 10 3. If the holiday designated above falls on an employee's regularly scheduled day off, the employee will be compensated with eight (8) hours of compensatory time or the employee may elect to receive eight (8) hours of straight time pay. Example: Work Work Work Work Holiday=Work 40 hours & compensated for 48 10 10 10 10 8 4. Employees who are required to work on a actual holiday designated above shall be compensated at the overtime rate of time and one -half (1 '/Z) for • each hour at the straight time pay rate or compensatory time in addition to B2 or B3 above Example if Holiday falls on scheduled day off: Work Work Work Work Work the Holiday= Work 40 hours& compensated for 63 10 10 10 10 10 a@ 1.5= 15 hrs + 8(Holiday) Example if Holiday falls on scheduled work day: Work Work Work Work the Holiday =Work 40 hours & compensated for 53 10 10 10 10 @ 1.5 = 15 hrs + 8(Holiday) C. Holiday Compensation for Police Sergeants and Senior Police Sergeants 1. In addition to regular compensation, employees shall receive straight time pay in each bi-weekly pay period month for 1/26 of the total holiday hours (80) earned for the year_ 20 04-06 PIVIA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION 2. A Police Sergeant or Senior Police Sergeant who works on an actual holiday • shall be compensated at the overtime rate for time actually worked from 12:00 A.M. through 11:59 P.M. 3. Employees shall be compensated for the date of the actual holiday when the holiday does not fall on the day recognized by the City. D. All holiday pay shall be reported as special compensation when required in accordance with PERS law. ARTICLE X11-WORKSCHEDULE/OVERTIME/TIME OFF A_ Work Schedule 1. 4-10 Plan Unless designated elsewhere, unit employees are entitled to work four (4) consecutive days per week, ten (10) hours each day, meal times to be included duringthe ten hour shift with three consecutive i e days off. 2. 7-11.5 Plan The "7-11.5"work schedule will be implemented for designated employees of . the Patrol Bureau only and shall consist of a 14-day 7(K) FLSA workweek. a. Workday A work day for employees assigned to the 7-11.5 work schedule will consist of 11 hours and 25 minutes of work, meal times to be included in the shift. b. Work Period For those employees working 11 hours and 25 minutes a day, the "work period" will consist of two consecutive weeks with 3 consecutive shifts of 11 hours and 25 minutes in one week and 4 consecutive shifts of 11 hours and 25 minutes in the second week. The total hours of these two consecutive weeks shall be considered equaling eighty (80) hours. The two-week cycle then repeats itself. 21 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION • B_ Overtime Non-exempt employees shall receive compensation at the rate of time and one- half (1 Y2) of their regular rate of pay for all time worked in excess of their regularly scheduled shift and/or 80-hours in a 14-day work period. C_ Exempt Administrative Time (Captains and Lieutenants) Police Captains and Lieutenants represented herein are exempt employees as to the Fair Labor Standards Act (FLSA) and as such, unless specifically allowed by the FLSA, shall not be disciplined in the form of suspension of less than a week for non-safety violations and shall not be eligible for overtime compensation except in the following instances: 1. When such employees are required to fill a full, or partial work shift that is not part of the employee's regular work schedule_ Partial shift shall mean five (5) hours or more of a work shift. In such an instance, the employee may be compensated at the rate of one and one-half (1 %2) hours for each hour worked in the form of straight time pay or compensatory time off. Such time shall not accrue in excess of one hundred and forty (140) hours. Effective the first full pay period following City Council ratification of this Memorandum of Understanding, compensatory time shall not accrue in • excess of one hundred and sixty(160) hours. 2. Police Captains and Lieutenants will be entitled to five days or fifty (50) hours administrative time off per year_ Unused administrative time shall not carry over to the next year. D. Time and One Half(Sergeant Police Sergeants shall receive time and one half their salary rate for all time worked in excess of 40 hours during any given 14-day workweek. E. Compensatory Time in Lieu of Overtime (Police Sergeant and Senior Police Sergeant) An employee may elect to receive compensatory bank time in lieu of overtime pay to a maximum of one hundred forty (140) hours. Effective the first full pay period following City Council ratification of this Memorandum of Understanding, employees may bank a maximum of one hundred and sixty hours (160) hours of compensatory time. 22 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION • ARTICLE XIII -- EDUCATIONAL PAY A. Professional Achievement Reward Program Police Captains and Lieutenants who have received certification for completion of the FBI National Academy and/or the. POST Command College shall receive an additional $65 per month for each certificate. All unit employees that have completed the POST Supervisory Leadership Institute shalt receive $80 per month. No employee shall receive more than $145 for professional achievement. B. Educational Incentive Plan {Police Sergeant and Senior Police Sergeant) 1. The Educational Incentive Plan shall be continued for employees as follows, except that no more than thirty (30) units of approved life- experience credits may be accepted toward educational incentive pay: Maximum College Education Training Years of Units Incentive POST College HBPD Required Monthly Level Certificate Units Units Points Service Annually Amount • I Intermediate 30 20+ 10 1 6 $ 115 11 Intermediate 60 40+ 20 1 3 $ 170 111 Advanced 90 60+ 30 2 3 $ 330 IV Advanced 120 0 3 3 $ 330 V Advanced 150 120+ 30 1 3 1 0 J $ 330 2. Stipulations a. College major shall be Police Science, Criminology, Political Science, Sociology, Law, Business Administration, Public Administration, Psychology or closely similar field as approved by the Chief of Police. b. Initial eligibility must be approved by the Chief of Police. An acceptable yearly performance evaluation, signed by the Chief of Police is required. No incentive shall be taken away without just cause. c. Training points approved by POST may be substituted for college units, • on the following schedule: 10 of 30, 20 of 60, and 30 of 90. 23 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION d. Pay to be effective first month following approval. • e. After 120 units of B_A_ or POST approved training points may be .substituted for college units without limit. f. Repeat college courses credited as determined by the college. g. Repeat POST approved seminars, institutes, etc., credited as determined by the Chief of Police. h. All college units require grade of"C" or better to qualify. i_ Obtaining transcripts or other acceptable documentation is employee's responsibility_ j. Employee may choose between POST training points or college units where a choice is available. No change allowed once choice is made. No double credit allowed. ARTICLE XiV-- MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the Chief of Police retains all rights, powers and authority with respect to the management and direction of the performance • of police services and the work forces performing such services, provided that nothing herein shall change the City's obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the Chief of Police or the City the right to make unilateral changes in wages, hours and terms and conditions of employment. Such rights include, but are not limited to, consideration of the merits, necessity, level or organization of police services, including establishing staffing requirements, overtime assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable for the performance of City services. ARTICLE XV--TERM OF MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding shall be in effect for a term commencing on January 1, 2004, and ending at midnight on June 30, 2006- Except as expressly provided herein, no further improvements or changes in the salaries and monetary benefits of the employees represented by the Association shall take effect during the term of this Agreement unless agreed upon by the City and the Association. It is understood that the parties are continuing to meet and confer regarding non-monetary matters such as Personnel Rule changes. Any matters agreed upon resulting from such meeting and conferring will be the subject of a separate addendum to this . Agreement. 24 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION 2004-2006 MEMORANDUM OF UNDERSTANDING ARTICLE XVII -- CITY COUNCIL APPROVAL • It is the understanding of the City and the Association that this Memorandum of Understanding is of no force or affect 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 2005. HUNTINGTON BEACH CITY OF HUNTINGTON BEACH POLICE ANAGEMENT ASSOCIATION By: 4AaB . P nelope Culbreth-Gfaft,C Administrator Irwin Feuerstein, HBPMA Treasurer ity _ By: If By: Of J it a Yo s e Leh,an Reso es Manager Craig .! gi er, B A Secretary By: • _. Willia tuart, HBPMA ByXBrianWeitz, A APPROVED AS TO FORM: C By: L By —CAennifer McGrath, City orney MA 04-06 PHA FINAL 7-19-05 25 POLICE MANAGEMENT ASSOCIATION EXHIBIT A—SALARY SCHEDULE Effe ctive January 1, 2005 (4%wage increase) Monthly Rates Step Job Code Classification E556 A B C D E 0159 Police Sergeant $6,049 $6,382 $6,733 $7,104 $7,494 0234 Police Lieutenant 604 $7,687 $8,110 $8,556 $9,026 $9,523 0233 Police Captain 636 $9,018 $9,514 $10,037 $10.588 $11.171 Effective January 1, 2005 (4%wage increase) Step Job Code Classification Range A B C D E 59 Police Sergeant 556 $34.90 $36.82 $38.85 $40.99 $43.24 0234 Police Lieutenant 604 1 $44.35 $46.79 $49.36_ $52.08 $54.94 0233 Police Captain 636 $52.03 $54.89 $57.91 $61.09 $64.45 Effective March 26, 2005 Monthly Rates Job Code Classficedon Rar ge A B C D E 0514 Senior Pdjoe Sergeant 566 %360 %709 $7,078 $7,468 $7,878 Effective March 26, 2005 Step Code Classification mange A B C D E 0514 Sena F doe Sergeant 566 $36 69 $38-71 $40.84 $4a09 $4546 26 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION EXHIBIT A—SALARY SCHEDULE • Effective December 31, 2005 (4%wage increase) Monthly Rates Step 0159 Police Sergeant 564 $6,295 $6,641 $7,007 $7,392 $7,800 0154 Sr Police Sergeant 574 $6,617 $6,981 $7,365 $7,772 $8,199 0234 Police Lieutenant 612 $7,997 $8,437 $8,902 $9,392 $9,909 0233 Police Captain 644 $9,384 $9,900 $10,444 $11,019 $11,625 Effective December 31, 2005 (4%wage increase) Step Job Code aassificadon Range A B C D E 7 0159 Fblioe Sergeant 564 $36.32 $M,?2 $4Q43 $4265 $45�00 0514 &Pdioe Sergeant 574 $3&18 $4028 $4250 $44.84 $47.31 0234 Pdm Lieutenant 612 $4614 $4&68 $51.36 $54.19 $57.17 0233 I Pblioe C.IDUn 644 $5414 $57.12 $6025 $6357 $6707 • 27 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION EXHIBIT B-SERVCIE CREDIT SUBSIDY PLAN 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. Employees who have retired since October 1, 2003 to the date of ratification of this Memorandum of Understanding, and are eligible for the Service Credit Subsidy but did not elect it at the time of retirement, shall again be offered the medical Service Credit Subsidy. 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 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_ 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 28 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION EXHIBIT B—SERVCIE CREDIT SUBSIDY PLAN 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. Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. 6. Service Credit Subsid v Payment shall not exceed the dollar amount which is equal to the qualified medical Y e9 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 prior to retirement exceeds ten (10), continuous years of regular (permanent) service, shall be entitled to maximum monthly Service Credit Subsidy by the City for each year of completed City service as follows: 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 2.10 17 225 18 240 19 255 20 270 21 285 22 299 23 314 24 329 25 343 29 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION EXHIBIT B—SERVCIE CREDIT SUBSIDY PLAN 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 iV_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 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. 30 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION EXHIBIT C—ADMINISTRATIVE APPEAL PROCEDURE • 1) Authority a. Rule 19 of the existing City Personnel Rules provides an administrative procedure for appealing any discipline that involves a loss in pay. Rule 19 applies to all permanent City employees. b. Government Code Section 3304(b) allows that an appeal procedure be made available to all "public safety officers" (as defined at Government Code § 3301) for the following "punitive actions:" (i)official reprimands; (ii) punitive transfers that do not involve a loss of pay, and (iii) non- punitive transfers that does result in a loss of pay. Such actions will be collectively referred to as an "Action." Case law allows such an appeal procedure to be more limited than afforded under Rule 19. c. This administrative appeal procedure is intended to establish the Administrative Arbitration Panel to hear appeals from public safety officers. This administrative appeal procedure only applies to an "Action" as defined above in "b." It does not apply to a non-punitive transfer imposed on a public safety officer that does not result in a loss of pay. (Government Code §3304(b). • 2) Administrative Arbitration Panel a: Appeals will be heard by a neutral fact finding group of three city employees. b. Only active full-time employees of the City of Huntington Beach Police Department may serve on the Administrative Arbitration Panel. The Panel is comprised of one employee selected by the PMA one employee selected by the Chief of Police, and the third employee selected by mutual agreement between the first two Panel members. If no agreement can be reached, the "strike-out" process will be used to select the third Panel member, with the PMA and the Chief each submitting four names for consideration. A coin toss will determine the party striking first with the PMA reserving the right to call the coin or defer. c. The panel member selected by the Chief of Police, the PMA, and the panel member selected by the Chief of Police and the PMA shall each select one alternate to the panel to serve in place of a panel member who has direct involvement in the punitive action or is a party to the issue. d. A Panel member will serve one year. 31 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION EXHIBIT C—ADMINISTRATIVE APPEAL PROCEDURE e. If the Panel member selected to serve on an Administrative Arbitration • Panel has direct involvement in the punitive action or is a party to the issue, he or she will be replaced by the alternate. 3) Appeal Notice a. An appealing officer has five (5) calendar days from date of receipt of an "Action" to file a written appeal with the Police Chief; otherwise, the "Action" shall stand as issued with no further rights to appeal. b. if an officer chooses not to appeal an "Action, " they may submit a written rebuttal within thirty (30) days from date of receiving the "Action." The written rebuttal will be filed with the "Action" in the officer's official personnel file. 4) Scheduling of Hearing Upon receipt of the written appeal notice, the Chief of Police is required to immediately.request the Administrative Arbitration Panel to convene for a hearing. The Administrative Arbitration Panel is required to convene within thirty(30)days of receiving notice from the Police Chief. 5) Hearing Procedure • a. All hearings shall be closed to the public unless the disciplined officer requests a public hearing. b. All hearings shall be tape-recorded. c. The Administrative Arbitration Panel shall hear testimony from the appealing officer and the Department (specifically, the officer who investigated the conduct that led to the Written Reprimandwritten reprimand). Testimony shall not exceed one hour from each side and an additional fifteen (15) minutes shall be given to each for rebuttal. The Department shall be heard first. d. If an appealing officer wishes to submit a written argument in lieu of oral testimony, the officer may do so provided that the opposing party is notified. The written testimony may not exceed one thousand five hundred (1,500)words. The written testimony must be submitted to the Administrative Arbitration Panel and the Chief of Police by no later than three (3)days in advance of the scheduled hearing. e. There is no right to sworn testimony, subpoenas, cross-examination or representation by third parties, including attorneys, at the hearing. • f. In all "Actions" involving punitive discipline, the burden of proof shall be on the Department to show by a preponderance of the evidence that 32 04-06 PMA FINAL 7-19-05 POLICE MANAGEMENT ASSOCIATION EXHIBIT C-ADMINISTRATIVE APPEAL PROCEDURE just cause exists for imposing discipline. In all non-punitive "Actions" • (e.g., a non-punitive transfer that results in a loss of pay), the burden of .proof shall be on the Department to show by a preponderance of the evidence that reasonable grounds exist for the transfer. 6) Rendering of Decision by the Administrative Arbitration Panel a. At the conclusion of the hearing, the Administrative Arbitration Panel shall deliberate in closed session. b. The decision of the Administrative Arbitration Panel is binding with no further rights to appeal. c. The decision of the Administrative Arbitration Panel must be issued in writing to the appealing officer within seven (7) calendar days from the conclusion of the hearing. d. The member of the Administrative Arbitration Panel who was selected by the PMA and the Chief of Police shall be responsible for preparing and distributing the decision with a copy to both parties. e. The decision shall include the following: • ➢ Sustained ("Action" stands) ➢ Not Sustained ("Action" does not stand) f. In the event an officer's "Action" is Sustained, the officer may, within five (5) calendar days from the date of the Administrative Arbitration Panel's decision, file a written rebuttal. The written rebuttal will be filed with the "Action" in the employee's official personnel file, along with the tape recording of the hearing. 33 04-06 PMA FINAL 7-19-05 EXHIBIT D VOLUNTARY CATASTROPHIC 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. Permanent employees who accrue vacation, general leave or compensatory time may donate such leave to another permanent 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-sharingLeave 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 ( P P ,arent,child spouse or domestic partner). 3. Eligible Leave Accrued compensatory, vacation or general 1 hour leave s may be donated. The g Y 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. 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 regular salary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a 34 04-06 PMA FINAL 7-19-05 y . EXHIBIT D VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM • 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 Division (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. 6. Other Please contact the Human Resources Division on questions regarding staff participation in this program_ 35 04-06 PMA FINAL 7-19-05 EXHtDlT D VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Request Form According to the provisions of the leave Donation Program;I>hereby request donated vacation, general leave or 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. �Namw.{Please)Pint) ork Phone: partment: ob Title: Floyee ID#. # Requester Signature ate: i Department Director Signature of Support: ate: in S Please return to the Human Resources Division for processing. 36 04.06 PMA FINAL 7-10-05 EXHIBIT D VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete onor Name:(Please Print) ork Phone: Ionor Job Title: _s Hours of Vacation,Comp or General leave I Wish to Donate: 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,comp or general leave hours to the Leave Sharing Donor, please complete onor Name:(Please Print) ' ork Phone: 1 onor Job Title: 1 ours of Vacation,Comp or General leave I Wish to Donate: I understand that this voluntary donation of leave hours, 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,comp or general leave hours to the Leave Donation Program for: Eligible recipient employee's name: i -----__ __.___. _ __.----------__-----.____------------------ ------.___—_ _------__..---_............... ._. _____..-------- ---_- Donor Signature ate: Please submit to payrollPayroll in the Human Resources Division. • 37 04-06 PMA FINAL 7-9 9-06 w. - � ., .. „ ; � �; .- _ ,. 1 ��<. ,, �,` f 1�' fi .. � ,t { `. `� }': / i"w ... .. .(� _ ,.. � '_ - a ' �. .. - .. .::, .. .� �. � i "}rd � i . ... .... .'S. � "� k' v ��. � `�.. Z i i 'rl� w. �_ - ,, �� ; F ,. �� r .:: -. ,. .a d� ,. ,.._ K . .w,.4 .. �:. .'. i y > t .� � z .. .. _ _ � v .. J., n, _v" .. r' .. CITY OF HUNTINGTON BE MEETING DATE: August 1, 2005 DEPARTMENT ID NUMBER: AS-05-016 r Council/Agency Meeting Held: Deferred/Continued to: XL.Approved ❑ Conditionaily Approved ❑ Denied Ity e s Sig a re Council Meeting.Date: August 1, 2.005 Departm D Number: AS-05-016 o CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION cu SUBMITTED TO: HONORABLE MAYOR AND CITY CO NCIL MEMBERS � �= SUBMITTED BY: PENS PE CU BRETH-GRAFT, C1 ADMINISTRATOR �; n PREPARED BY: CHARLES THOMAS,ACTING DIRECTOR OF ADMINISTRATIV SERVICES SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING`BETWEEN THE CITY AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Should the City and the Huntington Beach Fire Management Association (FMA) enter into a new Memorandum of Understanding (MOU) covering the period January 1, 2005 through June 30, 2006? Funding Source: Funding is included in the Fiscal Year 2004/2005 budget and will be included in the Fiscal Year 2005/2006 budget. The cost to implement the FMA Memorandum of Understanding is $32,100 in Fiscal Year 2004/05 and $52,013 in Fiscal Year 2005106. Recommended Action: Adopt Resolution No. cxfa- , 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 FMA for the term of January 1, 2005 through June 30, 2006. Alternative Action(s): Do not approve the Resolution for employees of the FMA and direct staff to either attempt to continue to meet and confer with the Association or utilize the impasse procedures under the 0ity's Employer-Employee Relations Resolution. 2005-06 FMA Reso RCA 08-01-05 7/22/20051:39 PM REQUEST FOR COUNCIL ACTION MEETING DATE: August 1, 2005 DEPARTMENT ID NUMBER: AS-05-016 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 January 1, 2005 through June 30, 2006. Proposed pay and benefit changes include the following: Salary -4% salary increase effective 1/1/05 -4% salary increase effective 9/24/05 Insurance Coverage - City (employer) contribution to medical, dental, life and vision insurance premiums shall not increase for the term of the agreement - Increase to dental (PPO)plan annual maximum benefit from $1,000 to $2,000 - Increase to Life and Accidental Death & Dismemberment (AD&D) Insurance coverage from $45,000 to$50,000 A summary of these and other negotiated provisions are included as Attachment#1. Environmental Status: Not Applicable qkttachment(si- City NumberPage No. Description Proposed Changes in Terns and Conditions of Employment 1 between City of Huntington Beach and Huntington Beach Fire Management Association FMA Resolution to Adopt Memorandum of Understanding between 2 the City of Huntington Beach and the FMA for January 1, 2005 through June 30, 2006 C^J05- Legislative draft - Memorandum of Understanding between 3 the City of Huntington Beach and the FMA for January 1, 2005 through June 30, 2006 Final Memorandum of Understanding between the City of c Huntington Beach and the FMA for January 1, 2005 through A June 30, 2006 70 A-A + a. RCA Author. Irma Youssefieh 2005-06 FMA Reso RCA 08-01-05 71211200510.45 AM j RESOLUTION NO. Zoo 5-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF • HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION(FMA) AND THE CITY OF HUNTINGTON BEACH FOR JANUARY 1,2005 THROUGH JUNE 30,2006. 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 apart 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 January 1,2005,through June 30, 2006. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1 st day of August ,2005 REVIEWED AND APPROVED: APPROVED AS TO FORM: City Administrator City Attorney tZ �[D� t INITIATED AND APPROVED: Departm nt of A inistrative S rvices 171111114Resourc Manag • 05resMH BFMA y Res.No. 2005-49 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN 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 field on the 1 st day of August, 2005 by the following vote: • AYES: Hansen, Coerper, Sullivan, Green, Bohr NOES: None ABSENT: Hardy, Cook ABSTAIN: None cftfklerk and ex-officio erk of the City Council of the City of Huntington Beach, California • • � [ EXHIBIT A Memorandum of Understanding Between Huntington Beach Fire Management Association And City of Huntington Beach January 1 , 2005 — June 30, 2006 r MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS • PREAMBLE.....---.......................................................................................................... 1 ARTICLE I -TERM OF MOU.---•------•-.......-•................................•--.............................. '1 ARTICLE 11 -REPRESENTATIONAL UNIT........................................:........................ 1 ARTICLE III - SEVERABILITY ....................................................... ...... 1 ARTICLE IV- SALARY ACHEDULES AND RETIREMENT........................................ 2 A. MONTHLY COMPENSATION.................................................... •----•------......--....._.........--- .......2 1. Wage Increases...................................................................................------....-------•-•------••----•----......2 2. Salary Study.........................................:............--•--...-------•--•••--------•----•---•-•---------......._....•--••-..........2 B. CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM(CALPERS) PICK-UP........................3 C. SELF FUNDED SUPPLEMENTAL RETIREMENT BENEFIT----------------............................................3 D. MEDICAL INSURANCE UPON RETIREMENT....._..•....................................................................3 E. CALPERS ADDITIONAL BENEFITS........................................................................................4 F. DIRECT DEPOSIT.................................................................................................................4 ARTICLE V —SPECIAL PAY......................................... ........----•-.........................4 A. .EDUCATIONAL TUITION ....--••..................•-----•-••-----...-•-•--....•-••--........._...._......_.........._...........4 B. HOLIDAY PAY-IN-LIEU..........................................................................................................5 C. BILINGUAL SKILL PAY.................................. .........._..._....................5 D. PROFESSIONAL ACHIEVEMENT AWARD.................................................................................6 ARTICLE VI— UNIFORMS................................................................ ....................... 6 A. WORK SCHEDULE ........................................................•-6 B. COMPENSATORY PAY........................................•--•-...-•--- ------..----6 ARTICLE Vill—HEALTH AND OTHER INSURANCE BENEFITS............................... 7 A. HEALTH----------------••------......................--•---........-•..--..•........•...--------............--•-•---.....----•••----_7 1. Effective Date of Coverage...................... ......................................................7 2. California Public Employees'Retirement System(CaIPERS)Public Employees'Medical and Hospital Care Act(PEMHCA).............................. ----•----•-•-•--•-•-••-•-----•-•-----••-----•---....---•--•----••-•-•-•---7 a- PEMHCA Employer Contributions..............................................................................................7 b. Maximum Employer Contributions.••---•---••-•---•--••-----•--••••-•-•---•••-•-------•---•--•-•••••--•-•-••--------•- .......8 3. Dental Insurance.............................................................................................................................8 4. Retiree(Annuitant)Coverage.........................................................................................................8 05-06 FMA FINAL 07-18-05 i MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS • a. City Contribution(Unequal Contribution Method)for Retirees....................................................9 b- Termination of Participation in the CAPERS PEMHCA Program—Impact to Retirees-------------9 5. Additional Costs for Participation in the PEMHCA Program...........................................................9 a Retiree and/or Annuitant Coverage.........................................................................................:..9 b. Termination Clause...............................................................•---..............---------...:.......•........---.10 6. Medical Cash-Out.........................................................................................................................11 B. SECTION 125 EMPLOYEE PLAN..........................................................................................10 C. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT...........................................................11 D. LONG TERM DISABILITY INSURANCE...................................................................................11 E. MISCELLANEOUS.........................................•------.................-----...--•-•----.............................11 1. City Paid Premiums While on Medical Disability...........................................................................11 2. Insurance and Benefits Advisory Committee................................................................................11 3. Health Plan Over-Payments----•..........................•----.............-----......----........------................--.........12 a. Reduction of Employee's Bi-Weekly Salary Warrant...............................................................12 b. Notice of Ineligible Dependents................................................................................................12 c. Twelve Month Recovery Period................................................................................................12 ARTICLE IX LEAVE BENEFITS................................................................................. 12 A. GENERAL LEAVE...............••--•-•----•---------..................-•---•--•---------•---..........---.....----.............12 1. Accrual..........................................................................................................................................12 2. Eligibility and Approval.......................................... .......................................................................13 3. Conversion to Cash------------------------------•-----........------......------------......------....--------.... .....................13 4. Family Sick Leave.........................................................................................................................13 B. SICK LEAVE -A...................•... •-•..............................................14 1. Accrual-----•...............................•------...----------............---------..........-------•-•-----....----•-•..............--------..14 2. Credit..-----•.................................................._....------......-----.......-----------...------........----•..........-•---•--.14 3. Usage............................................................................................................................................14 4. Family Sick Leave.......................•---•------...-------•--•--•-•-•--•---....-------•------------....---•---••---....................14 5. Pay Off At Termination...................................................................................................................14 C. BEREAVEMENT LEAVE .........................................••----•---.............••-•-----•--...........................15 D. FAMILY LEAVE...................................................................................................................16 ARTICLE X-CITY RULES....................... ........ 16 r A. PERSONNEL RULES...................•--......----.......---. .................16 1. Rule 5 Recruitment and Examination Procedure........................................................................16 a_ 54 Order of Certification..........................................................................................................16 b. 5-14 Promotional Exams..........................................................................................................17 • 2. Rule 7—Discipline----------------•---------....---------•----------••------•--••--------------------•--.•---•-.............----------•-..17 a. 7-2 Causes for Discipline .......................................... ----------------•------•-------------- .......................17 3. Rule 8—Termination.....................................................................................................................17 05-06 FMA FINAL 07-18-05 ii MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS • a. 8-1 Medical Examination. Evaluation of Employee's Work Capacity, Demotion,Transfer or Termination of Appointment.................................................................... ------------------........--------...17 b. 8-3 Layoff in Accordance with Length of Service.....................................................................18 c. 8-11 Re-Employment................................................................................................................18 4. Rule 12 Classification Plan--------------------------•--•- -•---••-------........--•----------------•--....---------•-............_...18 a. 12-10 Temporary Employees------------•---•..................................................................................18 5. Rule 14—Additional Pay and Pay Adjustments............................................................................19 a. 14-6—Salary Advancements to Meet Recruiting Problems or to Give Credit for Prior Service- Application for Other Advancements............................................................................................19 6. Rule 18—Attendance and Leaves................................................. --........---........------.........---.......10 a. 18-16—Industrial Accident Leave.........................................................•......._..........................19 b. 18-19—Maternity Leave................................................................•---..................-------•--...........21 c. 18-20 0 Leave of Absence without Pay....................................................................................21 7. Rule 19—Grievance Procedure Non-Disciplinary Matters............................................................21 a. 19-5—Grievance Procedure....-•-----•------•------------------------ ............................................... ......21 8. Rule 20—Disciplinary Procedure and Appeal...............................................................................22 a. 20-1 —Purpose.........................................................................................................................22 b. 20-2—Disciplinary Procedures.................................................................................................22 c. 20-3—Appeal to Personnel Commission.................................................................................23 d. 20-4—Supplemental Hearing by Personnel Board..................................................................23 . e. 20-5—Employee Status on Pending Appeal............................................................................24 9. Rule 21 —Grievance Procedures—General............................................................:....................24 a. 21-7-Hearing Officer...............................................................................................................24 b. 21-12—Time. Extension of.-------••------•---• -•-------••--•--...---•.........................•----------....------...........24 c. 21-13,Time Extension of,Grievances........................................................... ......................... B_ RULES GOVEhNING LAYOFF, REDUCTION IN LIEU OF LAYOFF AND RE-EMPLOYMENT.............24 1. Part 1 —Layoff Procedure......................................................... .......------....................24 a. General Provisions....-----•.......................................................................................•---•........_....24 b. Service Credit........................................................................................................................... c. Transfer or Reduction to Vacancies in Lieu of Layoff.............:................................................25 2. Order of Layoff..............••.....----....------....-----------................-----........---............------......._..................26 3. Notification of Employees-------•-----•--••..........................................:.................•------...............-----_...27 4. Part 2—Bumping Rights................... . ......................28 a. Voluntary Reduction or Bumping in Lieu of Layoff...................................................................28 b. Reinstatement/Re-employment Lists ......................................_................................................28 c. Qualifications Appeal................................................................................................................28 d. Qualifications Appeal Hearing-----••---------------•-...................--------•--------•---............................._....29 5. Part 3—Re-employment...............................................................................................................29 a. Re-employment........................................................................................................................29 b. Status on Re-employment................................................-----•..................................................30 ARTICLE XI- MISCELLANEOUS ...................................................................•......... 30 05--06 FMA FINAL 07-18-05 iii MEMORANDUM OF UNDERSTANDING HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE OF CONTENTS A. VEHICLE POLICY...............................................................................................................30 B. DEFERRED COMPENSATION LOAN PROGRAM......................................................................31 C. ASSOCIATION BUSINESS....................................................................................................31 ARTICLE XII- CITY COUNCIL APPROVAL............................................................. 32 EXHIBIT A-SALARY SCHEDULE........................................................................... 34 EXHIBIT B-SERVICE CREDIT SUBSIDY............................................................... 36 EXHIBIT C- DELTA CARE (PMI) DENTAL PLAN....................................................40 EXHIBIT D- DELTA DENTAL- DENTAL PLAN......................................................41 EXHIBIT E-VISION SERVICE PLAN...................................._..................................42 • 05-06 FMAFINAL 07-18-05 iv MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA (Herein Called CITY) AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION (Hereinafter Called ASSOCIATION) PREAMBLE WHEREAS, the designated representative of the City of Huntington Beach and the Huntington Beach Fire Management Association have met and conferred in good faith With respect to salaries, benefits and other terms and conditions of employment for the employees represented by the Association; Except as expressly provided herein, the adoption of this Memorandum of Understanding (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 January 1, 2005 and it is agreed as follows: • ARTICLE I —TERM OF MOU This Agreement shall be in effect for a period of eighteen (18) months commencing 'January 1, 2005 and ending at midnight on June 30, 2006. 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 ill —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 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. 05-06 FMA FINAL 07-18-05 1 FIRE MANAGEMENT ASSOCIATION ARTICLE IV—SALARY SCHEDULES AND RETIREMENT • A. Months 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_ 1. Wage Increases a. Effective January 1, 2005, all bargaining unit employees shalt receive a 4% (four percent)wage increase- b. Effective September 24, 2005, all bargaining unit employees shall receive a 4% (four percent)wage increase. 2. Salary Study On or before February 1, 2006, representatives of the parties will conduct a joint study that compares the total compensation, as defined below, of classifications in the unit to the total compensation of comparable employees working for the Fire Departments described below, provided that those agencies may be altered by mutual agreement of the parties. The parties shall make every effort to complete the study on or before March 31, 2006. • The City shall have no obligation to take any action regarding the compensation of employees covered by this Agreement based upon the results of that study_ The ingredients of compensation used for comparison purposes shall be those in effect at the time of the study, except that, where the parties have identified increases to become effective by the end of the first pay period in July 1, 2006, the increased levels of. compensation shall be used. The following ingredients of total compensation shall be considered, along with any others mutual) agreed u f yupon by the parties: base salary, the value o employer ployer payments of required employee retirement contributions, the value of employer contributions towards the payment of premiums for medical, dental, vision and long-term disability insurance, the maximum amount of specialty pays (i.e., assignment bonuses) that any one employee is capable of earning, the maximum longevity payment, the maximum educational incentive bonus, ,the maximum certification pay, the value of the maximum leave accruals and the value of any enhanced retirement formulas. The parties shall make every effort to agree upon the methodology of calculating the value of these ingredients. As part of that process, the parties may agree to remove and/or add other ingredients of pay to the definition of total compensation_ 05-- FMA FINAL 07-18-05 2 FIRE MANAGEMENT ASSOCIATION The Fire Departments that will be used for comparative- purposes, unless changed by mutual agreement of the parties, are as follows: Orange County Fire Authority, Santa Ana Fire Department, Anaheim Fire Department, Costa Mesa Fire Department, Torrance Fire Department, Los Angeles County Fire Department, Fountain Valley Fire Department, Newport Beach Fire Department, Glendale Fire Department, Los Angeles City Fire Department, and Long Beach Fire Department. B. California Public Employees' Retirement System (CalPERS) 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 special pay as a pickup of the employee's contribution, or portion of such contribution, to the CalPERS. The above CalPERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. C. Self Funded Supplemental Retirement Benefit Employees hired prior to August 17, 1998 are eligible for the Self Funded Supplemental Retirement Benefit, which provides that: 1. In the event a member elects Option #2 (Section 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 member would have received for his or her life alone. This payment shall be made only to the member, shall be payable by the City during the life of the member, and upon that member's death, the City obligation shall cease. The method of funding this benefit shall be at the sole discretion of the City. This benefit is vested for employees covered by this agreement. (Note: The options provide that the allowance is payable to the member until his or her death and then either the entire allowance (Option #2) or one-half of the allowance (Option #3) is paid to the beneficiary for life). 2. Employees hired on or after August 17, 1998 shall not be eligible for this benefit. D. Medical Insurance Upon Retirement As required by the Government Code, while the City is contracted with Ca1PERS 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. CaIPERS 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 05-06 FMA FINAL 07-18-05 3 FIRE MANAGEMENT ASSOCIATION 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 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. E. CalPERS 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 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 F. Direct Deposit All unit employees shall be required to utilize direct deposit of payroll checks. ARTICLE V— SPECIAL PAY A. Educational Tuition 1. Upon approval of the Department Head and the Human Resources Manager, permanent 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 Department Head and the Human Resources Manager_ 2. Education costs shall be reimbursed to permanent 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. 05-06 FMA FINAL 07-1.8-05 4 FIRE MANAGEMENT ASSOCIATION 3. Reimbursements shall be made when the employee presents proof to the Human Resources Manager 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 listed holidays at the rate of 3.0768 hours multiplied by the employee's hourly salary rate set forth in Exhibit A, payable each and every pay period. The following are the recognized legal holidays under this MOU. 1. New Year's Day(January 1) 2. Martin Luther King's Birthday (third Monday in January) 3. President's Day(third Monday in February) 4. Memorial Day(last Monday in May) 5. Independence Day(July 4) 6. Labor Day (first Monday in September) 7. Veteran's Day(November 11) 8. Thanksgiving Day(fourth Thursday in November) 9. Friday after Thanksgiving 10. Christmas Day (December 25) Any day declared by the President of the United States to be a national holiday, or by the Governor of the State of California to be a state holiday, and adopted as an employee holiday by the City Council of Huntington Beach. Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. Employees designated by the Fire Chief who are required to work regular shifts on the above listed holidays as set forth in this Article, shall not be entitled to time off or overtime. Subject to State Law and Regulations, compensation paid as a result of Article V.B. shall be reportable to PERS as compensation eamable. C. Bilingual Skill Pay Permanent employees who are qualified to use Spanish, Vietnamese, or Sign Language skills shall be paid an additional five-percent (5%) of their basic hourly rate in addition to their regular bi-weekly salary. Permanent employees may accept assignments utilizing bilingual skills in other languages on a short-term assignment with approval by the City Administrator. Such employees shall receive the additional five percent (5%) for every bi-weekly pay period that the • assignment is in effect. In order to be qualified for said compensation, employee's language proficiency will be tested and certified by the Human Resources Manager or designee. The special pay shall be effective the first full 05-06 FMA FINAL 07-18-05 5 FIRE MANAGEMENT ASSOCIATION pay period following certification as verified to the Department Head in writing by the Human Resources Manager or designee. iD. Professional Achievement Award 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 Manager, 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 VI— 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. ARTICLE VII—WORK SCHEDULE/COMPENSATORY PAYITIME 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 ( ) P P ( ) ty (24) hour shifts in a fifteen (15) day period with six (6) consecutive days off. Total hours worked in a calendar year will equal 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 2080 hours. B. Compensatory Pay 1. 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. Employees shall work thirty-five (35) hours of non-suppression overtime in a calendar year before earning compensatory pay or compensatory time off on an hour for hour basis for hours worked in excess of their regular normal work schedule. • 3. Compensatory Pay a. Compensatory pay is paid at the 40-hour straight time rate for each hour. 05-06 FMA FINAL 07-18-05 6 FIRE MANAGEMENT ASSOCIATION b. Compensatory time earned can be converted to cash at the member's 40-hour straight time rate. • c. Maximum accrual shall be 120 hours. ARTICLE Vill— HEALTH AND OTHER INSURANCE BENEFITS A. Health The City shall continue to make available group medical, dental and vision benefits to all association employees. 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 CalPERS 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 following sum per month toward the payment of premiums for medical insurance under the PEMHCA program. If the mandated minimum is increased from these figures, the City shall make the appropriate adjustments by decreasing its cafeteria contribution. 2004 $32.20 • 2005 $48.40 2006 $64.60 05--06 FMA FINAL 07-18-05 7 • 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 in the charts below. The amounts listed below include the mandated PEMHCA contribution. Delta Delta VSP PERS Dental Dental BS PERS Vision HMO PERSCARE PERSCHOICE PORAC KAISER (PPO) (HMO) EE $274.03 $373.77 $373.77 $373.77 $274.03 $42.88 $23.00 $17.58 EE+ 1 555.51 702.25 702.25 702.25 555.51 81.82 39.11 1 17.58 EE+2 or more 720.18 851.34 851.34 851.34 720.18 116.36 59.81 1 17.58 The employee shall not be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee. The City "caps" its contributions toward monthly group medical, dental and vision plan premiums, by category (EE, EE + 1, and EE + 2 or more) and plan as stated in the table above for the term of this agreement, even if premiums increase. • Employee contributions shall be made by payroll deductions on a pre- tax basis. 3. Dental Insurance Beginning January 1, 2005, the annual maximum benefit for the Delta Dental PPO plan will increase from $1000 to $2000. 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. 05-06 FMA FINAL 07-18-05 8 FiRE MANAGEMENT ASSOCIATION 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 City contributions on behalf of each retiree or annuitant- The following is an example of the sum per month toward the payment of premiums for medical insurance under the PEMHCA medical insurance program for a retiree or annuitant. The City shall make these payments only while the City is a participant in the PEMHCA program. 2004 $1.00 2005 $3.42 2006 $6.65 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 1" 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 VHt(A)(4)(a)above provides an example of expected payments per retiree or annuitant per month. 0"6 FMA FINAL 07-18-05 9 FIRE MANAGEMENT ASSOCIATION 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 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 to deposit into their Deferred Compensation account or any other pre-tax program offered by the City, so tong as the contribution is in accordance with applicable Internal Revenue Service (IRS) code or regulations. If the pre-tax contribution is not permitted by any applicable IRS code or regulation, an equivalent payment will be made payable as compensation on a bi-weekly basis and shall be taxable 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. 05-06 FMA FINAL 07-18-05 10 FIRE MANAGEMENT ASSOCIATION C. Life and Accidental Death and Dismemberment Each employee shall be provided with $50,000 life insurance and $50,000 accidental death and dismemberment insurance paid for by the City. Each employee shall have the option, at his or her own expense, to purchase 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. D. Long Term Disability Insurance This program provides, for each incident of illness or injury, a waiting period of thirty (30) calendar days, during which the employee may use accumulated sick leave, 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 percent of the first $12,500 of the employee's basic monthly earnings. The maximum benefit period for disability due to accident or sickness shall be to age 65. Days and months refer to calendar days and months. Benefits under the plan are integrated with sick leave, Worker's Compensation, Social Security and other non- private program benefits to which the employee may be entitled. Disability is defined as: "The inability to perform all of the duties of regular occupation during two years, and thereafter the inability to engage in any employment or occupation, for which he is fitted by reason of education, training or experience." Rehabilitation benefits are provided in the event the individual, due to disability, must engage in another occupation. Survivor's benefit continues plan payment for three (3) months beyond death. A copy of the plan is on file in the Human Resources office. E. Miscellaneous 1. City Paid Premiums While on Medical Disability When an employee is off work without pay for reason of medical disability, the City shall maintain the City paid employee's insurance premiums during the period the employee is in a non-pay status for the length of said leave, not to exceed twenty-four(24) months. 2. Insurance and Benefits Advisory Committee The City and the Association agree to participate in a Citywide joint labor and management insurance and benefits advisory committee to discuss . and study issues relating to insurance benefits available for employees_ 05--06 FMA FINAL 07-18-05 I I FIRE MANAGEMENT ASSOCIATION 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 shalt be reduced by one-half 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 IX - 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 40-hour or 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. 05-06 FMA FINAL 07-18-05 12 FIRE MANAGEMENT ASSOCIATION General Leave General Leave Years of Service Accrual Accrual • 40-Hour Rate 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 40- hour schedule shall not accrue general leave in excess of six hundred (600) hours, 56-hour employees shall not accrue general leave in excess of eight hundred and forty (840) hours. Employees may not use their general leave to advance their separation date on retirement or other separation from employment. • 3. Conversion to Cash Once during each fiscal year, each employee shall have the option to convert into a cash payment or deferred compensation up to a total of one hundred twenty (120) hours of earned general leave benefits. The employee shall give two (2) weeks advance notice of his/her desire to exercise such option. 4. Family Sick Leave As required by law, employees will be allowed to use up to one-half of their annual General Leave accrual for family sick leave, pursuant to the provisions of California Labor Code Section 233. The City will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law. Rights and obligations are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act(CFRA)_ 05-06 FMA FINAL 07-18-05 13 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 nonindustrial disability, or by death, or by retirement, employees shall be compensated at their then current rate of pay for seventy-five percent (75%) of all unused sick leave accumulated as of July 1, 1972, plus fifty percent (50%) of unused sick leave accumulated subsequent to July 1, 1972, up to a maximum of 720 hours of unused, accumulated sick leave, except as provided in paragraph 4 below_ Upon termination for any other reason, employees shall be compensated at their current 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 720 hours. • 05--06 FMA FINAL 0748-05 14 FIRE MANAGEMENT ASSOCIATION Example: Employee has 1920 hours of accrued sick leave. 1920 hours • multiplied by 50% equals 960 hours. Maximum pay off is 720 hours. -Pay off equals 720 hours multiplied by the employee's current 40-hour equivalent pay rate. b. Employees hired after November 20, 1978 shall be entitled, to the following sick leave payoff plan: Upon temfination, all employees shall be paid, at their then current 40- hour equivalent rate, for twenty-five percent (25%) of unused, earned sick leave to 480 hours accrued, and for thirty-five percent (35%) of all unused, earned sick leave in excess of 480 hours, but not to exceed 720 hours, except as provided in paragraph 4 below. c. Except as provided in paragraph 4 below, no employee shall be paid at termination for more than 720 hours of unused, accumulated sick leave. However, employees may utilize accumulated sick leave on the basis of "last in, first out" meaning that sick leave accumulated in excess of the maximum for payoff may be utilized first for sick leave, as defined in Personnel Rule 18-8. • d. Employees who had unused, accumulated sick leave in excess of 720 hours as of July 5, 1980, shall be compensated for such excess sick leave remaining on termination under the formulas described in paragraphs 1 and 2 above. In no event shall any employee be compensated upon termination for any accumulated sick leave in excess of the "cap" established by this paragraph (i.e., 720 hours plus the amount over 720 hours existing on July 5, 1980). Employees may continue to utilize sick leave accrued after that date in excess of such "cap" on a "last in, first out" basis. e. To the extent that any "capped" amount of excess sick leave over 720 hours is utilized, the maximum compensate amount shall be correspondingly reduced. (Example: Employee had 1,000 hours accumulated. Six months after July 5, 1980, employee has accumulated another 48 hours. Employee is then sick for 120 hours. Employee's maximum sick leave "cap"for compensation at termination is now reduced by 72 hours to 928 hours.) 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, children, grandfather, 05-06 FMA FINAL 07-18-05 15 FIRE MANAGEMENT ASSOCIATION grandmother, stepfather, stepmother, step grandfather, step grandmother, grandchildren, stepsisters, stepbrothers, mother-in-taw, 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 suppression assignments "56-hour workweek" 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. D_ Family 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). ARTICLE X—CITY RULES A. Personnel Rules The City and the Association agree to implement the following rules and accordingly revise the Personnel Rules as described herein: • 1. Rule 5— Recruitment and Examination Procedure a. 5-4— Order of Certification Whenever certification is to be made, the eligibility lists, if active and not exhausted shall be used in the following order 1) Re-employment list 2) Promotional list 3) Employment List If fewer than five (5) names of persons willing to accept appointment are on the list from which certification is to be made, then additional eligibles shall be certified from the various lists next lower in order of preference until five (5) names are certified. If there are fewer than five (5) names on such lists, there shall be certified the number thereon. In such case, the appointing authority may demand certification of five (5) names and examinations shall be conducted until five (5) names may be certified. In the event the appointing authority does not choose to appoint from the five (5) names certified, a new examination may be requested. In the event another examination is conducted, those names shall be merged with others • already on the list in order of scores. 05-06 FMA FINAL 07-18-05 16 • FIRE MANAGEMENT ASSOCIATION b. 5-14— Promotional Exams Promotional examinations may be conducted whenever, in the opinion of the Human Resources Manager, after consultation with the department head, the need of the service so requires; provided, however, a promotional examination may not be given unless there are two (2) or more candidates eligible. Only employees who meet the requirements for the vacant position may compete in promotional examinations. Promotional examinations may include any of the selection techniques, or any combination thereof, mentioned in Section 5-13. Additional factors including, but not limited to, performance rating and length of service may be considered. A promotional employment list shall be established after the administration of a promotional examination, and such list shall contain the name(s) of those that passed the examination. 2. Rule 7 — Discipline a. 7-2—Causes for Discipline 12) Possession, use or sale of illegal narcotics or habit-forming. drugs, while on-duty or on City property. 14) Conviction of any felony or a misdemeanor with a job nexus. A plea or verdict of guilt, or a conviction following a plea of polo • contendere, is deemed to be a conviction within the meaning of this section. 15) Participating in an unlawful strike, work stoppage, slowdown, or using or attempting to use sick leave to accomplish the same purpose as a strike, work stoppage, or slowdown. 3. Rule 8—Termination a. 8-1 —Medical Examination. Evaluation of Employees Work Capacity, Demotion, Transfer or Termination of Appointment At any time a department head has reasonable cause to believe that an employee may not be able to perform the duties of his/her position for physical or psychological reasons, such department head shall consult with the Human Resources Manager regarding such belief. If the Human Resources Manager concurs, the department head may order the employee to submit to a medical or psychological examination. The employee shall be offered the opportunity, in writing, to select from a panel of three to five physicians or psychologists to conduct the examination. The cost of such examination shall be paid by the City and, to the extent practicable, shall be scheduled during the work hours with no loss of pay. 05-06 FMA FINAL 07-18-05 17 FIRE MANAGEMENT ASSOCIATION The department head shall review the medical or psychological report and shall consult with the Human Resources Manager regarding the physician's assessment of the employee's ability to perform the duties of his/her position. Any decision regarding such employee shall be made in accordance with the Americans with Disabilities Act. Notwithstanding any other provision of this rule, an employee being evaluated for medical or psychological fitness to perform the duties of his/her position may apply for another position in the competitive service for which he/she has qualified. If such employee is qualified and can perform the duties of a lower paying vacant position for which he/she has applied, he/she will be placed in such position, without competitive examination, subject to the approval of the department head. (The City and Association agree to meet biannually to discuss the 8-1 process). b. 8-3— Layoff in Accordance with Length of Service The City and the Association agree that the first sentence in Personnel. Rule 8-3 shall be modified to read as follows: Layoff shall be made in accordance with the relative length of the last period of continuous service of the employees in the class of layoff, provided, however, that no permanent employee shall be laid off until all temporary, acting and • probationary employees in the competitive service holding positions in the same class are first laid off. c. 8-11 — Re-Employ With the approval of the Human Resources Manager, an employee •who has resigned in good standing from the competitive service may be re-employed to his/her former position, if vacant, or to a vacant position in the same or comparable class within one (1) year from date of resignation in accordance with Rule 5-21. If such re-employment commences within ninety days of the effective date of resignation, the employee shall not be considered a new employee for vacation and seniority purposes. 4. Rule 12 —Classification Plan a. 12-10 —Temporary Employees Employment on a basis other than permanent or probationary to a permanently budgeted position not to exceed 1000 hours in any twelve (12) month period. Employees occupying temporary positions shall not be included in the competitive service and shall not be subject to these rules and regulations. 05-06 FMA FINAL 07-1.8-05 18 t FIRE MANAGEMENT ASSOCIATION 5. Rule 14—Additional Pay and Pay Adjustments a. 14-6 — Salary Advancements to Meet Recruiting Problems or to Give • Credit for Prior Service. Application for Other Advancements The Department Head, through the Human Resources Manager and with the approval of the City Administrator may make an appointment at any step above the minimum salary rate to classes or positions in order to meet recruiting problems to obtain a person who has extraordinary qualifications, or to give credit for prior City service in connection with appointments, promotions, reinstatements, transfers, reclassifications, or demotions. Salary adjustments within the salary range for the class, other than merit salary adjustments authorized by Section 14-1, may be approved by the City Administrator, upon recommendation of the department ' head through the Human Resources Manager. Such recommendation shall include the reason(s) for the adjustment, whether the advancement is to be permanent or temporary, and an effective date. 6. Rule 18 —Attendance and Leaves a. 18-16— Industrial Accident Leave • In the event a permanent employee, who is a miscellaneous member of the Public Employees' Retirement System (PERS), is temporarily totally disabled as a result of an injury or illness arising out of and in the course of employment and covered by the State of California Workers' Compensation Insurance and Safety Act, resulting light duty assignments due to the injury or illness or absences from work shall be considered Industrial Accident Leave as that term is defined by this rule. A permanent employee eligible for Industrial Accident Leave shall receive compensation from the City in an amount equal to the employee's regular rate of salary during such period of temporary total disability. Benefits received under this rule shall be in lieu of statutory Workers' Compensation benefits. Industrial Accident Leave shall continue during all absences resulting from the injury or illness, including those absences attributable to doctol's appointments, therapy, or other follow-up medical visits, but in no case exceeding one year of accumulated absences attributable to the same injury or illness. In the event an employee is temporarily, totally disabled by coinciding qualifying injuries or illnesses, periods of absences shall be applied concurrently to all qualifying injuries or illnesses. 05--06 FMA FINAL 0748-05 19 t _ FIRE MANAGEMENT ASSOCIATION Industrial Accident Leave compensation shall begin on the first day an eligible employee is absent due to a qualifying injury or illness as defined above. Industrial accident Leave compensation will terminate • on the earliest of the following: 1) The date upon which the injury or illness giving rise to eligibility for compensation under this rule is declared permanent and stationary by a treating or examining physician; or 2) The date PERS approves an application for disability retirement benefits filed by the employee or by the City; or 3) The employee receives thirty (30) days advance notice and refuses to submit to a medical examination ordered by PERS pursuant to Government Section 21154 or otherwise refuses to cooperate with PERS in determining whether the employee is incapacitated for the performance of duty; or 4) The employee receiving Industrial Accident Leave Compensation applies for service-connected retirement benefits; or 5) The employment of the affected employee is otherwise separated. If an injured worker remains temporarily disabled after receiving one year of Industrial Accident Leave for accumulated absences or light duty work attributable to the same injury or illness, the employee will receive temporary total disability benefits as specified by the State of California Workers' Compensation Insurance and Safety Act. Any period of time during which an employee is absent from work by reason of injury or illness for which he or she is entitled to receive Industrial Accident Leave compensation will not constitute a break in continuous service for the purposes of salary adjustments, sick leave, vacation accruals, and length of service computation. in the event an employee who is receiving or has received Industrial Accident Leave compensation makes a claim or initiates legal action against a third party for allegedly causing or contributing to the injury or illness resulting in the inability to work, the employee is required to notify in writing the City's Risk Management Division of the claim or commencement of such action within ten (10) days of the claim or such commencement. The City retains its rights of subrogation in all such instances. 05-06 FMA FINAL 07-18-05 20 FIRE MANAGEMENT ASSOCIATION b 18-19-Maternity Leave • The City and the Association agree to modify the present Personnel Rule 18-19 Maternity Leave to read as follows: "A permanent employee shall be entitled to a leave of absence without pay due to inability to work due to pregnancy. The employee will be entitled to use available sick leave during this period. Said leave must be requested in writing from the Department Head and must include written notification from the employees physician stating the last day the employee may work and the estimated duration of leave. The employee must obtain written authorization to return to work from the attending physician. Said authorization must be filed with the Department Head and the Human Resources Manager." c. 18-20—Leave of Absence without Pay The City and the Association agree that the following sub-paragraph "C" shall be added to Personnel Rule 18-20. Leave of Absence without Pay: Leave of absence without pay, for medical disability reasons, shall be restricted to six (6) months_ 7. Rule 19 —Grievance Procedure Non-Disciplinary Matters a. 19-5 Grievance Procedure • 1) Step 4—City Administrator if the grievance is not settled under Step 3, the grievance may be presented to the City Administrator in accordance with the following procedure: Within fifteen (15) days after the time the decision is rendered under Step 3 above, a written statement of the grievance shall be filed with the Human Resources Manager who shall act as hearing officer and shall set the matter for hearing within fifteen (15)days thereafter and shall cause notice to be served upon all interested parties. The Human Resources Manager, or his representative, shall hear the matter de novo and shall make recommended findings, conclusions and decision in the form of a written report and recommendation to the City Administrator within five (5) days following such hearing. The City Administrator may, in his discretion, receive additional evidence or argument by setting the matter for hearing within ten (10) days following his receipt of such report and causing notice of such hearing to be served upon all interested parties. Within five (5) days after receipt of report, or the hearing provided for above, if such. hearing is set by the City Administrator, the City Administrator shall make written decision and cause such to be served upon the employee or employee organization and the Human Resources Manager. 05-06 FMA FINAL 07-18-05 21 FIRE MANAGEMENT ASSOCIATION 2) Step 5 Personnel Board Hearing Hearing. As soon as practicable thereafter, the Human Resources Manager shall set the matter for hearing before a hearing officer either selected by mutual consent of the parties or from a list provided by the Personnel Commission. Ratification of the hearing officer selected by mutual consent of the parties, if from a list approved by the Personnel Commission, shall not require separate approval or-ratification by the Personnel Commission. The hearing officer shall hear the case and make recommended-findings, conclusions and decision in the form of a written report and recommendation to the Personnel Commission. In lieu of the hearing officer process, the Personnel Commission may agree to hear a case directly upon submission of the case by mutual consent of the parties. 8. Rule 20- Disciplinary Procedure and Appeal a. 20-1 Purpose The purpose of this rule is to provide a procedure for recommending and imposing discipline against City employees, and a means by which an employees may administratively appeal any such disciplinary • action. b. 20-2— Disciplinary Procedures 1) Notice of Proposed Adverse Action For disciplinary demotions, suspensions or dismissals, an employee shall be served a written Notice of Proposed Adverse Action by the employee's department head, or his/her.designee, or by certified mail, prior to the proposed. disciplinary action taking effect. The notice shall state the reasons for and charges upon which the proposed action is based, and the effective date of the action the right to respond and the employer's right to representation. A copy of all materials upon which the proposed action is based shall be attached to the notice. 2) Employee's Right to Respond The employee shall be given a minimum of ten (10) calendar days to respond orally and/or in writing to the charges upon which the proposed action is based. The employee's response shall be made to and/or before his/her department head. .05-06 FMA FINAL 07-18-05 22 FIRE MANAGEMENT ASSOCIATION 3) Time Off The employee shall be given reasonable time off with pay to attend disciplinary meetings. 4) Final Notice of Decision After an employee has responded to or waived his/her right to respond to the proposed adverse action, the employee shall be served with a final Notice of Decision from his/her department head. The final written Notice of Decision shall state whether or not the proposed action shall be taken or modified, and the reasons therefore and effective date or the action. G. 20-3—Appeal to Personnel Commission Disciplinary action involving the termination, suspension, demotion or other reduction in pay may be appealed to the Personnel Commission for de novo hearing and final determination in accordance with the following procedure: 1) Request for Appeal Within five (5) days after the employee's receipt of a final Notice • of Discipline, a written request for an appeal to the Personnel Commission shall submitted to the Human Resources Manager. 2) Hearing As soon as practicable thereafter, the Human Resources Manager shall set the matter for hearing before a hearing officer. The hearing officer shall hear the case without the Board and shall make recommended findings, conclusions and decision in the form of a written report and recommendation to the Board. 3) Final Decision The Board shall consider the written report and recommendations of the hearing officer and after due deliberation in executive session, shall render a decision in the matter which shall be final and binding on all parties, and from which there shall be no further appeal. d. 20-4—Supplemental Hearing by Personnel Board • 1 The Board may, in its sole discretion after it has received the written report and recommendation of the hearing officer, set 05-06 FMA FINAL 07-18-05 23 ` FIRE MANAGEMENT ASSOCIATION the matter for private hearing for the purpose of receiving additional evidence or argument. In the event the Board sets a • private hearing for such purposes, the Human Resources Manager shall give written notice to all parties concerned in such matter. 2) The Board, following a consideration of the hearing officer's written report and recommendation and deliberation thereon and any supplemental hearing before the Board, shall make findings, conclusions and decisions which shall be final and binding on all parties and from which there shall be no further appeal_ e. 20-5 — Employee Status on Pending Appeal Notwithstanding the provisions of Rule 7, Section 7-4 (Suspension with Pay), the disciplinary action an appeal to the Personnel Commission. 9. Rule 21 — Grievance Procedures — General a_ 21-7 Hearing Officer The hearing officer provided for in Rules 19 and 20 shall be from a list provided by the Personnel Commission or one selected by mutual • consent of the parties. b. 21-12 Time. Extension of The City and the employee, or employee organization may, by mutual consent, extend the time period within which an act must occur in the processing of grievances. c. 21-13, Time Extension, Grievances The City and the employee, or employee organization may, by mutual consent, extend the time periods within which an act must occur in the processing of grievances. B. Rules Governing Layoff. Reduction in Lieu of Layoff and Re-Employment 1. Part 1 — Layoff Procedure a. General Provisions 1) Whenever it is necessary, because of lack of work or funds to reduce the staff of a City department, employees may be laid off pursuant to these rules. 05-06 FMA FINAL 07-18-05 24 FIRE MANAGEMENT ASSOCIATION 2) Whenever an employee is to be separated from the competitive service because the tasks assigned are to, ,be eliminated or substantially changed due to management-initiated changes, • including but not limited to automation or other technological changes, it is the policy of the City that steps be taken by the Personnel Division on an interdepartmental basis to assist such employee in locating, preparing to qualify for, and being placed in other positions in the competitive service. This shall not be construed as a restriction on the City government in effecting economies or in making organizational or other changes to increase efficiency. 3) A department shall reduce staff by identifying which positions within the department are to be eliminated. 4) The employee who has the least City-wide service credit in the class within the department shall have City-wide transfer rights in the class pursuant to Part 1, Section 3, Transfer or Reduction to Vacancies in Lieu of Layoffs, or within the occupational series pursuant to Part 2, Bumping Rights. 5) If a deadline within this procedure falls on a day that City Hall is closed, the deadline shall be the next day City Hall is open. b. Service Credit 1 Service credit means total time of full-time continuous service within the City at the time the layoff is initiated, including probation, paid leave or military leave. Permanent part-time employees ear service credit on a pro-rata basis. '2) Except as required by law, leaves of absence without pay shall not earn service credit. 3) As between two or more employees who have the same amount of service credit, the employee who has the least amount of service in class shall be deemed to be the least senior employee. c. Transfer or Reduction to Vacancies in Lieu of La yoff 1. In lieu of layoff, a transfer within class shall be offered to an employee(s) with the least amount of service credit in the class designated for staff reduction within a department subject to the following: a) The employee has the necessary qualifications to perform the duties of the position. b) The employee shall be given the opportunity, in order of service credit, to accept a transfer to a vacant position in the 05-06 FMA FINAL 07-18-05 25 FIRE MANAGEMENT ASSOCIATION same class within the .City, provided the employee has the necessary qualifications to perform the duties of the position. • c) if no position in the same class is vacant, the employee shall be given the opportunity, in order of service credit, to transfer to the position in the same class that is held by an incumbent in another department with the least amount of service credit whose position the employee has the necessary qualifications to perform. 2) If an employee(s) is not eligible for transfer within the employee's class, the employee shall be offered, in order of service credit, a reduction to a vacant position in the next lower class within the City in the occupational series in lieu of layoff provided the employee has the necessary qualifications to perform the duties of the position. 3) If the employee refuses to accept a transfer or reduction pursuant to A. or B., above, the employee shall be laid off. d. If the employee(s) in the class with the least amount of service credit is in the position(s) to be eliminated or displaced by transfer, the employee shall be offered bumping rights, pursuant to Part 2, Service Credit. e. Any employee who takes, a reduction to a position in a. lower class within the occupational series in lieu of layoff shall be placed on the reinstatement/reemployment list(s) pursuant to Part 3., Reemployment. 2. Order of Layoff a. Prior to implementing a layoff, vacant positions that are authorized to be filled shall be identified by City-wide occupational series. If the employee refuses to accept a position pursuant to Section 3., above, the employee shall be laid off. b. No promotional probationary employee or permanent employee within a class in the department shall be laid off until all temporary, nonpermanent part-time and non-promotional probationary employees in the class are laid off. Permanent employees whose positions have been eliminated may exercise City-wide bumping rights to a lower class in the occupational series pursuant to Part 2. c. When a position in a class and/or occupational series is eliminated, any employee in the class who is on authorized leave of absence or is holding a temporary acting position in another class shall be included • for determining order of service credit and be subject to these layoff procedures as if the employee was in his or her permanent position. 05-06 FMA FINAL 07-18-05 26 • FIRE MANAGEMENT ASSOCIATION 3. Notification of Employees a. . The Personnel Division shall give written notice of layoff to the • employee by personal service or by sending it by certified mail to the last known mailing address at least fifteen (15) calendar days prior to the effective date of the layoff. Normally notices will be served on employees personally at work. b. Layoff notices may be initially issued to all employees who may be subject to layoff as a result of employees exercising voluntary reduction/bumping rights. c. The notice of layoff shall include the reason for the layoff, the effective date of the layoff, the employee's hire date and the employee's service credit ranking. The notice shall also include the employee's right to bump the person in a lower class with the least service credit within the occupational series provided the employee possesses the necessary qualifications to successfully perform the duties in_ the lower class and the employee has more service credit than the incumbent in the lower class. d. The written layoff notice given to an employee shall include notice that he or she has seven (7) calendar days from the date of personal service, or date of delivery of mail if certified, to notify the Human Resources Manager in writing if the employee intends to exercise the employee's bumping rights, if any, pursuant to Part 2, Bumping. Rights. e. Whenever practicable, any employee with the least amount of service credit in a lower class within an occupational series which is identified for work force reduction shall also be given written notice that such employee may be bumped pursuant to Part 2. This notice shall include ,the items referred to in C., above. f. If an employee disagrees with the City's computation of service credit or listed date of hire, the employee shall notify the Human Resources Manager as soon as possible but in no case later than five (5) calendar days after the personal service or certified mail delivery. Disputes regarding date of hire or service credit shall be jointly reviewed by the Human Resources Manager and the employee and/or the employee's representative as soon as possible, but in no case later than five (5) calendar days from the date the employee notifies the Human Resources Manager of the dispute. Within five (5) calendar days after the dispute is reviewed, the employee shall be notified in writing of the decision. 05--06 F1NA FINAL 07-18-05 27 FIRE MANAGEMENT ASSOCIATION 4.Part 2— Bumping Rights a. Voluntary Reduction or Bumpinq in Lieu of Layoff • 1) A promotional probationary employee or permanent employee who receives a layoff notice may request a reduction to a position in a lower class within the occupational series provided the employee possesses the necessary qualifications to perform the duties of the position. 2) Employees electing reduction under A above, shall be reduced to a position authorized to be filled in a lower class within the employee's occupational series. The employee may reduce to a lower class in his/her occupational series by: 1) filling a vacancy in that class, or 2) if no vacancy exists, displacing the employee in the class with the least service credit whose position the employee has the necessary qualifications to perform. A displaced employee shall have bumping rights. 3) An employee who receives a layoff notice must exercise bumping rights within seven (7) calendar days of receipt of the notice as specified in Part 1. Failure to respond within the time limit shall result in a reputable presumption that the employee. does not intend to exercise any right of reduction or bumping to a lower class. The employee must carry the burden of proof to show that • the employee's failure to respond within the time limits was reasonable. if the employee establishes that failure to respond within the time limit was reasonable, to the Human Resources Manager's satisfaction, the employee shall be permitted to exercise bumping rights but shall. not be reinstated to a paid position until the employee to be bumped has vacated the position. If the employee disagrees with the Human Resources Manager's decision, the employee may appeal pursuant to the provisions of Sections 3 and 4 below. b. Reinstatement/Re-employment Lists Any employee who takes a reduction to a position in a lower class within the occupational series in lieu of layoff shall be placed on tile reinstatement/re-employment list pursuant to Part 3, Re-employment. c. Qualifications Appeal Any employee who is denied a reduction to a position in a lower class within the occupational series on the basis that the employee does not possess the necessary qualifications to successfully perform the duties of the lower position may appeal the decision. The appeal shall be . filed with the Human Resources Manager within five (5) calendar days of the employee's receipt of written notice of the decision and 05--06 FMA FINAL 07-18-05 28 • FIRE MANAGEMENT ASSOCIATION reason(s) for denial. The employee's appeal shall be in writing and shall include supporting facts or documents supporting the appeal. • d. Qualifications Appeal Hearing 1) Upon receipt of an appeal, the Human Resources Manager shalt contact a mediator from the California State Mediation and Conciliation Service to schedule a hearing within two (2) weeks after receipt of the appeal. if the California State Mediation and Conciliation Service is not available within that time frame, the parties shall mutually select a person who is available within the time frame. If the California State Mediation and Conciliation Service and the person mutually selected are not available within tile time frame, the parties shall select the earliest date either.is available to conduct the hearing. The parties shall split the-cost, if any, of the hearing officer. In addition, the parties shall meet within three (3) workdays to attempt to resolve the dispute. If the.dispute remains unresolved, the parties shall endeavor in good faith to submit to the hearing officer a statement of all agreed upon facts relevant to the hearing. 2) Appeal hearings shalt be limited to two (2) hours, except as otherwise agreed by the parties or directed by the hearing officer. 3) The hearing officer shall attempt to resolve the dispute by mutual . agreement if possible. If no agreement is reached, the hearing officer shall render a decision at the conclusion of the hearing which shall be final and binding 5. Part 3— Re-employment a. •Re-employment 1) Employees who are laid off or reduced to avoid layoff shall have their names placed .upon a reemployment list, for each class in the occupational series, in seniority order at or below the level of the class from which laid off or reduced. 2) Names of persons placed on the reemployment lists shall remain on the list for two (2)years from the date of layoff or reduction. 3) Vacancies shall be filled from the reemployment list for a class, starting at the top of the list, providing that the person meets the necessary qualifications for the position. 4) Names of persons are to be removed from the reemployment list for a class if on two (2) occasions they decline an offer of employment or on two (2) occasions fail to respond to offers of employment in a particular class within five (5) calendar days of receipt of written notice of an offer_ Any employee who is 05-06 FMA FINAL 07-18-05 29 • FIRE MANAGEMENT ASSOCIATION dismissed from the City service for cause shall have his or her name removed from all re-employment.lists. • 5) Re-employment lists shall be available to FMA and affected employees upon reasonable request, 6) Qualification appeals involving reemployment rights shall be resolved in the same manner as that identified in Part 2., Section 4. b. Status on Re-employment 1) Persons re-employed from layoff within a two (2) year period from the date of layoff shall receive the following considerations and benefits a) Service credit held upon layoff shall be restored, but no credit shall be added for the period of layoff. b) Prior service credit shall be counted toward sick leave and vacation accruals_ c) Employees may cash in sick leave upon layoff or at any time after layoff in the manner and amount set forth in existing Memoranda of Understanding for that employee's unit. Sick leave shall be paid to an employee when the reemployment • list(s)expire(s), if not previously paid. d) Upon reinstatement the employee may have his or her sick leave re-credited by repayment to the City the cashed amount. Sick leave accumulation of less than 480 hours shall be restored upon reemployment. e) The employee shall be returned to the salary step of the classification held at the time of the layoff and credited with the time previously served at that step prior to being laid off. f) The probationary status of the employee shall resume if incomplete. 2) Employees who have been reduced in class to avoid layoff and are returned within two (2) years to their former class shall be placed at the salary step of the class they held at the time of reduction and have their merit increase eligibility date recalculated. ARTICLE Xl -- MISCELLANEOUS A. Vehicle Policv 1_ Approval is required by the City Administrator or his designee for any City vehicle to be taken home by a FMA employee_ 05-06 FMA FINAL 07-18-05 30 FIRE MANAGEMENT ASSOCIATION 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_ Employees that are assigned a City vehicle must reside within 25 miles of the City's limits. Employees that are assigned a City vehicle and who are assigned a 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 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. C. Association Business 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. 05- 06 FMA FINAL 07-18-05 31 FIRE MANAGEMENT ASSOCIATION ARTICLE X11—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 s ,2005. HUNTINGTON BEACH CITY OF HUNTINGTON BEACH FIRE MANAGEMENT AS CIATION A I -,Via Irma ussefie cques P. Pelletier Human Res( c Manager FMA President Penelc#e Culbreth-Graft William H. Reardon city Admintstrator Bargaining.Committee • P ROVED AS TO FORM: C 4nn�iifer�McGr*h City Attorney 05-06 FMA FINAL 0748-05 32 t FIRE MANAGEMENT ASSOCIATION . FMA LIST OF MOU EXHIBITS A rSalachedule B Credit Subsidy C Delta Care (PMI) Dental Plan D Delta Dental— Dental Plan E Vision Service Plan 05--06 FMA FINAL 07-18-05 33 FIRE MANAGEMENT ASSOCIATION EXHIBIT A—SALARY SCHEDULE • 4% Effective January 1, 2005 (Monthly Rates) Pay STEP Job Range Code Classification A B C D E Fire Battalion 0031 Chief 591 $7,205 $7,602 $8,020 $8,460 $8,925 . 0026 Fire Division Chief 623 $8,451 $8,916 $9,406 $9,923 $10,469 4% Effective January 1, 2005 (40 Hour) Pay STEP Job Range Code Classification A B C D E Fire Battalion 0031 Chief 591 $41.57 43.86 $46.27 $48.81 $51.49 0026 Fire Division Chief 623 $48.76 $51.44 $54.27 $57.25 $60.40 4% Effective January 1, 2005 (56 Hour) Pay Job Range STEP Code Classification A B C D E Fire Battalion 0031 Chief 591 $29.69 $31.33 $33.05 $34.86 $36.78 0026 Fire Division Chief 623 $34.83 $36.74 $38.77 $40.89 $43.14 05-06 FMA FINAL 07-18-05 34 } FIRE MANAGEMENT ASSOCIATION EXHIBIT A-SALARY SCHEDULE • 4% Effective September 24, 2005 (Monthly Rates) Pay STEP Job Range Code Classification A B C D E Fire Battalion 0031 Chief 599 $7,497 $7,910 $8,346 $8,805 $9,289 0026 Fire Division Chief 631 $8,795 $9,279 $9,788 $10,326 $10,895 4% Effective September 24, 2005 (40 Hour) Job Range STEP Code Classification A B C D E • Fire Battalion 0031 Chief 599 $43.26 $45.64 $48.15 $50.80 $53.59 0026 Fire Division Chief 631 $50.74 $53.53 $56.47 $59.58 $62.86 4% Effective September 24,2005 (56 Hour) Job Range STEP Code Classification A B C D E 0031 Fire Battalion Chief 599 $30.90 $32.60 $34.39 $36.28 $38.28 0026 Fire Division Chief 631 $36.25 $38.24 $40.34 $42.55 $44.90 • 05-06 FMA FINAL 07-18-05 35 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 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. 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. 05-06 FMA FINAL 07-18-05 36 1 9 + FIRE MANAGEMENT ASSOCIATION EXHIBIT B—SERVICE CREDIT SUBSIDY • 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. 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 prior to retirement exceeds ten (10), continuous years of regular (permanent) service shall be entitled to a maximum monthly Service Credit Subsidy by the City for each year of completed City service as follows: 05-06 FMA FINAL 07-18-05 37 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. Ali 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 shall pay for Part A for each of them or the maximum subsidy, whichever is less. 0 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 05-06 FMA FINAL 07-18-05 38 R 1 FIRE MANAGEMENT ASSOCIATION EXHIBIT B-SERVICE CREDIT SUBSIDY • 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. • i 05-06 FMA FINAL 07-18-05 39 FIRE MANAGEMENT ASSOCIATION EXHIBIT C— DELTA CARE (PMI) DENTAL PLAN BROCHURE • A copy of the Delta Care (PMI) Brochure may be obtained from the Human Resources Division s • 05-06 FMA FINAL 07-18-05 40 t r. FIRE MANAGEMENT ASSOCIATION EXHIBIT D— DELTA DENTAL PLAN BROCHURE • A copy of the Delta Dental Plan Brochure may be obtained from the Human Resources Division • • 05-06 FMA FINAL 07-18-05 4I FIRE MANAGEMENT ASSOCIATION EXHIBIT E-VISION (VSP) PLAN BROCHURE • A copy of the Vision (VSP) Brochure may be obtained from the Human Resources Division • 05-06 FMA FINAL 07-18-05 42 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND FIRE MANAGEMENT ASSOCIATION (FMA) Proposed Changes in Terms FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments and Conditions Estimated Cost Estimated Cost: Term of the a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** c.)Total Estimated Cost*** Term 111105 —6/30/06 18-month contract Wa a Increase 4% wage increase effective a.) $ 19,173 a.) $ 19,173 Same wage increase as POA, 1101105 b.) $ 11,067 b.) $ 11,067 HBFA, MEA, MEO and Non- c.) $ 30,240 c.) $ 30,240 Associated 4% wage increase effective a.) $ 32,979 a.) $ 32,979 Same wage increase as POA, 9/24/05 b.) $ 19,034 b.) $ 19,034 HBFA, MEA, MEO and Non- c. $ 52,013 c.) $ 52,013 Associated Salary Study to be completed N/C N/C N/C Joint study to be conducted on or before 2/1/06 between the City and the FMA that compares total compensation. City is not obligated to take any action on the results. *Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes,worker's compensation and retirement ***Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Council Meeting of August 1, 2005 Page 1 of 4 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND FIRE MANAGEMENT ASSOCIATION (FMA) Proposed Changes in Terms FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments and Conditions Estimated Cost Estimated Cost: Term of the a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** c.) Total Estimated Cost*** Health & Other Benefits Dental annual maximum $360 N/C $360 Benefit enhancement as benefit increased $1000 to provided for HBFA, POA, $2000 MEA, MEO and Non- Associated Life and Accidental Death & $1,500 N/C $1,500 Benefit enhancement as Dismemberment insurance provided for HBFA, POA, coverage increased from MEA, MEO and Non- $45,000 to $50,000 Associated Coverage effective date N/C N/C N/C Language clarification to changed from "first of the conform to CaIPERS medical month following 30 days of coverage provisions, employment" to "first of the month following date of hire". Employee contributions to be aligned with start and ending dates of employment. *Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary,which include employer taxes, worker's compensation and retirement ***Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Council Meeting of August 1, 2005 Page 2 of PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND FIRE MANAGEMENT ASSOCIATION (FMA) Proposed Changes in Terms FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments and Conditions Estimated Cost Estimated Cost: Term of the a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** c.) Total Estimated Cost*** Contract Language Updates Added provision on the N/C N/C N/C Reporting complies with reporting of uniform costs Ca1PERS law, excludes (uniforms provided by the personal protective equipment. City) as special compensation. Bilingual pay is effective N/C N/C N/C Documents current practice in the first full pay period MOU, following certification Allowance for cash-out on N/C N/C N/C Provides administrative pay in lieu of compensatory efficiency. time to "twice per calendar year" from "the months of December and April." *Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes,worker's compensation and retirement ***Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Council Meeting of August 1, 2005 Page 3 of 4 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN • CITY OF HUNTINGTON BEACH AND FIRE MANAGEMENT ASSOCIATION (FMA) Proposed Changes in Terms FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments and Conditions Estimated Cost Estimated Cost: Term of the a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** c.) Total Estimated Cost*** Medical cash-out payable as N/C N/C N/C Provides clarification for compensation if IRS administration. regulations do not allow deferred compensation or other re-tax contribution. Retiree Medical Subsidy N/C N/C N/C To reflect compliance with Plan current pro ram. Total Cost of Proposed a.) $ 19,173 a.) $ 32,979 a.) $ 52,152 Changes b.) $ 12,927 b.) $ 19,034 b.) $ 31,961 c.) $ 32,100 c.) $ 52,013 c.) $ 84,113 *Base salary is the cost of raising salary; ** Salary driven costs are the additional costs associated with raising base salary,which include employer taxes,worker's compensation and retirement ***Total estimated are costs are based upon cost information available in 2004/2005 N/C No measurable cost Council Meeting of August 1,2005 Page 4 of 4 b z �P- a . . ( � 4 ITEM ,#l,,lDb CITY OF HUNTINGTON BEACH PERSONNEL COMMISSION ROSTER Darrach G. Taylor Matthew Hunt, Chair (Eff. 7/20/05) Chair Term: 9/15/04 —7/20/05 Term: 7/01/05 —6/30/09 Chair Term: 7/16/03 —9/14/04 Vice-Chair Term: 9/15/04 — 7/19/05 Term: 7/1/02—6/30/06 Vice Chair Term: 7/16/03 —9/14/04 Term: 8/12/98—6/30/02 Term: 7/01/05—6/30/09 Term: 7/01/01 —6/30/05 Partial Term: 3/1/00— 6/30/01 David S. Barton Blanche Deight Term: 07/01/04 —06/30/08 Term: 7/1/03 - 6/30/07 Partial Term: 2/17/04— 6/30/04 Term: 5/21/01 - 6/30/03 Term: 7/1/94 — 6/30/98 Term: 7/1/90— 6/30/94 Jan P. Garner Partial Term: 2/20/90— 6/30/90 Term: 07/01/04—06/30/08 Chair— 1996 & 1997 Partial Term: 1/21/03 -6/30/04 Daniel P. Gooch, Vice Chair (Eff. 7/20/05) Term: 7/01/05 —6/30/09 Richard J.Zeleznikar Term: 7/01/01 —6/30/05 Term: 7/1/02 —6/30/06 Term: 7/1/98 — 6/30/02 Note: A partial term is less than two years. Revised HR 08/05