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HomeMy WebLinkAboutMSMA - Marine Safety Management Association - Formerly Marine Safety Officers' Association - MSOA - 2011-10-031� tip` Council/Agency Meeting Held:/ - / 9- QQ/,& Deferred/Continued to: ; ��� proved ❑ Conditionally A roved ❑ Denied Jao Cit rk' ignatu Council Meeting Date: November 19, 2012 Department ID Number: HR 12-014 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Michele Carr, Director of Human Resources SUBJECT: Adopt Resolution No. 2012-80 approving a Side Letter Agreement modifying the Memorandum of Understanding (MOU) between the City and the Marine Safety Management Association (MSMA) regarding On -Call Response Policy Statement of Issue: For operational efficiency and in the interest of enhanced public safety, a change in the current on -call practice for Marine Safety Officers is required. The current practice for contacting Marine Safety personnel in the event of an after-hours incident is not established in policy. The adoption of the side letter agreement would establish the appropriate policy standard so that operational uniformity of practice is maintained. Financial Impact: Finance has estimated the annual fiscal impact to be approximately $18,000. Community Services — Marine Safety Division will be required to reallocate existing budget funds to account for the policy modification. No additional funding is requested. Recommended Action: Motion to: A) Adopt Resolution No. 2012-80, "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City of Huntington Beach and the Marine Safety Management Association (MSMA) by Adopting the Side -Letter of Agreement;" and, B) Authorize the City Manager to sign and execute the Side Letter Agreement. Alternative Action(s): Do not adopt Resolution No. 2012-80, "A Resolution of the City. Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City of Huntington Beach and the Marine Safety Management Association (MSMA) by Adopting the Side -Letter of Agreement." Item 14. - 1 HB -544- REQUEST FOR COUNCIL ACTION MEETING DATE: 11/19/2012 DEPARTMENT ID NUMBER: FIR 12-014 Analysis: The City of Huntington Beach Community Services Department — Marine Safety Division, has established On -Call Policy #16.3 for the purpose of enacting uniform operational practices for contacting Marine Safety personnel during incidents requiring staff call-back outside regular beach operational hours. In rare instances, it is required that Marine Safety personnel respond to after-hours incidents. Therefore, an on -call policy is needed to ensure operational consistency and efficiency. Representatives of the City and MSMA have completed the meet and confer process regarding establishing a formal on -call policy, and _the parties hereby agree to the side -letter agreement. Environmental Status: N/A Strategic Plan Goal: Maintain public safety Attachment(s): 1. Resolution No 2012-80 "A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City of Huntington Beach and the Marine Safety Management Association (MSMA) by Adopting the Side -Letter of Agreement;" Including Exhibit "A" — The Side Letter Agreement. 2. 1City of Huntington Beach, Community Services Department Policies and Procedures Number 16.3 xB -545- Item 14. - 2 ATTACHMENT #1 Item 14. - 3 HB -546- RESOLUTION NO. 2012-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE MARINE SAFETY MANAGEMENT ASSOCIATION (MSMA), BY ADOPTING THE SIDE LETTER OF AGREEMENT WHEREAS, on October 3, 2011, the City Council of Huntington Beach adopted Resolution No. 2011-80 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Marine Safety Management Association (MSMA); Subsequent to the adoption of the MOU, the City of Huntington Beach and MSMA agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and MSMA ("Side Letter Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter Agreement pertains to On -Call compensation. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. The Side Letter Agreement attached hereto as Exhibit A is approved and adopted. Section 2. The Side Letter Agreement amends the MOU between the City of Huntington Beach and MSMA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of November, 2012. May sue -APPROVED AS TO FORM: City A orney Resolution 2012-XX Exhibit °A" City of Huntington Beach SIDE LETTER AGREEMENT The Marine Safety Management Association ("MSMA") and the City of Huntington Beach ("City") hereby agree to this side letter to the 10/1/11 — 9/30/13 Memorandum of Understanding. ARTICLE Vill — HOURS OF WORKIOVERTIME E. On -Call An employee scheduled to be on -call shall be compensated one (1) hour at the straight pay rate. On -call assignments and assignment duration shall be determined by operational schedules. On - call assignment shall not overlap the normal operational period. Side -Letter Implementation The parties agree that the execution of this side -letter agreement may not be challenged by the Association or any employee it is recognized to represent through the City's grievance procedure or in any other forum unless the challenge is based upon a factual allegation that the Agreement was the product of fraud, intentional misrepresentation or unlawful coercion on the part of City representatives. IN WITNESS WHEREOF, the parties have paused this SIDE LETTER AGREEMENT to be executed by and through their authorized officers on Marine Safety; afety Manage ent Association 1. Michael S. Bartlett President Dated: Eric Dieterman Vice President Dated: ij - ( y - 1 Z f`Shi „i U...#;nrh_n Qi nd-h PPROVED AS TO- RM: r.. nifer M. McGrath Ity Attorney Dated: 1 1 . 1 Res. No. 2012-80 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on November 19, 2012 by the following vote: AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman NOES: None ABSENT: None ABSTAIN: None Ci Clerk and ex-officio _- lerk of the City Council of the City of Huntington Beach, California ATTACHMENT #2. xB -549- Item 14. - 6 Policies and Procedures City of Huntington Beach, Community Services Department Marine Safety Subject: ON -CALL Number: 16.3 Date: Approved: A. PURPOSE 1. To provide safe, efficient and reliable emergency response after operational hours. 2. To provide the best quality beach and ocean safety for beach visitors. B. POLICY l . Assigned personnel will be available for response during the designated period. 2. Assigned personnel will conduct themselves in a manner that is consistent with City and departmental policies. 3. Assigned personnel may not consume alcohol or drugs that may impair their ability to safely respond during their assigned "On -Call" period. C. PROCEDURE 1. Every night, one Marine Safety Officer (MSO) will be assigned to be "On -Call" after operational hours. 2. Assigned personnel will be equipped with an emergency vehicle, department cell phone, Marine Safety radio, uniform and personal rescue gear. 3. Assigned personnel will be en route to the scene within 2 minutes of dispatch to a call. 4. Assigned personnel will arrive within 10 minutes of departure to scene 90% of the time. 5. Assigned personnel will abide by all Code III traffic regulations and communicate according to established protocol. 6. Assigned personnel will usually respond directly to the scene of the call, determine an action plan, communicate with other responding personnel, request back-up and resources if necessary and initiate action plan. Item 14. - 7 HB -550- TO: FROM: DATE: SUBJECT: CITY OF HUNTINGTON BEACF Interdepartmental • Joan Flynn, Michele Wai November 1 Late Communication: Replacement Side Letter for the Marine Safety Management Association (MSMA). The Human Resources Department submitted RCA HR 12-014 for Council Action. Signatures were not obtained before the agenda deadline. The signed MSMA Side Letter, is attached as a late communication. Attachments: RCA Attachment 1, Exhibit A: Side. Letter meeting Date:,// -- / 9 Agenda Item No. -1- Exhibit "A" - Resolution No. 2012-80 City of Huntington Beach SIDE LETTER AGREEMENT The Marine Safety Management Association ("MSMA") and the City of Huntington Beach agree to this side letter to the 10/1/11— 9130/13 Memorandum of Understanding. ARTICLE Vitl — HOURS OF WORK►OVERTIME E. On -Call An employee scheduled to be on -call shall be compensated one Q)vhour at the straight pay rate. On -call assignments and assignment duration shall be determined'by operational schedules. On - call assignment shall not overlap the normal operational period,/ The parties agree that the execution of this Association or any employee it is recognized to any other forum unless the challenge is based product of fraud, intentional misrepresentation or .IN WITNESS WHEREOF,: the parties have and through their authorized officers on_ Marine Safety President i111j Vice President Dated: :tt f' agreement may not be challenged by the ant through the City`s grievance procedure or in a factual allegation that the Agreement was the ul coercion on the part of City representatives. this SIDE LETTER AGREEMENT to be executed by n City of Huntington Beach Fred A. Wilson City Manager Dated. of Human Resources Dated: PROVED AS TO nifer M. c rat ity Attorney Dated: I/ 1& i --.I- Council/Agency Meeting Held:/Qa�_11 Deferred/Continued to: &%,r,q ed ❑ C ditionally Ap oved U De ied Cit ' ler 's S'sg tune - Council Meeting Date: October 3; 2011 Department ID Number: HR 11-016 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Michele Carr, Director of Human Resources SUBJECT: Adopt Resolution No. 2011-80 approving a Memorandum of Understanding between the City and the Marine Safety Management Association (MSMA) (formerly Marine Safety Officers' Association, MSOA) for the period October 1, 2011 through September 30, 2013 Statement of Issue: The City and the Huntington Beach Marine Safety Management Association (MSMA) have tentatively agreed to enter into a new Memorandum of Understanding (MOU) for the period October 1, 2011 —September 30, 2013. Financial Impact: MSMA has agreed to increase the employee paid contribution towards CalPERS retirement. Employees in this unit will contribute 5.50% toward the 9% employee share of CalPERS effective October 1, 2011 — September 30, 2012 resulting in savings to the City of approximately $15,300 for the period. Employees will contribute an additional 1.25% toward CaIPERS (for a total of 6.75%) effective October 1, 2012, and thereafter. The additional 1.25% in year two will result in an additional $15,300 in savings, for a total of $30,600 over the term of the agreement. Recommended Action: Motion to: Adopt Resolution No. 2011-80, "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the City and the Huntington Beach Marine Safety Management Association (MSMA) (Formerly Marine Safety Officers' Association — MSOA), For October 1, 2011 Through September 30, 2013." Alternative Action(s): Do not approve the Resolution for the MSMA employees and direct staff to either attempt to continue to meet and confer with the Association or utilize the impasse procedures under the City's Employer -Employee Relations Resolution. Item 6. - 1 xB -58- REQUEST FOR COUNCIL ACTION MEETING DATE: 10/3/2011 DEPARTMENT ID NUMBER: HR 11-016 Analysis: Representatives of the City and MSMA have completed the meet and confer process with agreement on a new Memorandum of Understanding (MOU) for the period of October 1, 2011, through September 30, 2013. The current side -letter extending the MOU expired September 30, 2011. The negotiations process focused primarily on contributions to CalPERS and two-tier retirement. Highlights of proposed MOU changes include the following: Term of Agreement October 1, 2011, to September 30, 2013 (2 years). Wage Increases There are no negotiated wage increases. Holidays The following ten (10) City holidays are referenced by title within the MOU. The prior MOU was silent as to the actual named holidays recognized by .the City. There is no additional compensation associated with this change. Further, the frequency with which unit members receive holiday pay is modified from monthly to bi-weekly to coincide with the pay schedule. There is no additional compensation associated with this change. • New Years Day • Martin Luther King Holiday • Presidents Day • Memorial Day • Independence Day • Labor Day • Veteran's Day • Thanksgiving Day • Day After Thanksgiving • Christmas Day Benefits/Medical/Dental There are no negotiated modifications to benefits. CalPERS Contributions Employee -paid share of CalPERS contributions will be 5.50% in year one of the agreement and 6.75% in year two and thereafter (until a successor agreement is reached). Two -Tier Retirement Unit employees agree to adopt a second -tier retirement benefit formula if all other safety units agree (in accordance with CalPERS requirements). Unit Name Change The unit has requested recognition of a name change from Marine Safety Officers' Association (MSOA) to Marine Safety Management Association (MSMA). The unit name change is not indicative of any proposed position title changes for this unit. xB -59- Item 6. - 2 REQUEST FOR COUNCIL ACTION MEETING DATE: 10/3/2011 DEPARTMENT ID NUMBER: HR 11-016 Environmental Status: N/A Strategic Plan Goal: Maintain financial viability and our reserves Attachment(s): 2 1. 1Legislative Draft — Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Marine Safety Management Association (MSMA) for the period October 1, 2011 through September 30, 2013. 2. "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the City and the Huntington Beach Marine Safety Management Association (MSMA) (Formerly Marine Safety Officers' Association — MSOA), For October 1, 2011 Through September 30, 2013," including Exhibit A: Final Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Marine Safety Management Association (MSMA) for the period October 1, 2011 through September 30, 2013. Item 6. - 3 HB -60- xB -61- Item 6. - 4 MARINE SAFETY �livANAGE�fIiENTGFRif°SR ASSOCIATION 2006- 2006 2011- 2013 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS PREAMBLE1..................................................................................................................1 ARTICLEI - TERM OF MOU............................................................................................1 ARTICLE II - REPRESENTATIONAL UNIT/CLASSIFICATIONS....................................2 ARTICLE III - MANAGEMENT RIGHTS...........................................................................2 ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT...........................................2 ARTICLE V - SALARY SCHEDULE................................................................................2 A. WAGE INCREASES............................................................................................................ 3 ARTICLE VI - SPECIAL PAY...........................................................................................3 A. EDUCATION INCENTIVE PAY.............................................................................................. 3 B. ACTING ASSIGNMENT PAY................................................................................................ 4 C. CERTIFICATION PAY......................................................................................................... 4 D. HOLIDAY PAY-IN-LIEU....................................................................................................... 4 E. BILINGUAL SKILL.......................................................................................I..................... 55 F. EFFECTIVE DATE OF SPECIAL PAY..................................................................................... 5 G. NO PYRAMIDING OF SPECIAL PAY..................................................................................... 5 H. REPORTING TO PERS...................................................................................................... 5 ARTICLE VII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT .............................5 A. GENERAL POLICY............................................................................................................. 5 B. AFFECTED EMPLOYEES.................................................................................................... 5 C. PERSONAL PROTECTIVE EQUIPMENT................................................................................. 5 D. EMPLOYEE RESPONSIBILITIES........................................................................................... 5 E. CITY RESPONSIBILITIES.................................................................................................... 6 ARTICLE VIII - HOURS OF WORK/OVERTIME..............................................................6 A. HOURS OF WORK DEFINED............................................................................................... 6 B. OVERTIME/COMPENSATORY TIME..................................................................................... 6 1. Paid Overtime.................................................................................................................................. 6 2. Compensatory Time....................................................................................................................... 76 3. Court Time....................................................................................................................................... 7 a. Court Standby.............................................................................................................................. 7 b. Court Appearance....................................................................................................................... 7 4. Holidays Worked.............................................................................................................................. 7 C. 4/10 WORK SCHEDULE DEFINED..................................................................................... 8-7 D. SHIFT E icil^"rsNGE-STANDBY............................................................................................. 88 ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS...................................88 A. HEALTH......................................................................................................................... 8-7 1. CalPERS PEMHCA....................................................................................................................... 98 MSMOA MOU FINAL 06-09 2011-2013 I MARINE SAFETY MANAGEMENT ' ASSOCIATION 2011- 2013 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS a. PEMHCA Employer Contributions............................................................................................. 93 b. Maximum Employer Contributions..........................................................................................109 2. Dental Insurance..........................................................................................................................109 3. Retiree (Annuitant) Coverage........................................................................................................1.0 a. City Contribution (Unequal Contribution Method) for Retirees..................................................10 b. Termination of Participation in the CalPERS PEMHCA Program - Impact to Retirees ............10 4. Additional Costs for Participation in the PEMHCA program.......................................................... 10 a. Retiree and/or Annuitant Coverage......................................................................................... 110 b. Termination Clause................................................................................................................... 11 B. MEDICAL CASH-OUT..................................................................................................... 124 C. SECTION 125 EMPLOYEE PLAN....................................................................................... 12 D. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT (AD & D) INSURANCE ........................ 13 E. LONG TERM DISABILITY INSURANCE.............................................................................. 13.2 ARTICLE X - RETIREMENT.........................................................................................144 A. BENEFITS.................................................................................................................. 1414 1. Public Employees' Retirement System........................................................................................ 143 2. Self -Funded Supplemental Retirement Benefit.............................................................................14 3. 1959 Survivors' Benefit Level IV....................................................................................................14 4. Medical Insurance for Retirees...................................................................................................... 14 B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING ................. 14 1. Employees' Contribution................................................................................................................14 C. HEALTH SAVINGS ACCOUNT FOR POST RETIREMENT MEDICAL BENEFITS ........................ 154 D. PRE -RETIREMENT OPTIONAL SETTLEMENT 2 DEATH BENEFIT ........................................... 15 ARTICLE XI - LEAVE BENEFITS..................................................................................16 A. VACATION...................................................................................................................... 16 1. Accrual........................................................................................................................................... 15 2. Eligibility and Permission............................................................................................................... 15 3. Conversion to Cash..................................................................................................................... 166 a. Cash Advance........................................................................................................................... 16 B. SICK LEAVE................................................................................................................... 17 C. TIME OFF FOR INJURY OR ILLNESS.................................................................................. 16 D. FAMILY LEAVE BENEFIT ENTITLEMENTS.. ......................................................................... 16 E. BEREAVEMENT LEAVE.................................................................................................. 187 F. DEFERRED COMPENSATION / LEAVE CASH-OUT............................................................... 17 G. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ................................................ 17 ARTICLE XII - CITY RULES...........................................................................................18 ARTICLE XIII - MISCELLANEOUS................................................................................18 A. SALARY UPON APPOINTMENT.......................................................................................... 18 B. PHYSICAL EXAMINATIONS............................................................................................... 18 C. CONDITIONING TIME..................................................................................................... 198 MSMOA MOU FINAL 06-09 2011-2013 ii MARINE SAFETY (MANAGEMENT OF-RC219 ' ASSOCIATION 2006 2009 2011- 2013 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS D. 1,500 HOUR RECURRENT EMPLOYEES.......................................................................... 198 E. COLLECTION OF PAYROLL OVERPAYMENTS..................................................................... 18 F. GRIEVANCE HEARING COST SHARING........................................................................... 198 G. PERSONNEL RULE 19 MODIFICATION............................................................................. 199 H. UPDATE EMPLOYEE -EMPLOYER RELATIONS RESOLUTION(EERR).................................. 198 I. MODIFIED RETURN TO WORK POLICY............................................................................ 198 J. CONTROLLED SUBSTANCE AND ALCOHOL TESTING.......................................................... 19 K. RE-OPENER...................................................................................................................19 ARTICLE XIV - CITY COUNCIL APPROVAL..............................................................211 EXHIBIT A - MSS QA SALARY SCHEDULE.................................................................22 EXHIBIT B - SERVICE CREDIT SUBSIDY PLAN.......................................................223 EXHIBIT C - MODIFICATIONS TO EMPLOYEE - EMPLOYER RELATIONS RESOLUTION.........................................................................................2w EXHIBIT D - MODIFICATIONS TO PERSONNEL RULE 19.......................................278 EXHIBIT E -VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM .........304 MSMOA MOU FINAL 06-09 2011-2013 III MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) and THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' MANAGEMENT ASSOCIATION (Hereinafter called ORGANIZATION or MSOMA) PREAMBLE WHEREAS, pursuant to California law, the City and the representatives of the Association, a duly recognized employee association, have met and conferred in good faith and reached a full agreement concerning wages, hours, and other terms and conditions of employment. WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this Agreement shall apply to all employees represented by the Association, and WHEREAS, the representatives of the City and Association desire to reduce their agreements to writing, NOW THEREFORE, this Memorandum of Understanding is made, to become effective ;October 1, 2006111, and it is agreed as follows: ARTICLE I - TERM OF MOU This Memorandum of Understanding shall be in effect for a term commencing on Octo eriberib 1,201186 and ending at midnight on eptember 30, 2013913. 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 and the Association expressly waives any right to request any improvements or changes in salaries or monetary benefits for the employees represented by the Association which would take effect prior to October 1, 20139$, and the City of Huntington Beach, through its representatives, shall not be required to meet and confer as to any such request. MSMOA MOU FINAL 2011-2013 06-00 MARINE SAFETY ' MANAGEMENT ASSOCIATION ARTICLE II - REPRESENTATIONAL UNIT/CLASSIFICATIONS It is recognized that the Marine Safety Q#iGe�_Management Association' is the employee organization, which has the right to meet and confer in good faith with the City on behalf of the employees of the Huntington Beach Community Services Department within the following classification and assignment titles: Marine Safety Lieutenant Marine Safety Officer II Marine Safety Officer I ARTICLE III - MANAGEMENT RIGHTS The parties agree that the City has the right to unilaterally make decisions on all matters outside the scope of bargaining. Furthermore, except as expressly abridged or modified herein, the City retains all rights, powers and authority with respect to the management and direction of the performance of marine safety 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 Director 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 City services, including establishing manning 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. The parties agree to meet and confer during the term of this agreement on revisions, changes, modifications and additions to the Personnel Rules and/or Department Rules when requested by City. ARTICLE IV EXISTING CONDITIONS OF EMPLOYMENT Except as otherwise expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing benefits and terms and conditions of employment which have been established in prior Memoranda of Understanding between City and the Association. ARTICLE V - SALARY Classification and Salary Schedule Employees shall be compensated at rates by classification title and salary range during the term of the agreement as set out in Exhibit A attached hereto and incorporated herein. MSMOA MOU FINAL 06-09 2011-2013 2 MARINE SAFETY OFFICERS' MANAGEMENT ASSOCIATION Wage Increases There are no scheduled_) ager ecr ases for the term of the agreement ARTICLE VI - SPECIAL PAY A. Education Incentive Pay Employees who possess a degree from an accredited college shall be eligible to receive education incentive pay as follows: 1. Bachelor's Degree — three percent (3%) above the base hourly rate 2. Associate's Degree — two percent (2%) above the base hourly rate 3. The maximum education incentive pay shall be three percent (3%). 4. All current employees who do not possess the degrees listed above shall continue to receive the education incentive pay in effect as of September 19, 2005. Such pay shall not increase unless an employee obtains one of the degrees listed above. In the event an employee obtains an Associate's or Bachelor's degree, only the special pay in #1 or #2 above shall apply and the following Education Incentive Level Plan shall no longer apply: Education Incentive Level College Units Maximum Training Points Years of Service Continuing Education College Units Required Annually Monthly Amount 1 30 10 1 6 $ 50 2 60 20 2 3 75 3 90 30 2 3 100 4 120 3 3 150 5 150 4 0 150 5. Employees hired after September 19, 2005 who do not possess a Bachelor's or an Associate's degree shall not be eligible for education incentive pay until a degree is attained. MSMGA MOU FINAL 06-02 2011-2013 3 MARINE SAFETY OFFICERS' MANAGEMENT ASSOCIATION B. Acting Assignment Pay When formally assigned to perform in an acting capacity in the absence of the Marine Safety Chief, a Marine Safety Lieutenant shall be compensated for each full hour worked at the rate of twelve and one-half percent (12 Y2%) of the employee's base hourly rate of pay. 2. Acting Chief selection shall be made at the discretion of the Department Head or designee and seniority will not be the controlling criteria. C. Certification Pay Marine Safety Officer II (MSO II) — Employees classified as MSO II shall receive five percent (5%) above their base hourly rate for maintaining active certification in all of the following: SCUBA/Rescue, ICS (Incident Command System) 100 and 200; Instructor 1A and 1 B; SCUBA/Dry Suit; and Instructor Emergency Response Red Cross. 2. Marine Safety Lieutenant — Employees classified as Marine Safety Lieutenant shall receive five percent (5%) above their base hourly rate for maintaining active certification in all of the following: ICS (Incident Command System) 300; Command 1A and 1 B; and Management I. D. Holiday Pay -In -Lieu In addition to regular compensation, employees shall receive, each month, one -twelfth (1/12) of the total holiday hours (80) earned for the year. Employees shall be entitled to an additional eight (8) hours of pay at their regular rate for any day declared by the President of the United States to be a national holiday, or any day declared by the Governor of the State of California to be a state holiday, if such day is adopted by the City Council of the City of Huntington Beach as a special holiday for City employees (i.e., day of mourning). h . _;Holidays Specified - The holidays governed by this MOU are listed below New Years Day • Martin Luther King Holiday o Presidents Day Memorial Day_ Independence_ Day Labor Day;_ Veteran's Days Thanksgiving Day___ Day After Thanksgiving; 10 Christmas Day MSMOA MOU FINAL 06-09 2011-2013 4 MARINE SAFETY OFFICERS' MANAGEMENT ASSOCIATION E. Bilingual Skill Employees who are approved by their Department Head to use their bilingual abilities as part of their job assignment shall be paid an additional five percent (5%) above their base hourly rate. Said employees must be tested and be certified by the Human Resources Wa Director or designee as to their language proficiency in order to be eligible for said compensation. Eligibility for bilingual pay shall be limited to the following languages: Spanish, Vietnamese, French, German, Japanese and sign language. F. Effective Date of Special Pay All special pay shall be effective the first full pay period following certification and verification as approved by the Department Head or designee. G. No Pyramiding of Special Pay Each special pay that is a percentage of base hourly pay shall not be counted towards the value of any other special pay. H. Reporting to PERS Pursuant to state law and regulations, compensation paid as a result of this Article shall be reported to the California Public Employees' Retirement System (CaIPERS) as special compensation. ARTICLE VII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. General Policv The City provides uniforms to employees on active duty who are required to wear a standard uniform for appearance, uniformity, and public recognition purposes. B. Affected Employees All employees shall wear a standard City uniform, as provided in the City of Huntington Beach Community Services Department General Order III. The Department Head shall determine which employees must wear a uniform. C. Personal Protective Equipment All personal protective equipment shall be provided based on employee safety needs for the performance of duties as approved by the Department Head. D. Employee Responsibilities 1. To wear a clean and complete uniform as required. MSMOA MOU FINAL 06-09 2011-2013 5 MARINE SAFETY OFCICERS' MANAGEMENT ASSOCIATION 2. Uniform appearance shall be worn with pride in appearance to the public i.e., shirt buttoned, shirt tail tucked in, etc. 3. To wash and provide minimum repair i.e., buttons, small tears, etc. 4. To not wear the uniform for other than City duties or work. 5. To notify supervisor of the need to replace due to disrepair or severe staining producing an undesirable appearance. 6. To turn in all uniform components, including patches upon separation from employment. 7. To turn in all personal protective equipment upon separation from employment. 8. To wear all personal protective equipment prescribed by the City safety officer and/or Supervisor of the division. E. City Responsibilities 1. To provide or pay for required uniforms. 2. The City will report to CalPERS the average annual cost of uniforms for each employee as special compensation in accordance with Title 2, California Code of Regulations, Section 571(a)(5). For employees who are not required to wear a uniform on a daily basis or who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. ARTICLE Vill - HOURS OF WORK/OVERTIME A. Hours of Work Defined For purposes of this article, calculating overtime, approved vacation, sick leave and compensatory time shall count as hours worked. B. Overtime/Compensatory Time 1. Paid Overtime a. Overtime is defined as one and one half (1 1/2) times the employee's regular rate of pay for all time worked in excess of their scheduled work shift. b. Regular rate of pay is defined as the employee's base hourly rate of pay plus their eligible special pays. MSMQA MOU FINAL 06-09 2011-2013 6 MARINE SAFETY OFFICERS MANAGEMENT ASSOCIATION 2. Compensatory Time Employees may elect to receive compensatory time off that may be earned to a maximum of one hundred twenty (120) hours in lieu of such overtime pay. Employees may convert up to sixty (60) hours of compensatory time to cash at the employee's regular rate of pay once per calendar year. 3. Court Time a. Court Standbv Employees required to be on standby for a court appearance during other than their scheduled working hours shall receive a minimum of two (2) hours their regular rate of pay for each morning and afternoon court sessions. b. Court Appearance Employees required to appear in court during other than their scheduled working hours shall receive a minimum of three (3) hours at the overtime rate. 4. Holidays Worked Employees who work on _ ^^n^u;z� +� ^�� the following) holidays` shall be compensated at the overtime rate for all hours worked, 11. New Years Day_ 2. Martin Luther King Holiday 3. Presidents Day 4. Memorial Day =5. Independence Day 6. Labor Day; �8. 7. Veteran's DaThanksgiving Day 9. Day After Thanksgiving 1.0.Christmas Day MSMQA MOU FINAL 06-09 2011-2013 7 MARINE SAFETY OFFICERS' MANAGEMENT ASSOCIATION C. 4/10 Work Schedule Defined The 4/10 work schedule shall be defined as working four (4) days, ten (10) hours per day, for a total of forty (40) hours per week. The 4/10 work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). All employees on the 4/10 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Administrator, Community Services Department Director or their designee, may require such service from any of said employees. D. Standby An employee who is authorized to be on standby status by their Supervisor shall be compensated two (2) hours at the overtime rate for each eight (8) hour standby period, or any part thereof. A Supervisor shall notify an available employee, in advance, of the need to be on standby status. ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS A. Health The City shall continue to make available group medical, dental and vision benefits to all association employees. The effective date for medical, dental and vision coverage is the first of the month following date of hire. 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, unless otherwise precluded by CaIPERS PEMCHA. All employee contributions shall be deducted on a pre-tax basis. A copy of the medical, dental and vision plan brochures may be obtained from the Human Resources Office. 1. California Public Employees' Retirement System - Public Employees' Medical and Hospital Care Act (CaIPERS PEMHCA) The City presently contracts with CaIPERS to provide medical coverage. The City is required under CaIPERS PEMHCA to make a contribution to retiree medical premiums. A retiree's right to receive a City contribution, and the City's obligation to make payment on behalf of retirees, shall only exist as long as the City contracts with CaIPERS for medical insurance. 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 MSMOA MOU FINAL 06-06 2011-2013 8 MARINE SAFETY OFFICERS' MANAGEMENT ASSOCIATION The City shall contribute on behalf of each employee, the mandated minimum sum as required per month toward the payment of premiums for medical insurance under the PEMHCA program. As the mandated minimum is increased, the City shall make the appropriate adjustments by decreasing its flex benefits contribution accordingly as defined in the following sub -section. b. Maximum Employer Contributions Toward Flex Benefits For the term of this agreement, the City's maximum monthly employer contribution for each employee's medical and vision insurance premiums are set forth as follows: i. Effective Ja un ary 1, 261207, the City Contribution'° shall remain at the same level as !the Employer Monthly Contribution' for all medical and uision_plans as of Janua1, 20117This shall be the sum of the ry participating Orange County Blue Shield HMO-PEMHCA Plan plus the VSP Vision Plan premiums for each of the following categories: a. Employee only ("EE") b. Employee + one dependent ("EE" + 1) C. Employee + two or more dependents ("EE" + 2) The maximum City Contribution shall be based on the employee's enrollment in each plan. The parties agree that the required PEMHCA contribution is included in this sum stated in the sub- section above. If the employee enrolls in a plan wherein the costs exceed the City Contribution, the employee is responsible for all. additional premiums through pre-tax payroll deductions. Lii.Effective January 1, 2013, the City Contribution in each cat goecat ry shall not i crease.! Any increase in premiums above the 2012, Contribution Cap will be the responsibility of the employ ..� WM .• Mr S• WINa ... El - - - IVISIAGA MOU FINAL 06-09 2011-2013 9 MARINE SAFETY ' MANAGEMENT ASSOCIATION less tha4m +eR PeFGeAt (10%) the a I9yee Will not he eRtitled 4n reeewye the dofferenoe V_ . .. • .. ii. In the event the Orange County Blue Shield HMO PEMCHA option, the City's contribution for 2012 increase] 2. Dental Insurance Plan is no longer a and 2013 shall note The annual maximum benefit for the Delta Dental PPO plan is $2000 (two thousand dollars). a. Effective Janua 1 20128� the maximum City Contribution shall be ry__ , , Y equivalent to the premium for the Delta Dental PPO plan based on the employee's enrollment of employee only ("EE"), employee plus one dependent ("EE+1 ") or employee _plus two or more dependents ("EE+2") as reflected in the Employer Monthly Contribution rates for January 1, 2011j b__. Effective January 1, 2013, the City Contribution shall not increase. It shall remain at the same contribution level as January 1, 2012. 7-11w-7-2. .............. • .. ■■. ■■. 3. 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 MSMGA MOU FINAL 96-02 2011-2013 10 MARINE SAFETY ' MANAGEMENT ASSOCIATION governed by the Government Code that requires the City to extend this benefit to retirees (annuitants). While the City is contracted with CaIPERS to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. a. City Contribution (Unequal Contribution Method) for Retirees As provided by the Government Code and the CalPERS 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 starting year for the unequal contributions method is 2004 at $1.00 per month. The City's contribution for each annuitant shall be increased annually by five percent (5%) of the monthly contribution for employees, until such time as the contributions are equal. The Service Credit Subsidy will be reduced every January 1 st by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). The City shall make these payments only while the City is a participant in the PEMHCA program. 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 in Resolution No. 2000-123 Exhibit D 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. 4. Additional Costs for Participation in the PEMHCA program a. Retiree and/or Annuitant Coverage The Association shall pay to the City an amount equal to $1.00 per month for each additional retiree and/or annuitant in the bargaining unit who elects to participate in the PEMHCA plan but is not participating in the City sponsored retiree medical program as of the beginning of a pay period after the PEMHCA program is in place. Each January 1st the amount per month paid to the City for each retiree and/or annuitant described above shall increase by the amount PEMHCA MSMGA MOU FINAL 06-09 2011-2013 11 MARINE SAFETY OFFICERS' MANAGEMENT ASSOCIATION requires the City to pay on behalf of each retiree (annuitant). Article IX.A.3.a. 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 CalPERS after the announcement of State Legislation, Judicial Rulings, or a CalPERS Board Action that changes the employer's contribution, insurance premiums or program changes to the 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. B. Medical Cash -Out If an employee is covered by a medical program outside of a City -provided program (evidence must be supplied to the Human Resources Department 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 long as the contribution is in accordance with applicable Internal Revenue Code or regulations. An employee may elect to discontinue vision coverage. The employee premium paid for vision coverage will be applied toward medical premium, unless the employee opts out of the City's medical plan (in which case the employee will not receive the cash benefit). MSMOA MOU FINAL 06-09 2011-2013 12 MARINE SAFETY OFFICERS MANAGEMENT ASSOCIATION C. 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. D. Life and Accidental Death and Dismemberment (AD&D) Insurance Coverage The City will provide fifty thousand dollars ($50,000) of term life insurance and fifty thousand dollars ($50,000) of AD&D insurance coverage for each employee at the City's cost, without evidence of insurability other than evidence of full time employment status. Optional insurance is available at the employee's own cost. E. Long Term Disability Insurance The existing long-term disability program provided to employees by the City shall remain in effect. The existing long-term disability program has a sixty (60) calendar day qualifying period. After the sixty (60) calendar day qualifying period', the employee will be covered by an insurance plan paid for by the City which will provide 66 2/3% of the employee's salary rate (excluding overtime and any special pay) up to a maximum of $10,000 a month in accordance with the following: Disability Due to Accident Disability Due to Illness First 60 Days Regular Pay Regular Pa Next 24 Months 66 2/3% of Base Pay 66 2/3% of Base Pa To age 65 66 2/3% of Base Pay None Days and months refer to calendar days and months 2. The LTD Plan is integrated with Workers' Compensation, Social Security and other non -private program benefits to which entitled. 3. Disability is defined as the inability to perform all of the duties of the employee's regular occupation during two (2) years and thereafter the inability to engage in any employment or occupation for which he/she is fitted by reason of education, training or experience. 4. The LTD Plan provides for a Survivors' benefit payment for three (3) months beyond the employee's death. Please note that Article XI Section C. Sick Leave Compensation provides up to sixty (60) calendar days paid sick leave per incident or illness. MSMQA MOU FINAL 06-09 2011-2013 13 MARINE SAFETY OFFICERS'. MANAGEMENT ASSOCIATION 5. The terms and conditions of the disability insurance coverage are set forth in the policy, a copy of which is on file in the Human Resources Division office. In the event of any conflict between the policy and this article, the policy shall control. The City may change insurance companies, policies, or self -insure this benefit, provided that the plans shall remain comparable to that currently in effect. ARTICLE X - RETIREMENT A. Benefits 1. Public Employees' Retirement System The City shall provide the 3% @ Age 50 retirement formula set forth in California Government Code Section 21362.2 for all safety employees represented by the. Association. .. .• .. shall be -mement MSMOA MOU FINAL 06-0a 2011-2013 14 MARINE SAFETY OFFICCRS' MANAGEMENT ASSOCIATION 2. Self -Funded Supplemental Retirement Benefit In the event an employee ; elects Option #1, Option #2, #2W, Option #3, #3W (984eR-2133-3) or Option #4 3� (SeEttieR 21334) of the Public Employees' Retirement Law, and the employee is a unit employee who was hired before November 2, 1998, the City shall pay the difference between such elected option and the unmodified allowance which the employee would have received for his or her life alone as provided in California Government Code Sections 21455, 21456, 21457, and 21458 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the employee, shall be payable by the City during the life of the employee, and upon that employee's death, the City's obligation shall cease. The method of funding for this benefit shall be at the sole discretion of the City. This benefit is vested for employees hired before November 2, 1998. JAII unit employees hired on or after" November 2, 1998 shall not be eligible for this benefit. (Note; The optiens pFev,,to that the allowaRG (Note: to incorporate the side letter of March 2009 into the MOU Reso — 2009-14) 3. 1959 Survivors' Benefit Level IV Members of the City's safety retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. 4. Medical Insurance for Retirees As required by the Government Code, while the City is contracted with CalPERS to participate in the PEMHCA program, retired employees (annuitants) shall have available the ability to participate in the Public Employees' Medical and Hospital Care Act (PEMHCA) program. CalPERS shall be the sole determiner of eligibility for retiree (annuitant) to participate in the PEMHCA program. B. Public Employees' Retirement System Reimbursement and Reporting: 1. Employees' Contribution: Each employee covered by this agreement shall be reimbursed an amount equal to not to exceed nine percent (9%) of the employee's base salary plus education incentive pay as pickup of a portion of each employee's CalPERS contribution. The above CalPERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. a) _Each employee covered; by this agreement shall contribute 5.5% towards the employee share of CaIP�ERS effective the pay period beginning October 1,�� 2011, through and including the'_end of the pay period that includes September 30, 2012.j —-- MSMOA MOU FINAL 06-00 2011-2013 15 MARINE SAFETY OFFICERS' MANAGEMENT ASSOCIATION b) Each employee covered by this agreement shall contribute 6.25% towards the employee share of CalPERS effective the beginning of the_pay_period that includes October 1, 2012, and thereafter C. Health Savings Account for Post Retirement Medical Benefits The City shall implement a voluntary health savings account plan during the term of the agreement for the purpose of allowing employees the opportunity to fund post medical retirement health premiums. D. Pre -Retirement Optional Settlement 2 Death Benefit The City provides its safety employees Pre -Retirement Optional Settlement 2 Death Benefit. ARTICLE XI - LEAVE BENEFITS A. Vacation: The purpose of annual vacation is to provide a rest period, which will enable each employee to return to work physically and mentally refreshed. 1. Accrual: Employees in City service, having an average workweek of forty (40) hours (full time), shall accrue annual vacations with pay in accordance with the following: Years of Service Vacation Allowance First through Fourth Year 112 hours Fifth through Ninth Year 136 hours Tenth through Fourteenth Year 160 hours Fifteenth Year and Thereafter 192 hours 2. Eligibility and Permission a. 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. Permanent, part-time employees assigned a work schedule of less than thirty (30) hours but more than twenty (20) hours per week shall receive vacation in one-half the amounts set forth above. Employees assigned to a workweek of less than forty (40) and more than thirty (30) hours per week shall receive vacation in three -fourths (3/4) the amounts set forth above. c. No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not be accrued in excess of three hundred twenty (320). Vacations shall be taken only with permission of the Department Head; however, the department head shall schedule all vacations with due MSMOA MOU FINAL 06-09 2011-2013 16 MARINE SAFETY OFFICERS' MANAGEMENT ASSOCIATION consideration for the wish of the employee and particular regard for the need of the department. 3. Conversion to Cash An employee may elect to take up to eighty (80) hours of pay per fiscal year for accrued vacation in lieu of time off. It is the intent of the parties that employees will take vacation during the fiscal year. a. Pay -Off at Separation from Employment Upon separation from employment th compensation at his/her current regula vacation to which he/she is entitled up his/her separation from employment. B. Sick Leave e r terminating employee shall receive rate of pay for all unused, earned to and including the effective date of As of July 31, 1974, all sick leave accumulation was frozen for purposes of payoff upon termination and no additional time will be accumulated. Salary continuation for approved sick leave is covered under Article IX.E. C. Time Off for Injury or Illness All employees shall be entitled to use up to sixty (60) calendar days paid leave per injury or illness. This leave shall not accumulate or have any cash value as such employees may not cash out unused leave upon separation of employment from the City D. Family Leave Benefit Entitlements As employees do not accrue sick leave, all employees will be allowed to use up to (sixty) 60 hours per calendar year for to care for a child, parent, spouse, or registered domestic partner during illness. 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 paid sick leave and earned vacation, and/or compensatory time for the duration of the approved leave. MSMQA MOU FINAL 06-02 2011-2013 17 MARINE SAFETY ' MANAGEMENT ASSOCIATION E. Bereavement Leave Employees are entitled to bereavement leave not to exceed three (3) working days per calendar year per incident of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, registered domestic partner, children, grandfather, grandmother, stepfather, stepmother, stepgrandfather, stepgrand mother, 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. F. Deferred Compensation/ Leave Cash -Out 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. G. Voluntary Catastrophic Leave Donation Program Under certain conditions, employees may donate leave time to another employee in need. The program is outlined in Exhibit E of this Memorandum of Understanding. ARTICLE XII - CITY RULES All City Personnel Rules shall apply to Association members, however, to the extent this MOU modifies the City's Personnel Rules; the Personnel Rules as modified will apply to Association members. ARTICLE XIII — MISCELLANEOUS A. Salary Upon Appointment When an appointment of a recurrent lifeguard to the classification of Marine Safety Officer occurs, the salary step upon appointment shall be determined in the same manner as salary step upon promotions under the City's Personnel Rules. B. Physical Examinations The City agrees to pay for bi-annual physical examinations, to include stress EKG, when authorized by the Department Head, with the understanding that results thereof may be utilized for the determination of the employee's continued ability to perform duties of the position. A copy of the physical examination shall be provided to the employee upon his request. MSMOA MOU FINAL 06-09 2011-2013 18 MARINE SAFETY OFFICERS MANAGEMENT ASSOCIATION C. Conditioninq Time Unit employees may be allowed up to one (1) hour on each regularly scheduled shift to be used for physical conditioning. D. 1,500 Hour Recurrent Employees The Association agrees to permit the City to implement a fifteen hundred (1,500) work hour per year for non-HBMSBMA positions, subject to official change in Personnel Rules 5-24. E. Collection of Payroll Overpayments 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. Unauthorized compensation payments shall not constitute a past practice. MSMOA MOU FINAL 06-09 2011-2013 19 MARINE SAFETY OFFICERS' MANAGEMENT ASSOCIATION F. Grievance Hearing Cost Sharing Grievance hearing costs shall be shared equally by the City and the Association. The parties agree that under no circumstances shall the grievant(s) be required to pay any part of the grievance hearing costs. G. Personnel Rule 19 Modification City and Association agree to implement Personnel Rule 19 modifications as provided in Exhibit D attached hereto and incorporated by reference. H. Update Employee -Employer Relations Resolution (EERR) During the term of the Agreement, the City and the Association agree to meet and confer to update the Employee -Employer Relations Resolution to reflect current state law. Modified Return to Work Policy The City and the Association agree to meet and confer during the term of the Agreement to establish a modified return to work policy for employees who experience industrial or non -industrial illness and/or injury. Controlled Substance and Alcohol Testing The City maintains the right to conduct a test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace, consistent with department policy. K. Re -Opener 1. In the event the City considers a two -tiered retirement system program the parties agree to reopen discussions on this item. a. MSMA will agree to the implementation of a second -tier CalPERS retirement formula for newly hired MSMA employees, if all other safety units agree to implement a second -tier formula. 2. The parties agree to re -open discussions in the event the City of Huntington Beach reorganizes the structure of this unit due to contracting, merging, or sharing services with another public agency. MSMOA MOU FINAL 06-02 2011-2013 20 M In M A MARINE SAFETY OFFICERS MANAGEMENT ASSOCIATION ARTICLE XIV - 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 , 201107. CITY OF HUNTINGTON BEACH A Municipal Corporation Fred A. Wilson City Manager Paul Emery Deputy City Manager Michele Carr Director of Human Resources Kyle Lindo Marine Safety Chief Jo Ann Diaz Negotiations Team Member Irma Rodriguez-Moisa Chief Negotiator A al an 91 HUNTINGTON BEACH MARINE SAFETY ACCIGERS' MANAGEMENTI ASSOCIATION. Mike Bartlett President MSMA Mike Powell Business Agent Mike Beuerlein V;r-,e PTes;deRt --Negotiations Team Member - MSMA Eric Dieterman Negotiations Team^,'—MeiiFerVice President - MSMA APPROVED AS TO FORM Jennifer McGrath City Attorney MSMOA MOU FINAL 06-09 2011-2013 21 MARINE SAFETY OFFIGERS' MANAGEMENT ASSOCIATION EXHIBIT A - MSSMA SALARY SCHEDULE MSMQA MOU FINAL 06-09 2011-2013 22 MARINE SAFETY OFFICERS' MANAGEMENT ASSOCIATION EXHIBIT A — MSOMA SALARY SCHEDULE /\A/ago i��o of C.0%\ ,Effective October 1, 2011 _September 30, 2013' (originally effective 10/1/08) Step Job Code Classification Range A B C D E 0467 Marine Safety Officer 1 531 $5,342 $5,635 $5,945 $6,273 $6,618 $30.82 $32.51 $34.30 $36.19 $38.18 $6,049 $6,382 $6,734 $7,105 $7,495 0468 Marine Safety Officer II 556 $34.90 $36.82 $38.85 $40.99 $43.24 $6,788 $7,160 $7,554 $7,970 $8,408 0105 Marine Safety Lieutenant 579 $39.16 $41.31 $43.58 $45.98 $48.51 MSMGA MOU FINAL 06-09 2011-2013 23 MARINE SAFETY OFFICSec' MANAGEMENT ASSOCIATION EXHIBIT B — SERVICE 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. 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. During any period the retired employee is eligible to receive or receives medical insurance coverage at the expense of another employer, the payment will be suspended. "Another employer" as used herein means private employer or public employer or the employer of a spouse. As a condition of being eligible to receive the Service Credit Subsidy as set forth in this plan, the City shall have the right to require any retiree to annually certify that the retiree is not receiving or eligible to receive any such medical insurance benefits from another employer. If it is later discovered that a misrepresentation has occurred, the retiree will be responsible for reimbursement of those amounts inappropriately expended and the retiree's eligibility to receive further benefits will cease. b. On the first of the month in which a retiree or dependent reaches age sixty five (65) or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City's obligation to pay Service Credit Subsidy may be adjusted downward or eliminated. c. 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. MSMGA MOU FINAL 06-06 2011-2013 24 MARINE SAFETY OFFICERS' MANAGEMENT ASSOCIATION EXHIBIT B — SERVICE CREDIT SUBSIDY PLAN 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 one hundred twenty dollars ($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 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 16 210 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 IX.A.3.a. provides an example of expected reductions per retiree per month. MSMOA MOU FINAL 06-0S 2011-2013 25 MARINE SAFETY OFFICERS' MANAGEMENT ASSOCIATION EXHIBIT B — SERVICE CREDIT SUBSIDY PLAN 8. Medicare a. All persons are eligible for Medicare coverage at age sixty-five (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 sixty five (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 sixty-five (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 sixty-five (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 sixty-five (65) is not eligible for paid Part A of Medicare and his/her spouse who is also age sixty-five (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 sixty-five (65). At age sixty-five (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. MSMOA MOU FINAL 06-09 2011-2013 26 MARINE SAFETY ' MANAGEMENT ASSOCIATION EXHIBIT C — MODIFICATIONS TO EMPLOYEE -EMPLOYER RELATIONS RESOLUTION A. Employer -Employee Relations Resolution 1. Modification of Section 7 — Decertification and Modification a) The City and the Association desire to maintain labor stability within the representational unit to the greatest extent possible, consistent with the employee's right to select the representative of his or her own choosing. For these purposes, the parties agree that this Agreement shall act as a bar to appropriateness of this unit and the selection of the representative of this unit, except during the month of August prior to the expiration of this Agreement. Changes in bargaining unit shall not be effective until expiration of the MOU, except as may be determined by the Personnel Commission pursuant to the procedures outlined below. This provision shall modify and supersede the time limits, where inconsistent, contained in Section 7 of the current Employer - Employee Relations Resolution of the City of Huntington Beach. b) The City and the Association have agreed to a procedure whereby the City, by and through the Human Resources Director Managef, would be entitled to propose a Unit Modification. The Association and the City agree to jointly recommend a modification of the City of Huntington Beach Employer -Employee Relations Resolution (Resolution Number 3335) upon the City's having completed its obligation to meet and confer on this issue with all other bargaining units. The proposed change to the Employer -Employee Relations Resolution is as follows: 7-3. Personnel Direction Motion of Unit Modification — The Human Resources Director Manage may propose, during the same period for filing a Petition for Decertification, that an established unit be modified in accordance with the following procedure: 1) The Human Resources Director Manage f shall give written notice of the proposed Unit Modification of Modifications to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources Director ""a.F'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 Director Manage f shall provide all affected employee organizations with all correspondence, memoranda, and other documents which relate to any input regarding the Unit Modification which may have been received by the City or from affected employees and/or sent by the City to affected employees; 2) Following receipt of the Human Resources Director MaRagef'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 MSMOA MOU FINAL 06-09 2011-2013 27 MARINE SAFETY OFFICERS' MANAGEMENT ASSOCIATION EXHIBIT C — MODIFICATIONS TO EMPLOYEE -EMPLOYER RELATIONS RESOLUTION change and to formulate a written and/or oral response to the Motion for Unit Modification to the Personnel Commission; 3) The Personnel Commission shall conduct a noticed Public Hearing regarding the Motion for Unit Modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed Unit Modification which determination may include a granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of Bargaining Units. Following the Personnel Commission's determination of the composition of the appropriate Unit or Units, it shall give written notice of such determination to all affected employee organizations; 4) Any party who chooses to appeal from the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. B. During the term of the agreement, the City and the Association agree to update the Employee -Employer Relations Resolution to reflect current State law. MSMGA MOU FINAL 06-09 2011-2013 28 MARINE SAFETY ' MANAGEMENT ASSOCIATION EXHIBIT D — MODIFICATIONS TO PERSONNEL RULE 19 19-1. PURPOSE. The purpose of this rule is to provide a means by which grievances of employees or employee organizations may be considered, discussed and resolved at the level closest to their point of origin. The grievance procedure provided for in this rule does not apply to the review of employee disciplinary matters which subject is treated in Rule 20 hereof. 19-2. DEFINITION. For the purpose of this rule, a grievance is a dispute concerning the interpretation or application of any provision of the city's Employer - Employee Relations Resolution, or any provision of this resolution or any departmental rule governing personnel practices or working conditions, with the exception of matters excluded by Section 19-3. 19-3. MATTERS EXCLUDED FROM GRIEVANCE PROCEDURE. The following subjects are excluded from the grievance procedure provided for herein: (a) The review of employee disciplinary matters, which is treated in Rule 20 hereof. (b) All matters subject to impasse procedure, provided in the Employer - Employee Relations Resolution. 19-4. SUBMISSION OF GRIEVANCES. Any individual employee or recognized employee organization shall have the right to present a grievance. If two (2) or more employees have essentially the same grievance and report to the same supervisor, they may, and if requested to do so by the city, must jointly or collectively present and pursue their grievance. If a grievance is alleged by three (3) or more employees, the group shall, at the request of the city, appoint one of such employees to speak for the group. 19-5. GRIEVANCE PROCEDURE. The grievance procedure shall consist of the following steps, each of which must be completed prior to any request for further consideration of the matter unless otherwise provided herein: Step 1. Informal Discussion (optional). If an employee feels that he has a grievance, as defined in Section 19-2, he may request a meeting with his immediate supervisor within ten (10) days after the employee becomes aware or reasonably should have become aware of the subject matter of the grievance. The immediate supervisor, within ten (10) days of such request, shall meet with the employee when so requested and discuss the grievance in an effort to clarify the issue and work toward a cooperative settlement or resolution of the dispute. The immediate supervisor shall present, verbally or in writing, his decision to the employee within ten (10) days from the time of the informal discussion. Step 2. Formal Procedure. Immediate Supervisor. If the grievance is not settled through informal discussion, or if the employee elects not to invoke his MSMOA MOU FINAL 06-09 2011-2013 29 MARINE SAFETY OFFICERS' MANAGEMENT ASSOCIATION EXHIBIT D — MODIFICATIONS TO PERSONNEL RULE 19 right to informal discussion, the employee may formally submit a grievance to his immediate supervisor within ten (10) days following the decision pursuant to informal discussion, or in the event the employee does not elect to invoke his right to informal discussion, within ten (10) days after the occurrence which gives rise to the grievance or after the employee becomes aware or reasonably should have been aware of the subject matter of the grievance. Such submission shall be in writing, stating the nature of the grievance and a suggested solution or requested remedy. Within ten (10) days after receipt of the written grievance, the immediate supervisor shall meet with the employee. Within ten (10) days thereafter written decision shall be given the employee by the immediate supervisor. Step 3. Department Head. In cases where the department head is not the immediate supervisor, if the grievance is not settled under Step 2, the grievance may be presented to the department head. The grievance shall be submitted within ten (10) days after receipt of the written decision from Step 2. Within ten (10) days after receipt of the written grievance, the department head or his representative, shall meet with the employee and his immediate supervisor, if any. Within ten (10) days thereafter written decision shall be given to the employee. Step 4. City Manager Admin�s#ater. If the grievance is not settled under Step 3, the grievance may be presented to the City Manager Adminietra+nr 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 Director meager 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 Director Manage , 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 Manager AdMinistrainr within ten (10) days following such hearing. The City Manager AdministFatnr 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 ten (10) days after receipt of report, or the hearing provided for above, if such hearing is set by the City Manager Ad ministica+nr' the City Manager Admin*stFa nr shall make written decision and cause such to be served upon the employee or employee organization and the Human Resources Director Manage . Step 5. Personnel Commission. If the grievance is not settled under Step 4, it may be appealed. to the Personnel Commission for de novo hearing and final determination in accordance with the following procedure: MSMQA MOU FINAL 06-09 2011-2013 30 MARINE SAFETY OFFICERS! MANAGEMENT ASSOCIATION EXHIBIT D — MODIFICATIONS TO PERSONNEL RULE 19 (a) Within ten (10) days after the time decision is rendered under Step 4 above, a written statement of grievance shall be filed with the Human Resources Director Manager. Such statement of grievance shall set forth in detail the nature of the grievance, the facts surrounding the subject matter of the grievance, the contentions of the employee and the proposed, solution or determination. (b) As soon as practicable thereafter, the Human Resources Director Manage 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. 19-6. SUPPLEMENTAL HEARING BY PERSONNEL COMMISSION (a) The Commission may, in its sole discretion, after it has received the written report and recommendation of the hearing officer, set the matter for private hearing for the purpose of receiving additional evidence or argument. In the event the Commission sets a private hearing for such purpose, the Human Resources Director MaRage shall give written notice of such to all parties concerned in such matter. (b) The Commission, following a consideration of the hearing officer's written report and recommendation and deliberation thereon and any supplemental hearing before the Commission, shall make findings, conclusions and decision which shall be final and binding on all parties and from which there shall be no further appeal. 19-7. GRIEVANCE. DEPARTMENT HEAD. Any department head who has a grievance may present it to the City Manager AdMiRistFatGHrr for determination. The City Manager AdMiRistFatef shall render a written decision to said department head within ten (10) days after such submission, which decision may be appealed by the department head to the Personnel Commission in accordance with Step 5 of Section 19-5. MSMOA MOU FINAL 06-06 2011-2013 31 MARINE SAFETY OFFICERS MANAGEMENT ASSOCIATION EXHIBIT E- 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. Employees who accrue vacation, general leave or compensatory time may donate such leave to another employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The leave -sharing Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of vacation, general, or sick leave. 2. Definitions Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued compensatory, vacation or general leave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. 4. Eligibility 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 e Requests donated leave. MSMGA MOU FINAL 06-09 2011-2013 32 MARINE SAFETY OFFICERS! MANAGEMENT ASSOCIATION EXHIBIT E— VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM 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 dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient's hourly wage. An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Employees wanting to make donations will submit an Authorization for Donation to the Human Resources Department O+vsieR 1 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 Department Division on questions regarding employee participation in this program. MSMGA MOU FINAL 06-06 2011-2013 33 MARINE SAFETY OFFICERS MANAGEMENT ASSOCIATION EXHIBIT E- VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Request Form According to the provisions of the Voluntary Catastrophic 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 I am not receiving disability benefits or Workers' Compensation payments. Please submit this form to Finance/Payroll or to the Human Resources Department Division. MSMOA MOU FINAL 06-80 2011-2013 34 MARINE SAFETY OFFICERS' MANAGEMENT ASSOCIATION EXHIBIT E— VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name. (Please Print or Type: Last, First, MI) !Work Phone: Donor Job Title: .--- — -.---- ;!Type of Accrued Leave: F Number of Hours I wish to Donate: -❑ Vacation Hours of Vacation ❑ Compensatory Time Hours of Compensatory Time ❑ General Leave Hours of General Leave I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued vacation, comp or general leave hours to the Leave Donation Program for: Eligible recipient employee's name (Last, First, MI): Donor Signature Date Please submit to Finance/Payroll in or to the Human Resources Department O+v+sionm MSMOA MOU FINAL 06-09 2011-2013 35 ATTACHMENT #2 Item 6. - 43 HB -100- RESOLUTION NO. 2011-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH MARINE SAFETY MANAGEMENT ASSOCIATION (MSMA) [FORMERLY MARINE SAFETY OFFICERS' ASSOCIATION — MSOA], FOR OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2013 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 Marine Safety Management Association ("MSMA"), a copy of which is attached hereto as EXHIBIT A and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof, and the City Manager is authorized to execute this Agreement. Such Memorandum of Understanding shall be effective for the term of October 1, 2011, through September 30, 2013. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on this 3rd day of _ October , 2011. A PVROVED AS TO FORM: Exhibit "A" Resolution No. 2011-80 MIARINE SAFETY MP_.htAGENIENT ASSOCIATION' -01 - 2013 MEMOF.ANDUfli OF UNDERSTANDING FABLE OF CONTENTS PREAMBLEI ..................................................................................................................1 ARTICLE I - TERM OF MOU........................................................................................... I ARTICLE II - REPRESENTATIONAL UNIT/CLASSIFICATIONS................................... 2 ARTICLE III - MANAGEMENT RIGHTS.......................................................................... 2 ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT .......................................... 2 ARTICLE V - SALARY SCHEDULE................................................................................ 2 A. WAGE INCREASES.............................................................................................................3 ARTICLEVI - SPECIAL PAY.......................................................................................... 3 A. EDUCATION INCENTIVE PAY...............................................................................................3 B. ACTING ASSIGNMENT PAY.................................................................................................4 C. CERTIFICATION PAY ...... :................................ .................4 .................................................. D. HOLIDAY PAY-IN-LIEU.......................................................................................................4 E. BILINGUAL SKILL...............................................................................................................5 F. EFFECTIVE DATE OF SPECIAL PAY.....................................................................................5 G. NO PYRAMIDING OF SPECIAL PAY......................................................................................5 H. REPORTING TO PERS.......................................................................................................5 ARTICLE VII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT ............................ 5 A. GENERAL POLICY..............................................................................................................5 B. AFFECTED EMPLOYEES.....................................................................................................5 C. PERSONAL PROTECTIVE EQUIPMENT..................................................................................5 D. EMPLOYEE RESPONSIBILITIES............................................................................................5 E. CITY RESPONSIBILITIES.....................................................................................................6 ARTICLE VIII - HOURS OF WORK/OVERTIME............................................................. 6 A. HOURS OF WORK DEFINED................................................................................................6 B. OVERTIME/COMPENSATORY TIME......................................................................................6 1. Paid Overtime...................................................................................................................................6 2. Compensatory Time.........................................................................................................................7 3. Court Time........................................................................................................................................7 a. Court Standby..............................................................................................................................7 b. Court Appearance........................................................................................................................7 4. Holidays Worked..............................................................................................................................7 C. 4/10 WORK SCHEDULE DEFINED........................................................................................8 D. STANDBY..........................................................................................................................8 ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS ..................................... 8 A. HEALTH............................................................................................................................8 1. CaIPERS PEMHCA..........................................................................................................................9 MSMA MOU FINAL.2011- 2013 i Exhibit "A" Resolution No. 2011-80 VtAFtNE, SAFE`Yf�FtANIAGEW[EKT I.SSOCIATIOft 2011- 2013 f~efiEMiiORANDUMl , OF UNIDERSTAND[NG TABLE OF CONTENTS a. PEMHCA Employer Contributions...............................................................................................9 b. Maximum Employer Contributions...............................................................................................9 2. Dental Insurance............................................................................................................................10 3. Retiree (Annuitant) Coverage.........................................................................................................10 a. City Contribution (Unequal Contribution Method) for Retirees..................................................10 b. Termination of Participation in the CalPERS PEMHCA Program - Impact to Retirees.............10 4. Additional Costs for Participation in the PEMHCA program..........................................................11 a. Retiree and/or Annuitant Coverage...........................................................................................11 b. Termination Clause....................................................................................................................11 B. MEDICAL CASH-OUT.......................................................................................................12 C. SECTION 125 EMPLOYEE PLAN........................................................................................12 D. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT (AD & D) INSURANCE .........................13 E. LONG TERM DISABILITY INSURANCE.................................................................................13 ARTICLE X - RETIREMENT.......................................................................................... 14 A. BENEFITS.......................................................................................................................14 1. Public Employees' Retirement System..........................................................................................14 2. Self -Funded Supplemental Retirement Benefit..............................................................................14 3. 1959 Survivors' Benefit Level IV....................................................................................................14 4. Medical Insurance for Retirees.......................................................................................................14 B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING ..................14 1. Employees' Contribution................................................................................................................14 C. HEALTH SAVINGS ACCOUNT FOR POST RETIREMENT MEDICAL BENEFITS ...........................15 D. PRE -RETIREMENT OPTIONAL SETTLEMENT 2 DEATH BENEFIT............................................15 ARTICLE XI - LEAVE BENEFITS.................................................................................. 15 A. VACATION.......................................................................................................................15 1. Accrual............................................................................................................................................15 2. Eligibility and Permission................................................................................................................15 3. Conversion to Cash........................................................................................................................16 a. Cash Advance............................................................................................................................16 B. SICK LEAVE....................................................................................................................16 C. TIME OFF FOR INJURY OR ILLNESS...................................................................................16 D. FAMILY LEAVE BENEFIT ENTITLEMENTS............................................................................16 E. BEREAVEMENT LEAVE.....................................................................................................17 F. DEFERRED COMPENSATION / LEAVE CASH-OUT................................................................17 G. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM.................................................17 ARTICLEXII - CITY RULES.......................................................................................... 17 ARTICLE XIII - MISCELLANEOUS............................................................................... 17 A. SALARY UPON APPOINTMENT..........................................................................................17 B. PHYSICAL EXAMINATIONS................................................................................................17 C. CONDITIONING TIME........................................................................................................18 MSMA MOU FINAL 2011- 2013 II Exhibit"A" Resolution No.2011-80 ViA, RINIE SAFETY MANAGENIIENT ASSOCIATION 2011- 2013 NriEivrfORANDUMi OF UNDERSTANDING TABLE OF CONTENTS D. 1,500 HOUR RECURRENT EMPLOYEES.............................................................................18 E. COLLECTION OF PAYROLL OVERPAYMENTS......................................................................18 F. GRIEVANCE HEARING COST SHARING..............................................................................19 G. PERSONNEL RULE 19 MODIFICATION................................................................................19 H. UPDATE EMPLOYEE -EMPLOYER RELATIONS RESOLUTION (EERR)....................................19 I. MODIFIED RETURN TO WORK POLICY.......................................:.......................................19 J. CONTROLLED SUBSTANCE AND ALCOHOL TESTING...........................................................19 K. RE-OPENER...................................................................................................................19 ARTICLE XIV - CITY COUNCIL APPROVAL............................................................... 20 EXHIBIT A - MSMA SALARY SCHEDULE................................................................... 21 EXHIBIT B - SERVICE CREDIT SUBSIDY PLAN ......................................................... 22 EXHIBIT C - MODIFICATIONS TO EMPLOYEE - EMPLOYER RELATIONS RESOLUTION.......................................................................................... 25 EXHIBIT D - MODIFICATIONS TO PERSONNEL RULE 19......................................... 27 EXHIBIT E - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM .......... 30 MSMA MOU FINAL 2011- 2013 III Exhibit "A" Resolution No. 2011-80 MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) and THE HUNTINGTON BEACH MARINE SAFETY MANAGEMENT ASSOCIATION (Hereinafter called ORGANIZATION or MSMA) PREAMBLE WHEREAS, pursuant to California law, the City and the representatives of the Association, a duly recognized employee association, have met and conferred in good faith and reached a full agreement concerning wages, hours, and other terms and conditions of employment. WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this Agreement shall apply to all employees represented by the Association, and WHEREAS, the representatives of the City and Association desire to reduce their agreements to writing, NOW THEREFORE, this Memorandum of Understanding is made, to become effective October 1, 2011, and it is agreed as follows: ARTICLE I - TERM OF MOU This Memorandum of Understanding shall be in effect for a term commencing on October 1, 2011 and ending at midnight on September 30, 2013. 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 and the Association expressly waives any right to request any improvements or changes in salaries or monetary benefits for the employees represented by the Association which would take effect prior to October 1, 2013, and the City of Huntington Beach, through its representatives, shall not be required to meet and confer as to any such request. MSIVIA MOU FINAL 2011- 2013 Exhibit "A" Resolution No. 2011-80 MiARII'E SF.FE T Y VtANAGEWiENI T ASS0Cl/.Tl0i1 ARTICLE II - REPRESENTATIONAL UNIT/CLASSIFICATIONS It is recognized that the Marine Safety Management Association is the employee organization, which has the right to meet and confer in good faith with the City on behalf of the employees of the Huntington Beach Community Services Department within the following classification and assignment titles: Marine Safety Lieutenant Marine Safety Officer Il Marine Safety Officer I ARTICLE III - MANAGEMENT RIGHTS The parties agree that the City has the right to unilaterally make decisions on all matters outside the scope of bargaining. Furthermore, except as expressly abridged or modified herein, the City retains all rights, powers and authority with respect to the management and direction of the performance of marine safety 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 Director 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 City services, including establishing manning 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. The parties agree to meet and confer during the term of this agreement on revisions, changes, modifications and additions to the Personnel Rules and/or Department Rules when requested by City. ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT Except as otherwise expressly provided herein, the adoption of this Memorandum of Understanding shall not change existing benefits and terms and conditions of employment which have been established in prior Memoranda of Understanding between City and the Association. ARTICLE V - SALARY Classification and Salary Schedule Employees shall be compensated at rates by classification title and salary range during the term of the agreement as set out in Exhibit A attached hereto and incorporated herein. MSMA IMOU FINAL 2011- 2013 2 Exhibit "A" Resolution No. 2011-80 r4A.RlNE `t:FETY 1Vi[-,,N/-,,GEVtEIN1 E AS:zS;.00tA FYIONt A. Wage Increases There are no scheduled wage increases for the term of the agreement. ARTICLE VI - SPECIAL PAY A. Education Incentive Pay Employees who possess a degree from an accredited college shall be eligible to receive education incentive pay as follows: 1. Bachelor's Degree — three percent (3%) above the base hourly rate 2. Associate's Degree — two percent (2%) above the base hourly rate 3. The maximum education incentive pay shall be three percent (3%). 4. All current employees who do not possess the degrees listed above shall continue to receive the education incentive pay in effect as of September 19, 2005. Such pay shall not increase unless an employee obtains one of the degrees listed above. In the event an employee obtains an Associate's or Bachelor's degree, only the special pay in #1 or #2 above shall apply and the following Education Incentive Level Plan shall no longer apply: Education Incentive Level College Units Maximum Training Points Years of Service Continuing Education College Units Required Annually Monthly Amount 1 30 10 1 6 $ 50 2 60 20 2 3 75 3 90 30 2 3 100 4 120 3 3 150 5 150 4 0 150 5. Employees hired after September 19, 2005 who do not possess a Bachelor's or an Associate's degree shall not be eligible for education incentive pay until a degree is attained. MSMA NIOU FINAL 2011- 2013 3 Exhibit "A" Resolution No. 2011-80 MIARINE SAFE-1 Y MiiANIAG-EP ENT ASSOCIATION' B. Acting Assignment Pay 1. When formally assigned to perform in an acting capacity in the absence of the Marine Safety Chief, a Marine Safety Lieutenant shall be compensated for each full hour worked at the rate of twelve and one-half percent (12 '/2%) of the employee's base hourly rate of pay. 2. Acting Chief selection shall be made at the discretion of the Department Head or designee and seniority will not be the controlling criteria. C. Certification Pay 1. Marine Safety Officer II (MSO II) - Employees classified as MSO II shall receive five percent (5%) above their base hourly rate for maintaining active certification in all of the following: SCUBA/Rescue, ICS (Incident Command System) 100 and 200; Instructor 1A and 1 B; SCUBA/Dry Suit; and Instructor Emergency Response Red Cross. 2. Marine Safety Lieutenant - Employees classified as Marine Safety Lieutenant shall receive five percent (5%) above their base hourly rate for maintaining active certification in all of the following: ICS (Incident Command System) 300; Command 1A and 1 B; and Management I. D. Holiday Pay -In -Lieu In addition to regular compensation, employees shall receive, each month, one -twelfth (1/12) of the total holiday hours (80) earned for the year. Employees shall be entitled to an additional eight (8) hours of pay at their regular rate for any day declared by the President of the United States to be a national holiday, or any day declared by the Governor of the State of California to be a state holiday, if such day is adopted by the City Council of the City of Huntington Beach as a special holiday for City employees (i.e., day of mourning). 1. Holidays Specified - The holidays governed by this MOU are listed below. • New Years Day • Martin Luther King Holiday • Presidents Day • Memorial Day • Independence Day • Labor Day • Veteran's Day • Thanksgiving Day • Day After Thanksgiving • Christmas Day MSMA MOU FINAL 2011- 2013 4 Exhibit "A" Resolution No. 2011-80 M,A,RINE: SAFETY 1`4 AN' AGEIv4ENT ASSOCIA AT lON E. Bilingual Skill Employees who are approved by their Department Head to use their bilingual abilities as part of their job assignment shall be paid an additional five percent (5%) above their base hourly rate. Said employees must be tested and be certified by the Human Resources Director or designee as to their language proficiency in order to be eligible for said compensation. Eligibility for bilingual pay shall be limited to the following languages: Spanish, Vietnamese, French, German, Japanese and sign language. F. Effective Date of Special Pay All special pay shall be effective the first full pay period following certification and verification as approved by the Department Head or designee. G. No Pyramiding of Special Pay Each special pay that is a percentage of base hourly pay shall not be counted towards the value of any other special pay. H. Reporting to PERS Pursuant to state law and regulations, compensation paid as a result of this Article shall be reported to the California Public Employees' Retirement System (CaIPERS) as special compensation. ARTICLE VII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. General Policy The City provides uniforms to employees on active duty who are required to wear a standard uniform for appearance, uniformity, and public recognition purposes. B. Affected Employees All employees shall wear a standard City uniform, as provided in the City of Huntington Beach Community Services Department General Order III. The Department Head shall determine which employees must wear a uniform. C. Personal Protective Equipment All personal protective equipment shall be provided based on employee safety needs for the performance of duties as approved by the Department Head. D. Employee Responsibilities 1. To wear a clean and complete uniform as required. MSMA MOU FINAL 2011- 2013 5 Exhibit "A" Resolution No. 2011-80 ViA.RINE SLuFETY I66NIAAGPOENT ASSOCIATION 2. Uniform appearance shall be worn with pride in appearance to the public i.e., shirt buttoned, shirt tail tucked in, etc. 3. To wash and provide minimum repair i.e., buttons, small tears, etc. 4. To not wear the uniform for other than City duties or work. 5. To notify supervisor of the need to replace due to disrepair or severe staining producing an undesirable appearance. 6. To turn in all uniform components, including patches upon separation from employment. 7. To turn in all personal protective equipment upon separation from employment. 8. To wear all personal protective equipment prescribed by the City safety officer and/or Supervisor of the division. E. City Responsibilities 1. To provide or pay for required uniforms. 2. The City will report to CalPERS the average annual cost of uniforms for each employee as special compensation in accordance with Title 2, California Code of Regulations, Section 571(a)(5). For employees who are not required to wear a uniform on a daily basis or who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. ARTICLE Vlll - HOURS OF WORK/OVERTIME A. Hours of Work Defined For purposes of this article, calculating overtime, approved vacation, sick leave and compensatory time shall count as hours worked. B. Overtime/Compensatory Time 1. Paid Overtime a. Overtime is defined as one and one half (1 1/2) times the employee's regular rate of pay for all time worked in excess of their scheduled work shift. b. Regular rate of pay is defined as the employee's base hourly rate of pay plus their eligible special pays. MSMA MOU FINAL 2011- 2013 6 Exhibit "A" Resolution No. 2011-80 rViARIKE SAFETY MiAktAGE[FriENTASSOGIATIOIN. 2. Compensatory Time Employees may elect to receive compensatory time off that may be earned to a maximum of one hundred twenty (120) hours in lieu of such overtime pay. Employees may convert up to sixty (60) hours of compensatory time to cash at the employee's regular rate of pay once per calendar year. 3. Court Time a. Court Standby Employees required to be on standby for a court appearance during other than their scheduled working hours shall receive a minimum of two (2) hours their regular rate of pay for each morning and afternoon court sessions. b. Court Appearance Employees required to appear in court during other than their scheduled working hours shall receive a minimum of three (3) hours at the overtime rate. 4. Holidays Worked Employees who work on the following holidays shall be compensated at the overtime rate for all hours worked: 1. New Years Day 2. Martin Luther King Holiday 3. Presidents Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Day After Thanksgiving 10. Christmas Day MSMA MOU FINAL 2011- 2013 7 Exhibit"A" Resolution No.2011-80 if AR[,NE Sl-�:FE T Y ft1i,4,,AGEMElt T ASSOCIATIG[ C. 4/10 Work Schedule Defined The 4/10 work schedule shall be defined as working four (4) days, ten (10) hours per day, for a total of forty (40) hours per week. The 4/10 work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). All employees on the 4/10 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Administrator, Community Services Department Director or their designee, may require such service from any of said employees. D. Standby An employee who is authorized to be on standby status by their Supervisor shall be compensated two (2) hours at the overtime rate for each eight (8) hour standby period, or any part thereof. A Supervisor shall notify an available employee, in advance, of the need to be on standby status. ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS A. Health The City shall continue to make available group medical, dental and vision benefits to all association employees. The effective date for medical, dental and vision coverage is the first of the month following date of hire. 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, unless otherwise precluded by CalPERS PEMCHA. All employee contributions shall be deducted on a pre-tax basis. A copy of the medical, dental and vision plan brochures may be obtained from the Human Resources Office. 1. California Public Employees' Retirement System - Public Employees' Medical and Hospital Care Act (CalPERS 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. MSMA MOU FINAL 2011- 2013 8 Exhibit "A" Resolution No. 2011-80 MARINE- SAFE 1 Y f .,A.N!AGEWiENIT AS�uOCIAT[ ONI a. PEMHCA Employer Contributions The City shall contribute on behalf of each employee, the mandated minimum sum as required per month toward the payment of premiums for medical insurance under the PEMHCA program. As the mandated minimum is increased, the City shall make the appropriate adjustments by decreasing its flex benefits contribution accordingly as defined in the following sub -section. b. Maximum Employer Contributions Toward Flex Benefits For the term of this agreement, the City's maximum monthly employer contribution for each employee's medical and vision insurance premiums are set forth as follows: L Effective January 1, 2012, the City Contribution shall remain at the same level as the Employer Monthly Contribution for all medical and vision plans as of January 1, 2011. This shall be the sum of the participating Orange County Blue Shield HMO-PEMHCA Plan plus the VSP Vision Plan premiums for each of the following categories: a. Employee only ("EE") b. Employee + one dependent ("EE" + 1) C. Employee + two or more dependents ("EE" + 2) The maximum City Contribution shall be based on the employee's enrollment in each plan. The parties agree that the required PEMHCA contribution is included in this sum stated in the sub- section above. If the employee enrolls in a plan wherein the costs exceed the City Contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions. ii. Effective January 1, 2013, the City Contribution in each category shall not increase. Any increase in premiums above the 2012 Contribution Cap will be the responsibility of the employee. iii. In the event the Orange County Blue Shield HMO Plan is no longer a PEMCHA option, the City's contribution for 2012 and 2013 shall not increase. MSMA MOU FINAL 2011- 2013 9 Exhibit "A" Resolution No. 2011-80 t1,.R- INE SAFETY. C�'fAE�`�CE(t�iEE4 T �tS.�CfGI�� iG�' 2. Dental Insurance The annual maximum benefit for the Delta Dental PPO plan is $2000 (two thousand dollars). a. Effective January 1, 2012, the maximum City Contribution shall be equivalent to the premium for the Delta Dental PPO plan based on the employee's enrollment of employee only ("EE"), employee plus one dependent ("EE+1 ") or employee plus two or more dependents ("EE+2") as reflected in the Employer Monthly Contribution rates for January 1, 2011. b. Effective January 1, 2013, the City Contribution shall not increase. It shall remain at the same contribution level as January 1, 2012. 3. 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 that requires the City to extend this benefit to retirees (annuitants). While the City is contracted with CalPERS to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. a. City Contribution (Unequal Contribution Method) for Retirees As provided by the Government Code and the CalPERS 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 starting year for the unequal contributions method is 2004 at $1.00 per month. The City's contribution for each annuitant shall be increased annually by five percent (5%) of the monthly contribution for employees, until such time as the contributions are equal. The Service Credit Subsidy will be reduced every January Vt by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). The City shall make these payments only while the City is a participant in the PEMHCA program. 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 MSMA MOU FINAL 2011- 2013 10 Exhibit "A" Resolution No. 2011-80 MAAPiI•,tE SAFETY MIAI4t/=,GEM1ENT ASSOCIA i ION termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the City terminates its participation in the PEMHCA program, the retiree medical subsidy program in place in Resolution No. 2000-123 Exhibit D 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. 4. Additional Costs for Participation in the PEMHCA program a. Retiree and/or Annuitant Coverage The Association shall pay to the City an amount equal to $1.00 per month for each additional retiree and/or annuitant in the bargaining unit who elects to participate in the PEMHCA plan but is not participating in the City sponsored retiree medical program as of the beginning of a pay period after the PEMHCA program is in place. Each January 1st the amount per month paid to the City for each retiree and/or annuitant described above shall increase by the amount PEMHCA requires the City to pay on behalf of each retiree (annuitant). Article IX.A.3.a. 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 CalPERS after the announcement of State Legislation, Judicial Rulings, or a CalPERS Board Action that changes the employer's contribution, insurance premiums or program changes to the CalPERS medical plan.. IVISIVIA MOU FINAL 2011- 2013 11 Exhibit "A" Resolution No. 2011-80 ,MARII'E'SAFETY I4iANI'�-,,.GEIAENIT ASSOCIATION The City and Association may elect to terminate its participation in the CalPERS PEMHCA program by mutual agreement through the meet and confer process between the Association and the City. B. Medical Cash -Out If an employee is covered by a medical program outside of a City -provided program (evidence must be supplied to the Human Resources Department, 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 long as the contribution is in accordance with applicable Internal Revenue Code or regulations. An employee may elect to discontinue vision coverage. The employee premium paid for vision coverage will be applied toward medical premium, unless the employee opts out of the City's medical plan (in which case the employee will not receive the cash benefit). C. 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. D. Life and Accidental Death and Dismemberment (AD&D) Insurance Coverage The City will provide fifty thousand dollars ($50,000) of term life insurance and fifty thousand dollars ($50,000) of AD&D insurance coverage for each employee at the City's cost, without evidence of insurability other than evidence of full time employment status. Optional insurance is available at the employee's own cost. MSNIA MOU FINAL 2011- 2013 12 Exhibit "A" Resolution No. 2011-80 MIARINE S,4.FET Y fMANAGEVENT ASSOCIATION E. Lona Term Disability Insurance The existing long-term disability program provided to employees by the City shall remain in effect. The existing long-term disability program has a sixty (60) calendar day qualifying period. After the sixty (60) calendar day qualifying period', the employee will be covered by an insurance plan paid for by the City which will provide 66 2/3% of the employee's salary rate (excluding overtime and any special pay) up to a maximum of $10,000 a month in accordance with the following: Disability Due to Accident Disability Due to Illness First 60 Days Regular Pay Regular Pa Next 24 Months 66 2/3% of Base Pay 66 2/3% of Base Pa To age 65 166 2/3% of Base Pay None Days and months refer to calendar days and months 2. The LTD Plan is integrated with Workers' Compensation, Social Security and other non -private program benefits to which entitled. 3. Disability is defined as the inability to perform all of the duties of the employee's regular occupation during two (2) years and thereafter the inability to engage in any employment or occupation for which he/she is fitted by reason of education, training or experience. 4. The LTD Plan provides for a Survivors' benefit payment for three (3) months beyond the employee's death. 5. The terms and conditions of the disability insurance coverage are set forth in the policy, a copy of which is on file in the Human Resources Division office. In the event of any conflict between the policy and this article, the policy shall control. The City may change insurance companies, policies, or self -insure this benefit, provided that the plans shall remain comparable to that currently in effect. ' Please note that Article XI Section C. Sick Leave Compensation provides up to sixty (60) calendar days paid sick leave per incident or illness. MSMA NIOU FINAL 2011- 2013 13 Exhibit "A" Resolution No. 2011-80 WiARINE SAFETY I0,AN ACE1-kW ET ASSOCIATIOK ARTICLE Y. - RETIREMENT A. Benefits 1. Public Employees' Retirement System The City shall provide the 3% @ Age 50 retirement formula set forth in California Government Code Section 21362.2 for all safety employees represented by the Association. 2. Self -Funded Supplemental Retirement Benefit In the event an employee elects Option #1, Option #2, #2W, Option #3, #3W or Option #4 of the Public Employees' Retirement Law, and the employee is a unit employee who was hired before November 2, 1998, the City shall pay the difference between such elected option and the unmodified allowance which the employee would have received for his or her life alone as provided in California Government Code Sections 21455, 21456, 21457, and 21458 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the employee, shall be payable by the City during the life of the employee, and upon that employee's death, the City's obligation shall cease. The method of funding for this benefit shall be at the sole discretion of the City. This benefit is vested for employees hired before November 2, 1998. All unit employees hired on or after November 2, 1998 shall not be eligible for this benefit. 3. 1959 Survivors' Benefit Level IV Members of the City's safety retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. 4. Medical Insurance for Retirees As required by the Government Code, while the City is contracted with CalPERS to participate in the PEMHCA program, retired employees (annuitants) shall have available the ability to participate in the Public Employees' Medical and Hospital Care Act (PEMHCA) program. CalPERS shall be the sole determiner of eligibility for retiree (annuitant) to participate in the PEMHCA program. B. Public Employees' Retirement System Reimbursement and Reporting: 1. Employees' Contribution: Each employee covered by this agreement shall be reimbursed an amount not to exceed nine percent (9%) of the employee's base salary plus education incentive pay as pickup of a portion of each employee's CalPERS contribution. The above MSMA MOU FINAL 2011- 2013 14 Exhibit "A" Resolution No. 2011-80 1,4AP,11`4E SAFETY MAI,%l�-,CEI0,ENT ASSOCIATION? CaIPERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. a) Each employee covered by this agreement shall contribute 5.5% towards the employee share of CalPERS effective the pay period beginning October 1, 2011, through and including the end of the pay period that includes September 30, 2012. b) Each employee covered by this agreement shall contribute 6.25% towards the employee share of CaIPERS effective the beginning of the pay period that includes October 1, 2012, and thereafter. C. Health Savings Account for Post Retirement Medical Benefits The City shall implement a voluntary health savings account plan during the term of the agreement for the purpose of allowing employees the opportunity to fund post medical retirement health premiums. D. Pre -Retirement Optional Settlement 2 Death Benefit The City provides its safety employees Pre -Retirement Optional Settlement 2 Death Benefit. ARTICLE XI - LEAVE BENEFITS A. Vacation: The purpose of annual vacation is to provide a rest period, which will enable each employee to return to work physically and mentally refreshed. 1. Accrual: Employees in City service, having an average workweek of forty (40) hours (full time), shall accrue annual vacations with pay in accordance with the following: Years of Service Vacation Allowance First through Fourth Year 112 hours Fifth through Ninth Year 136 hours Tenth through Fourteenth Year 160 hours Fifteenth Year and Thereafter 192 hours 2. Eligibility and Permission a. 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. Permanent, part-time employees assigned a work schedule of less than thirty (30) hours but more than twenty (20) hours per week shall receive vacation in one-half the amounts set forth above. Employees assigned to a workweek of MSMA MOU FINAL 2011- 2013 15 Exhibit "A" Resolution No. 2011-80 IEiA,RINEE cA1`ETY t6ANAG-EMENIT ASSOCIAI'!ON less than forty (40) and more than thirty (30) hours per week shall receive vacation in three -fourths (3/4) the amounts set forth above. c. No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not be accrued in excess of three hundred twenty (320). Vacations shall be taken only with permission of the Department Head; however, the department head shall schedule all vacations with due consideration for the wish of the employee and particular regard for the need of the department. 3. Conversion to Cash An employee may elect to take up to eighty (80) hours of pay per fiscal year for accrued vacation in lieu of time off. It is the intent of the parties that employees will take vacation during the fiscal year. a. Pay -Off at Separation from Employment Upon separation from employment the terminating employee shall receive compensation at his/her current regular rate of pay for all unused, earned vacation to which he/she is entitled up to and including the effective date of his/her separation from employment. B. Sick Leave As of July 31, 1974, all sick leave accumulation was frozen for purposes of payoff upon termination and no additional time will be accumulated. Salary continuation for approved sick leave is covered under Article IX.E. C. Time Off for Injury or Illness All employees shall be entitled to use up to sixty (60) calendar days paid leave per injury or illness. This leave shall not accumulate or have any cash value as such employees may not cash out unused leave upon separation of employment from the City D. Family Leave Benefit Entitlements As employees do not accrue sick leave, all employees will be allowed to use up to (sixty) 60 hours per calendar year for to care for a child, parent, spouse, or registered domestic partner during illness. 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). MSIVIA I OU FINAL 2011- 2013 16 Exhibit "A" Resolution No. 2011-80 MiAAPINE S�AFETY lt'iARAGEMl �I T ASSOCIATION The City shall comply with all State and Federal leave benefit entitlement laws. An employee on an approved leave shall be allowed to use paid sick leave and earned vacation, and/or compensatory time for the duration of the approved leave. E. Bereavement Leave Employees are entitled to bereavement leave not to exceed three (3) working days per calendar year per incident of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, registered domestic partner, children, grandfather, grandmother, stepfather, stepmother, stepgrandfather, stepgrand mother, 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. F. Deferred Compensation/ Leave Cash -Out 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. G. Voluntary Catastrophic Leave Donation Program Under certain conditions, employees may donate leave time to another employee in need. The program is outlined in Exhibit E of this Memorandum of Understanding. ARTICLE XII - CITY RULES All City Personnel Rules shall apply to Association members, however, to the extent this MOU modifies the City's Personnel Rules; the Personnel Rules as modified will apply to Association members. ARTICLE XIII — MISCELLANEOUS A. Salary Upon Appointment When an appointment of a recurrent lifeguard to the classification of Marine Safety Officer occurs, the salary step upon appointment shall be determined in the same manner as salary step upon promotions under the City's Personnel Rules. B. Physical Examinations The City agrees to pay for bi-annual physical examinations, to include stress EKG, when authorized by the Department Head, with the understanding that results thereof may be utilized for the determination of the employee's continued ability to perform MSMA MOU FINAL 2011- 2013 17 Exhibit "A" Resolution No. 2011-80 MIARINE SAFE T Y IFflAi` AGEVENIT ASSOCI�,-.TIO duties of the position. A copy of the physical examination shall be provided to the employee upon his request. C. Conditioninq Time Unit employees may be allowed up to one (1) hour on each regularly scheduled shift to be used for physical conditioning. D. 1,500 Hour Recurrent Employees The Association agrees to permit the City to implement a fifteen hundred (1,500) work hour per year for non-HBMSMA positions, subject to official change in Personnel Rules 5-24. E. Collection of Payroll Overpayments 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. Unauthorized compensation payments shall not constitute a past practice. F. Grievance Hearing Cost Sharing Grievance hearing costs shall be shared equally by the City and the Association. The parties agree that under no circumstances shall the grievant(s) be required to pay any part of the grievance hearing costs. MSMA MOU FINAL 2011- 2013 18 Exhibit "A" Resolution No. 2011-80 MARINE SAFETY MANAGEMENT ASSOCIATION G. Personnel Rule 19 Modification City and Association agree to implement Personnel Rule 19 modifications as provided in Exhibit D attached hereto and incorporated by reference. H. Update Employee -Employer Relations Resolution (EERR) During the term of the Agreement, the City and the Association agree to meet and confer to update the Employee -Employer Relations Resolution to reflect current state law. I. Modified Return to Work Policy The City and the Association agree to meet and confer during the term of the Agreement to establish a modified return to work policy for employees who experience industrial or non -industrial illness and/or injury. J. Controlled Substance and Alcohol Testing The City maintains the right to conduct a test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace, consistent with department policy. K. Re -Opener In the event the City considers a two -tiered retirement system program the parties agree to reopen discussions on this item. a. MSMA will agree to the implementation of a second -tier CalPERS retirement formula for newly hired MSMA employees, if all other safety units agree to implement a second -tier formula. 2. The parties agree to re -open discussions in the event the City of Huntington Beach reorganizes the structure of this unit due to contracting, merging, or sharing services with another public agency. MSMA MOU FINAL 2011- 2013 19 Exhibit "A" Resolution No. 2011-80 r>tk,RINE SAFETY R+rAI-t/,GEfvlrEP,�'i ASSOGIA t ICN in am ARTICLE XIV - 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 2Pb day of , 2011. CITY OF HUNTINGTON BEACH A P inicipal Corporation le Carr or of Human Resources Marine Chief Chief Negotiator HUNTINGTON BEACH MARINE SAFETY MANAGEMENT ASSOCIATION. By: Mike Bartlett President MSMA A Mike Powell Business Agent By: Alb 66"�4fw Mike Beuerl in Negotiations Team Member - MSMA By: 4_ Eric Dieterman Vice President - MSMA APPROVED AS TO FORM By�-- d aennif r cGrath J r I City Attorney MSflAA MOU FINAL 2011- 2013 20 MARINE SAFETY IAA AGEMER'' ika�'fbll ' 2011-80 ARTICLE XIV - 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 , 20'11. CITY OF HUNTINGTON BEACH A Municipal Corporation Fred A. Wilson City Manager By: Paul Emery Deputy City Manager By: Michele Carr Director of Human Resources Kyle Lindo Marine Safety Chief Jo Ann Diaz Negotiations Team Member Irma Rodriguez-Moisa Chief Negotiator In HUNT INGTON BEACH MARINE SAFETY MANAGEMENT ASSOCIATION. Mike Bartlett President MSMA 7 Mike Powell Business Agent Mike Beuerlein Negotiations Team Member - MSMA Eric Dieterman Vice President - MSMA Jennifer McGrath City Attorney MSMA MOU FINAL 2011- 2013 r� Exhibit "A" Resolution No. 2011-80 N'iARINE SAFETY MAWIAGENrtENIT ASSOCIAT[ON EXHIBIT 9 -.' iSNIiA. SALARY SCI KEDU E Effective October 1, 2011 -,September 30, 2013 (originally effective 10/1/08) Step Job Code Classification Range A B C ® E 0467 Marine Safety Officer 1 531 $5,342 $5,635 $5,945 $6,273 $6,618 $30.82 $32.51 $34.30 $36.19 $38.18 $6,049 $6,382 $6,734 $7,105 $7,495 0468 Marine Safety Officer II 556 $34.90 $36.82 $38.85 $40.99 $43.24 $6,788 $7,160 $7,554 $7,970 $8,408 0105 Marine Safety Lieutenant 579 $39.16 $41.31 $43.58 $45.98 $48.51 MSIVIA MOU FINAL 2011- 2013 21 Exhibit "A" Resolution No. 2011-80 tt' A.l'ZINE SAFETY ViAN-AGEIViENT ASSOCIATION, ExE !B,IT E - SER,V1C,E CF EGfT S U BI c[DY" FLAN. 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. During any period the retired employee is eligible to receive or receives medical insurance coverage at the expense of another employer, the payment will be suspended. "Another employer' as used herein means private employer or public employer or the employer of a spouse. As a condition of being eligible to receive the Service Credit Subsidy as set forth in this plan, the City shall have the right to require any retiree to annually certify that the retiree is not receiving or eligible to receive any such medical insurance benefits from another employer. If it is later discovered that a misrepresentation has occurred, the retiree will be responsible for reimbursement of those amounts inappropriately expended and the retiree's eligibility to receive further benefits will cease. b. On the first of the month in which a retiree or dependent reaches age sixty five (65) or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City's obligation to pay Service Credit Subsidy may be adjusted downward or eliminated. c. 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. IVISMA MOU FINAL 2011- 2013 22 Exhibit "A" Resolution No. 2011-80 SAFETY NtANAGE[OiENT ASISOCIATION EXF113I T S --SERVICE CREDI [` c,UScIDY PLAN 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 one hundred twenty dollars ($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 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 16 210 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 15t by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). Article IX.A.3.a. provides an example of expected reductions per retiree per month. MSMA MOU FINAL 2011- 2013 23 Exhibit "A" Resolution No. 2011-80 fti APINE SAFET f� �uAI AGEf-DENT �;SSOCIATION EXHIBIT B _ SERVICE CREDIT SUBSIDY PLA14 8. Medicare a. All persons are eligible for Medicare coverage at age sixty-five (651. 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 sixty five (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 sixty-five (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 sixty-five (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 sixty-five (65) is not eligible for paid Part A of Medicare and his/her spouse who is also age sixty-five (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 sixty-five (65). At age sixty-five (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. MSMA MOU FINAL 2011- 2013 24 Exhibit "A" Resolution No. 2011-80 l4ftfi.RINE SAFETY lE AI\'.AC-ErvLENII ASSOCIATICI\f EX''KiEIT C _. ViODI:FICAT40NS TQ EMIPLGYEF-EtkriPLGYER RELATIONS: RESOLUTION A. Employer -Employee Relations Resolution 1. Modification of Section 7 — Decertification and Modification a) The City and the Association desire to maintain labor stability within the representational unit to the greatest extent possible, consistent with the employee's right to select the representative of his or her own choosing. For these purposes, the parties agree that this Agreement shall act as a bar to appropriateness of this unit and the selection of the representative of this unit, except during the month of August prior to the expiration of this Agreement. Changes in bargaining unit shall not be effective until expiration of the MOU, except as may be determined by the Personnel Commission pursuant to the procedures outlined below. This provision shall modify and supersede the time limits, where inconsistent, contained in Section 7 of the current Employer - Employee Relations Resolution of the City of Huntington Beach. b) The City and the Association have agreed to a procedure whereby the City, by and through the Human Resources Director, would be entitled to propose a Unit Modification. The Association and the City agree to jointly recommend a modification of the City of Huntington Beach Employer -Employee Relations Resolution (Resolution Number 3335) upon the City's having completed its obligation to meet and confer on this issue with all other bargaining units. The proposed change to the Employer -Employee Relations Resolution is as follows: 7-3. Personnel Direction Motion of Unit Modification — The Human Resources Director may propose, during the same period for filing a Petition for Decertification, that an established unit be modified in accordance with the following procedure: 1) The Human Resources Director shall give written notice of the proposed Unit Modification of Modifications to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources Director 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 Director shall provide all affected employee organizations with all correspondence, memoranda, and other documents which relate to any input regarding the Unit Modification which may have been received by the City or from affected employees and/or sent by the City to affected employees; 2) Following receipt of the Human Resources Director 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; MSMA MOU FINAL 2011- 2013 25 Exhibit "A" Resolution No. 2011-80 ViARINE SAFETY MANIk.GEIMENT ASSOCIATION E/"J `1EI C — 100DII=IC:AT ION-S TO Efy41iPLOY'E.E-;-EViRL.O``ER FELk,TIO-NS RESOLUTION 3) The Personnel Commission shall conduct a noticed Public Nearing regarding the Motion for Unit Modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed Unit Modification which determination may include a granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of Bargaining Units. Following the Personnel Commission's determination of the composition of the appropriate Unit or Units, it shall give written notice of such determination to all affected employee organizations; 4) Any party who chooses to appeal from the decision of the Personnel Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. B. During the term of the agreement, the City and the Association agree to update the Employee -Employer Relations Resolution to reflect current State law. MSMA MOU FINAL 2011- 2013 26 Exhibit "A" Resolution No. 2011-80 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT D — MODIFICATIONS TO PERSONNEL RULE 19 19-1. PURPOSE. The purpose of this rule is to provide a means by which grievances of employees or employee organizations may be considered, discussed and resolved at the level closest to their point of origin. The grievance procedure provided for in this rule does not apply to the review of employee disciplinary matters which subject is treated in Rule 20 hereof. 19-2. DEFINITION. For the purpose of this rule, a grievance is a dispute concerning the interpretation or application of any provision of the city's Employer - Employee Relations Resolution, or any provision of this resolution or any departmental rule governing personnel practices or working conditions, with the exception of matters excluded by Section 19-3. 19-3. MATTERS EXCLUDED FROM GRIEVANCE PROCEDURE. The following subjects are excluded from the grievance procedure provided for herein: (a) The review of employee disciplinary matters, which is treated in Rule 20 hereof. (b) All matters subject to impasse procedure, provided in the Employer - Employee Relations Resolution. 19-4. SUBMISSION OF GRIEVANCES. Any individual employee or recognized employee organization shall have the right to present a grievance. If two (2) or more employees have essentially the same grievance and report to the same supervisor, they may, and if requested to do so by the city, must jointly or collectively present and pursue their grievance. If a grievance is alleged by three (3) or more employees, the group shall, at the request of the city, appoint one of such employees to speak for the group. 19-5. GRIEVANCE PROCEDURE. The grievance procedure shall consist of the following steps, each of which must be completed prior to any request for further consideration of the matter unless otherwise provided herein: Step 1. Informal Discussion (optional). If an employee feels that he has a grievance, as defined in Section 19-2, he may request a meeting with his immediate supervisor within ten (10) days after the employee becomes aware or reasonably should have become aware of the subject matter of the grievance. The immediate supervisor, within ten (10) days of such request, shall meet with the employee when so requested and discuss the grievance in an effort to clarify the issue and work toward a cooperative settlement or resolution of the dispute. The immediate supervisor shall present, verbally or in writing, his decision to the employee within ten (10) days from the time of the informal discussion. Step 2. Formal Procedure. Immediate Supervisor. If the grievance is not settled through informal discussion, or if the employee elects not to invoke his MSMA MOU FINAL 2011- 2013 27 Exhibit "A" Resolution No. 2011-80 MARINIE SAFETY MANAGEMENT ASSOCIATIO14 EXHIBIT D — MODIFICATION'S TO PERSONNEL RULE 19 right to informal discussion, the employee may formally submit a grievance to his immediate supervisor within ten (10) days following the decision pursuant to informal discussion, or in the event the employee does not elect to invoke his right to informal discussion, within ten (10) days after the occurrence which gives rise to the grievance or after the employee becomes aware or reasonably should have been aware of the subject matter of the grievance. Such submission shall be in writing, stating the nature of the grievance and a suggested solution or requested remedy. Within ten (10) days after receipt of the written grievance, the immediate supervisor shall meet with the employee. Within ten (10) days thereafter written decision shall be given the employee by the immediate supervisor. Step 3. Department Head. In cases where the department head is not the immediate supervisor, if the grievance is not settled under Step 2, the grievance may be presented to the department head. The grievance shall be submitted within ten (10) days after receipt of the written decision from Step 2. Within ten (10) days after receipt of the written grievance, the department head or his representative, shall meet with the employee and his immediate supervisor, if any. Within ten (10) days thereafter written decision shall be given to the employee. Step 4. City Manager. If the grievance is not settled under Step 3, the grievance may be presented to the City Manager 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 Director who shall act as hearing officer and shall set the matter for hearing within fifteen (15) days thereafter and shall cause notice to be served upon all interested parties. The Human Resources Director, or his representative, shall hear the matter de novo and shall make recommended findings, conclusions and decision in the form of a written report and recommendation to the City Manager within ten (10) days following such hearing. The City Manager 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 ten (10) days after receipt of report, or the hearing provided for above, if such hearing is set by the City Manager, the City Manager shall make written decision and cause such to be served upon the employee or employee organization and the Human Resources Director. Step 5. Personnel Commission. If the grievance is not settled under Step 4, it may be appealed to the Personnel Commission for de novo hearing and final determination in accordance with the following procedure: (a) Within ten (10) days after the time decision is rendered under Step 4 above, a written statement of grievance shall be filed with the Human IVISMA MOU FINAL 2011- 2013 28 Exhibit "A" Resolution No. 2011-80 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT D — MODIFICATIONS TO PERSONNEL RULE IS Resources Director. Such statement of grievance shall set forth in detail the nature of the grievance, the facts surrounding the subject matter of the grievance, the contentions of the employee and the proposed solution or determination. (b) As soon as practicable thereafter, the Human Resources Director -shall set the matter for hearing before a hearing officer either selected by mutual consent of the parties or from a list provided by the Personnel Commission. Ratification of the hearing officer selected by mutual consent of the parties, if from a list approved by the Personnel Commission, shall not require separate approval or ratification by the Personnel Commission. The hearing officer shall hear the case and make recommended findings, conclusions and decision in the form of a written report and recommendation to the Personnel Commission. In lieu of the hearing officer process, the Personnel Commission may agree to hear a case. directly upon submission of the case by mutual consent of the parties. 19-6. SUPPLEMENTAL HEARING BY PERSONNEL COMMISSION (a) The Commission may, in its sole discretion, after it has received the written report and recommendation of the hearing officer, set the matter for private hearing for the purpose of receiving additional evidence or argument. In the event the Commission sets a private hearing for such purpose, the Human Resources Director shall give written notice of such to all parties concerned in such matter. (b) The Commission, following a consideration of the hearing officer's written report and recommendation and deliberation thereon and any supplemental hearing before the Commission, shall make findings, conclusions and decision which shall be final and binding on all parties and from which there shall be no further appeal. 19-7. GRIEVANCE. DEPARTMENT HEAD. Any grievance may present it to the City Manage Manager shall render a written decision to sai (10) days after such submission, which deci department head to the Personnel Commissio n NISNIA MOU FINAL 2011- 2013 29 Exhibit "A" Resolution No. 2011-80 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT E— 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. Employees who accrue vacation, general leave or compensatory time may donate such leave to another employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The leave -sharing Leave Donation Program is Citywide across all departments and, is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of vacation, general, or sick leave. 2. Definitions Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued compensatory, vacation or general leave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. 4. Eliqibility 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. MSMA MOU FINAL 2011- 2013 30 Exhibit "A" Resolution No. 2011-80 MARINE SAFETY MiANAGEMENT ASSOCIATION EXHIBIT E— VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM 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 dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient's hourly wage. An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Employees wanting to make donations will submit an Authorization for Donation to the Human Resources Department. 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 Department on questions regarding employee participation in this program. MSMA MOU FINAL 2011- 2013 31 Exhibit "A" Resolution No. 2011-80 MARINE SAFETY l4iANAGEMENT ASSOCIATION EXHIEI T E— VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Request Form According to the provisions of the Voluntary Catastrophic 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 I am not receiving disability benefits or Workers' Compensation payments. Please submit this form to Finance/Payroll or to the Human Resources Department. MSMA MOU FINAL 2011- 2013 32 Exhibit "A" Resolution No. 2011-80 MARINE SAFETY MiiANAGEMENT ASSOCIATION E: HIEI T E— VOLUNTARY CATASTROPHIC LEAVE DONATION' PROGRAM Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name: (Please Print or Type: Last, First, MI) Work Phone: Donor Job Title: I Type of Accrued Leave: i Number of Hours I wish to Donate: ❑ Vacation I Hours of Vacation ❑ Compensatory Time Hours of Compensatory Time ❑ General Leave Hours of General Leave I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued vacation, comp or general leave hours to the Leave Donation Program for: ible recipient employee's name (Last, First, MI): Signature: Please submit to Finance/Payroll or to the Human Resources Department. MSMA MOU FINAL 2011- 2013 33 Res. No. 2011-80 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on October 3, 2011 by the following vote: AYES: Harper, Hansen, Carchio, Bohr, Dwyer, Boardman NOES: None ABSENT: Shaw ABSTAIN: None Ci Clerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California GITYOF HUNTINGTON BEAC Interdepartmental Memo I 4 d` TO: Joan F FROM: Michele Cary!Di DATE: October 3, 2-(Yi 1 SUBJECT:. Late Coryfrp6nication: Replacement Legislative Draft and MOU for the ine Safety Management Association (MSMA). The Human Resources Department submitted RCA HR 11-016 for Council Action. After the documents were submitted, a few modifications were made to the language in the MOU. Additionally, signatures were obtained after the agenda deadline. The revised legislative draft and final MOU are attached as late communications. Attachments: RCA Attachment 1: MSMA Legislative Draft MOU RCA Exhibit A: Final MSMA MOU SUPPLEMENTAL COMMUNICATION . Date: iI ,.:, :• No. -1- MARINE SAFETY MANAGEMENT FFIGERS- ASSOCIATION 2006 _ 2009 20 i 1- 2013 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS PREAM13LE9.......................................................................... ............ ......I ARTICLE 1- TERM OF MOU....................................................................... ................I ARTICLE 11 REPRESENTATIONAL UNIT/CLASSIFICATIONS...................................2 ARTICLE III - MANAGEMENT RIGHTS ..........................................................................2. ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT ............ ............................2 ARTICLE V - SALARY SCHEDULE ..............................................z.. .2 A. WAGE INCREASES......................:..:...:...:.:.............:....:.......::.:.. 3 ARTICLEVI SPECIAL PAY................................................... .......................................3 A. EDUCATION INCENTIVE PAY ............................................................................................... 1.3 B. ACTING ASSIGNMENT PAY....,. .......:..........:: ....................... :........................ 4 C. CERTIFICATION PAY.....................................................................................................4 D. HOLIDAY PAY -IN -LIEU ........................................ ........ .......... :...... :...................... ....... 4 IE. BILINGUAL SKILL .................................... ........... r............................................................ 55 F. EFFECTIVE DATE OF SPECIAL PAY ................. /................................................................. 5 G. NO PYRAMIDING OF SPECIAL PAY ............. /................................................................... 5 H. REPORTING TO PERS..::................................................................................................. 5 ARTICLE VII - UNIFORMS, CLOTHING OOLS AND EQUIPMENT .............................5 A. GENERAL POLICY.......................................................... ......................................5 .... .... .... B. AFFECTED EMPLOYEES ...::............................................................................................ 5 C. PERSONAL PROTECTIVE Ec MENT ....................................................................I............ 5 D. EMPLOYEE RESPONSIBILITTI........................................................................................... 5 E. CITYRESPONSIBiLITIES............................•................. :.................................................... 6 ARTICLE Vill - HOURS OF ORKIIOVERTIME..............................................................6 A. HOURS OF WORK D • INED............................................ 6 B. OVERTIME/COMPE SATORYTIME...................................................................................... 6 1. Paid Overtime.•............................................................................................................................... 6 ( 2. Compensatory Tjarne...................................................................................................................... 74& 3. Court Time...................................................................................................................................... 7 a. Court Stand6y...................................................................................................:.......................... 7 b. Court Apparance................................. ....::................................................................ ;............... 7 4. Holidays Wo'rked..................................... ............ :............................................................................ 7 C. 4/10 WORK SCHEDULE DEFINED..................................................................................... 8-7 D.c . ARTICLE HEALTH AND OTHER INSURANCE BENEFITS...................................88 d A. HEALTH...................................................................................................................•.. $7- 1. CalPERS PEMHCA....................................................................................................................... 9a MSM.-,-,A MOU FINAL 063 2011-2013 I Item 6. - 5 xB -62- MARINE. SAFETY MANAGEMENT OFFICER S! ASSOCIATION. 20.11- 2013 MEMORANDUM OF UNDERSTANDING TABLE .OF CONTENTS a. PEMHCA,Ern0Ioy6r'Cohtrjb6tions ............ ..................................-, I ...... ............ ...... b. Ma xirn6rh Eryiplover Contributions ......... .......................................... ........ ........ DentalInsuranca ..... .................. W.., ...... —.;o ........................... ; ......... ......... .... ......... 3. Retiree (Annuitanty, Coverage ............................................................................... ... 1.0 & Qity:Cbhtribqtion,(Uneqt;�l Contribution Method) for Retirees .... —! ................... 4�..:::: ............ 16� b. aninatib n fP at; -n H6 'I 0 5rtici io in rnpactta,Retirees ..�—�1'...10 -p ...... .................. 4. Additibnal,CbstsJor P6rficioafion in the PEMHCA ........ A0 a. Retiree andlor-Annilitant-CoVe rage ............. L.; ........................................ .................... .b: Termination Clause . ........... ................. ........ ................ 41 B. MEDICALCASH-OUT ........... .............. ......... ....... ......................... ' 'C. SECTION 12'-PLAN',..,: 5;EMPLOYEE .... .......... ..................................... -12, W / -- - I D'. LIFE -A ND AqbbENTALD 0 ....... 18, _ND" -,iSMEMBEIRMENT(AD &'D) INSURANCE— E. LONG TERM DISABILITY INSURANCE .-...-.,..,.': ....... 132, ARTICLE X - RE- ...... TIREMENT ............. ...... ...................... ..................................... A. BENEFITS - 1414 ................................. 1 Public, Ern- ployees etJferq&nt ,. y.stenf ...... .................. .................... ........... ..... ............. 143 ,d4d Supplemental-. ...................................................... 14 z ' S61frFuh, '� Retirement fi r 6 m � ie h t' b iii t ............... 3. 1959 Survi�ors'Benefit:Level,IV., ... ....... . / .......................................................... 1.4. -14 4. Medical Insurance for Retirees ...... ........... ............. .................... Bi 'PUBLIC EMPLOYEES' RE-ti-REME,N,T'SYSTEM REIMBURSEMENT 'AND 'REPORTING :�.-..� ............... 14: 1: Employees' .Contribution ................. I ............. ........ ......... 14, C. HEALTH SAVINGS AcCOONTFO'R POST RE ThREMENT MEDICAL 9ENbrjfb ....................... 13: PRE-RETiREMENT'OPT]bNALSETTLEMENT 2 DEATH BENEFIT::. ............... ....... 15, ARTICLE X.1 LEAVE - BENEFITS ....... L. ....................... w..w ...................................... 16 A. VACATION. ............ ........... ...... ........ ....... I ............ 16 1 Accrual-., .......................... ............. ................. ..... ............... ............ . 2. Eligibility 'and Perm'iss'io-n..;;,... ................ ........... .................... ........................ 15 ..... Co'nv'e* rs'io'n'......65 toCash,—.. � ............... . ..... . ................................................... ........ a. Cash 'Advance......; ......... z ... ; ........ .............. ............................. ....... ...... B, S"tKrLEAVE-�.;.....*.;.�..�'./��....,...-,-,,- ............... 17 ............... ........ TIME OFFFOR, iNJURY OR.JILLNESS.—� .... ....................................... ................................ 16. YC D. FAMILY 'LLAVE8 E-N&ITEKTITLEMENTS; ............................ 16 E. BEREAVEMENT AVEL.......... ...... .............. .............. .............. ... 187 F. DEFERRED COMPENSATION LEAvL CASH -OUT ..... ................... ........... 0.,— ................. 17, G. VOLUNTARYATASTROPHIC LEAVEI , DONATION PROGRAM - 1 - 7 .............. . ................. . ARTICLE XI1 -1ZITY RULES ...: .................................. ............. is ........................... 18 ARTICLE: III lZ MISCELLANEOUS .... I I ....... ....... I ........... ................................ . . A. SALARY UPON APPOINTMENT.... I ................ .................. 18 PHYSICAL EXAMINATIONS — ...... ............. ............................................................... 18 CCONDITIONING TIME ............................. ............. I .......... .................. .1 .......... I MSMQA MOU FINAL 06 09 2011-2013 ii HB -63- Item 6. - 6 | |MARINE SAFETY MANAGEMENT OFFIGERS'ASSOCIATION. TABLE OF CONTENTS | D. 1,600 HOUR RECURRENT EMPLOYEES --._--.,=-,-`._,__,._..--.,,_.-,=_..1Q8 E. COLLECTION OF PAYROLL OVERPAYMENTS ........... =`....................... '.r`18 F. GRIEVANCE HEARING COST SHARING _-',-_-_..---,.__................................ G.RULE1S MobntATiON._,_.'`_~-........,°..��+.`,.��_,�_,+z_���_',1g� H. UPDATE RELATIONS RESOLUTION OEE 'L..--.—^,..-,-=.°^194 ~ | | I., MODIFIED RK POLICY ,,_"-_,-_,,=~_-.~,,.......... _r__............... 1S9' J. CONTROLLED SUBSTANCE AND iALCOHOLTESTING'.; .`............19 �0�'-CIl�� COUNCIL APPROVAL --.'.-'---'.'.~'~------_----~'-_--'-_-' ARTICLE_-- _- __ ' '_''-- 211 EXHIBIT_ A~- SC_HEU_LE-~-',,.,_'_---_,_,,'�,._,-,,.^.~~_.,--,'=-_21, | U�-�UE |�� Ko��dN--.,�~,__'-_,~_,,,-___,~`,�~~� �------ - "--_-r^,--'- -^~'-' PLAN EMPLOYER RELATIONS - RESOLUTION ,___,.~__,,___�1%, EXHN����K~ �K� PERSONNEL 'RULE 10_'.,__~~.,,,�.__,,_~,.�7�. EXHIBIT, ' MODIFICATIONS. ' EXHIBIT IE - VOLUNTARY- CATASTROPHIC LEAVE DONATIO.N PRQGRAM.*.l,.-.--�,.30-1- / |K5MCl>A 0DOUFINAL 06 09 2011-2003 iii Item 6 7 MEMORAND UM of UN®ERSTANHING Between THE CITY'OF HUNTINGTON BEACH ." (Hereinafter:called CITY) and THE HUNTINaTON BEACH MAiRI I SAFETY,'r,,�-,- '�� i ENTEN T_ ASSOCIATION . yW ("ereinafter called ORGANIZATION, +or SOMA). PREAMBLE e WHEREAS, pursuant to Californialaw;, the City and the ;representatives of the' Association,. a. duly recognized employee association, have. met and conferred in good`, faith and reached a� full agreement concerning/wages; Hours; and other terms and. conditions of er Iployment. £ , .WHEREAS, except as otherwise expressly„t rovided .herein; all terms and conditions of this Agreement shall apply to all ernpioyee {Tepresented bythe Association„and WHEREAS, the representatives of the City and Association desire to reduce their agreements to writing,. NOW THEREFORE, this Memorandum of Understanding is made, to- become effective ctabe , 2(7811'l , and it is agred as .follows: ;RTICLE,:I - TERM DF MOU, This Memorandum of Understanding shall '6e in effect for a term,commendng on O� obey T a i 4 and ending at, mi ionicght bt eptemb �= 30, 2fl 4 No further 'improvements or changes in,: the ,sal ari s and morietary benefits of the:mployees represented, by the Association shah. taKe effect during the term of this agreement and -the Association expressly, `waive's any right to request- any improvements or changes in salaries or monetary benefitsfor the employees represented by the _Association which would. take effect prior to .�ctober 1, 2fl139 `, and the City of- Huntington Beach, through its represenfativehall, not be required to meet,and confer as to..anysuch request. 1 MSNf9A MOu FINAL 261-2013 na-82 HB -65- Item 6. - 8 MARINE -SAFETY OFFICERS, MANAGEMENT, ASSOCIATION ARTICLE 11 - REPRESENTATIONAL UNIT/CLASSIFICATIONS It is recognized that the Marine- n" is the afety_ d - co n o 6d faith with the City employee, organization, which has, the right to meet an confer i' on behalf of, the:. employees of the Huntington Beach Commun' y Services Department within the-follow'irig classification and assignment titles: Marine Safety Lieutenant Marine Safety Officer 11 Marine Safety Officer I. ARTICLE 11.1 .-MANAGEMENTyRIGH' The, parties agree that the City has the right to, uhil9terally- make decisiom on all matters outside the scope of, bargaining. Fufthermbre except at expressly :abridged or modified 'herein, the City retains all rights; powers and a3tko*rity withrespect, to the maria40ment and direction of the performance of marine safety services and thework-, forces: performing such services., provided that notl;Iing,hereinshall change the City',s obligation to meet and confer as to the effects, of any such management . e I nt decision upon wages;. sj, f- , , - , _ hours and, terms and conditions of employment rn ploy'ment or IJ�b construed at OrOnting the Director or the City the right tomake unilateral :changes in wages, -hours and termsand.conditions of employment Such 'rights include � but are not limited -toj consideration of the merits; necessity, level or organization of" City services, incl - Uding establishing ' manning requirements, overtime assignmen s, number and location of work, stations', nature of work to be performed. contracting 'for 86Y work- or operation; emp)dye-& 1, p - Mr ' 1 f - _ _ _ I performance standards, including reasonable work and safety rules and -regulations : in order to maintain the efficiency and economy desirablefor ith& performance , of City: confer during the, term of this -- h, services. The parties agfe6.,to meet. and don . r , u ng agreerriprit 9, revisions, changes, modifications and additions to the. Personnel Rules- and/or Department Rule s-, when requested by City, ARTICLE IV - EXISTING CON t DITIO I NS - -OFEMPLO I YMENT Except, as otherwise./expressly provided herein, Ahe adoption- of this. Memorandum, of Understanding shall' not change existing benefits and terms, and conditions of emplbyrnentWhich fiave beenestablished.in'prior Memoranda of"Phderstandind betWe­er'v`,. City and the Association. ARTICLE V - SALARY Classifir-ation,;and-Salar'v Schedule Employees"shall be compensated at rates by classification title and salary ,range during the term, of the agreement as set out in, Exhibit A. attached hereto and incorporated. herein, MSMOA MOU FINAL 065-09 2011-2013 2 Item 6. - 9 HB -66- MARINE SAFETY QfFIGE-�Rg! MANAGEMENT 4,S.SQCIATiON Increases z. ARTICLE -!II - SPECIAL PAY' A. Education J nceniivei, Pay -16 EmpEmployees:Who posses Is 6, degree. frdi.rdn. aaccredited cp1legp, sh'all b.e:1elli9l6, - to receive education incentive pay�,at f ollow 1. Bachelor's Oegroe— three l,,percen($%). above the base_ hourly rate te ,2. A'§S.oc1at6'sr Degree— two .porQOi�t (2%-)above the base -hourly "rate makimurn,e ucation incentive pa -'steal! �b tht6e pbicent,(3%). - 3. Thee 4. All current'.I,employees Who do/not possess the,degrees I iste& above, shall'continue: to, receive the educ'atio.n'incentive pay in effect at of September 19, 2005. Such' pay shall: not -increase unless an employeO pbtairjs one of the degrees listoO, above.. In the 'event ayn employee 'obtains ah.,,Asso6iaf6'1s, or Bachel'O'r'sdegree,, hi- , tKia f or 6 apply f ri'd Education; itidn only tpocip pay)n #1 5 #2 666Y shall: Opp and the: bllQwi _y a .Incentive Level Plan all nu longerapply!, yth Education maximum Continuing Education Incentive,, ;,leg c 0/11, e Training Years of., CO - lleg e Units , montlily L el%,Units Points Service . c'e 'Required . Annually - Amount 301 10 1 6 50. z 60 20 2 '3 75, 3 90" 2 3 4=' 120, 3 :3 1500 a. 5. 150. 50 4` ;6 150 5. Empl6yeet'hired after S60tember 19, 2045 Who dp not possess 6 Bachelorsar `an - Associate's degree shall not be eligible for education incentive pay Until a degree, is attained MSMOA MOU FINAL 0640,2011-2613 HB -67- Item 6. - 10 MARINE.SAFETY OFFICERS4 MANAGEMENT -ASSOCIATION B. Acting Assignment Pay I When formally assigned t "-if an actin the,,abs ' rice of the rm o perform; in g cappcity�jh absence Marine Safety Chief, a Marine Safetycompensated for each , Lieutenant shall be. comp full hour Worked at the rateof twelve: and onerh'61f- .0efbent- (12 V. of- the e I moloyee".8 -base houHy rate of pay. 2. Acting Chief selection shall be mad' at the discreti6h'Of the l31bbartmerit,00ad or ,designee and. seniority will not - be the controlling criteria.. C. Certification Pay 1 Madrie: Safety-Offiber 11, (MSO 11) —Employees classified as, MSQ 11 shall.,r6dbive ,five percent (5%) above their base hourly /rate for maintaining activecerfficat ion in ' ,all of the following:' SCUBA/ I Rescu'es 1C Incident'Corrimand, System),. 100'and 200; Instructor 1A' - $CUBA/Dry Sbit- and Instructor Emergency and 1 B;-espqnse Red Cross., 2. 'Marine -.Safety Lieutenant — Emplpyeos classified as Marine Safety- Lieutenant shall receive five percent (5%) above Weir base hourly ratefor maintaining active. certificatiofi,.- in all of the f6116wing: ICS (Ificident Command System) 300-. 1 certification. - - .- I'll a I I . following: - - Y I I (Incident - . 1. 11, 1 System) 11 -- Command 1A.and 1B*:and'Manaaement 1. D., Holiday Payjn-Lieu In addition to regular cbmpi§n (1/12) of the total holiday h0.L to anadditional. eight (8) hou! President of the United- Statj Governor of the State of C Q City Council of the City of L (i.p., dayof mourning)., ,o, mlourning)., .1 9employees shall receive;: each-onth-i:bne-twelfth t'o(8 �m ) earned r . ned. fo I r the year. Employees shall be entitled of pay at' their -regular rate for any day declared by the to be a national holiday; or any. Pday declared by the, _ nia, to be, a state holiday, if'such,day is-, adopted: by, the 'ington. Beach as: a special, holiday for City. employees eciflecPi ne rxc-#i ays a"erned by this M60 a, i_ -(e-,��; Day Day, -I;ay in r0 ksg vini - may MSMOA MoU FINAL 06-64 201.1-2013 Item 6. - 11 HB -68- MARINE SAFETY OFFICERS! MANAGEMENT ASSOCIATION 'E. Bilingual Skill Employees-,'-whb are approved by their Deoarl:Mehit. Head to us 'e';1fibir bilin 641 abilities ,l as part of their job .assignment shall be paid an additional five percent (5%), above their base 'hourly fate. Said employees mustb6 tested and, be certified I?Yl the Hurriah, Resources Director or designee as. to, their language profi y in order be eligible- for sa--1d'-c'ompehsati-an,. Eligibilftylor bilingual Pay"shall be limited to the following language's.Spanish, Vietnamese, French German, Japanese and-.,5igp, language. F; Effective Dat&6f,,Sj�,&ciailPaiV , vb All,-s'pecial pay shal[ be effective, the first Jull pay period "following certification and verification as approved by the Dlepairtment, Head or designee. G. No'PVramidihq of Special Pay t6,6 vaIU0 of an her p6pp E�ach­�pbdi6lpby that is, a',pe,rqentacfe of base hourly,:00y shall riot b6courted -towards , si­ �,-I -pay, ­, H—RbPorting to PERS Pursuant to statelaW, and regulations', compensation paid'as,-a result of,this -Article shall be reportedto .the ,`California p u/biir6 E -- IJ16 s' Retirement System (QaIPERS) m yeip� as special compensation. �ji I I I 11111111i! 1 1 1 1 111iii'lli,iiiIIIIIIIE A. General Policy. The City providesunif6rms to, employees on active duty who are required: to:,Wear a, standard u'hifb'rmfbt,appearance.UPifQrmity, and' obbli-b'recognitionourposes. o B.,.Affect6d Em-ijlb,eos , All emplo, es, :,shall wear standard City uniform, as provided in the City of Huhtih6t?A Beach Communqy Services Depa ffien1 Gener,al Ordof III Th­ Department Head shall, determine which employees -must, wear a uniform., C. Persona All personal protective equipment shall be provided based on employee r safety, needs for the performance of d. u-ties,as approved bylhe Departhient Head -lose ---- 111 18111 1. 'To wear -a clean and complete Uniform asrequired. MS-MOAMOIJIFINAL 0609 11-201 1 3. 5 HB -69- Item 6. - 12 MARINE SAFETY QFr=.r-r=RR' MANAGEMENT ASSOCIATION 2. Uniform appearance: shall be worn with pride in appearance to;,the public i.e:, shirt buttoned, shirt .tail tucked -in, etc. 7 3. To wash 'and. provide' minimum repair i.e., buttons, small tears, etc. 4. To not wear the uniforrri.,for other than City duties.or work'. 5. To notify, supervisor of the need to replace due tdisrepair or severe staining producing -an undesirable appearance, 6. To turn in all uniform components, including. patches upo. n separation from employment. 7: To tum; in all Personal protective equipment upon separationfrom ;employment: 8. To wear all personal protective equipment prescribed by the City safety- of der and/or Supervisor of the division: E. City Responsibilities 1. To provide or pay for required uniforms: 2. The City will report to CaIPERS/the average annual cost of uniforms for each employee as special compensa ion in accordance with Title 2, California Code of Regulations, Section 571(a)(5)1 For employees who are not required'to wear a uniform on a daily :basis or who are not actively employed for an entire payroll calendaryear; a prorated cost of uniforms shall apply. ARTICLE Vlll/- HOURS OF WORK/OVERTIME. A. Hours of Work Defined 91 For purposes of this article, calculating :overtime; approved vacation, sick leave and. compensatory time shall count as -hours .worked.. 1. Paid Overtime a. Overfimeis defined as one and one half (1 1/2) times the employee's regular rate of pay for'all time worked in excess of their scheduled work shift. b. Regular rate of pay is. defined as the ernployee's base hourly, rate cif" pay plus, their eligible special pays. ftIS-MOA MOU FINAL 06-09 2011-2013 Item 6. - 13 0 MARINE SAFETY OFFICERS'. MANAGEMENT ASSOCIATION Compensatory` Time :Employees. may elect to 'receive compensatory time off, that may be earned to a maximum` of, one; hundred twenty ,(1 2 0) hours in lieu of such 6h overtime pay. Employees -may ,corive il:upto sixty, (60) hours of com0eilsatory'lim6 to,06sh"at the 4)er cafe - d employee's d4lar rate, of p�bn de'. . , yee-s re- _n, ar year_ 3. Court Time a. Court Standby Ef'Oploy6es-required to be on standby for a. 'court, appeafanbe,,'d u ring� othe'f'than their- scheduled �w:o*ih g: hcUrs'_sh all receive a minimum n rn - imuof two, hours their regul I ar rate of I ppy1or each h- morning and aftern, -6on �cour't sessions. b. Court Appearance E M- fp ypes required to a in p, ,working hour.s.-.shall receivea minim 41.1 Holidays Worked, Ydl Employees who: Work on *4 94R!4q ,compensated at overtime rate for all ,t r K.. , 5"1 Lab-- curt du''rihg other than their scheduled of three (3) hoqrs, at,the overtime rate. shalf fie� 6 'han, s J, MSMOA MOU FINAL 0610 201,1401.3 7 HB -71 - Item 6. - 14 MARINE SAFETY OFFICERS' MANAGEMENT ASSOCIATION. C. 4/10 Work Schedule Defined The 4M0 work schedule shall be defined as working four (4) dayi, ten (116) hours per day,, for a total of forty, (40) hours per week. The 4/10 work schedule is designed to be; in compliance witA the requirement's, of the ,Fair. Labor Standards Act (FLSA).. All erriplovee.§, on the 4/10 Work schedule are subject to be c Ai ailed. to work any time to meet. any and., all emergencies or unusual .71 conditions -which,, in the opinion of the city Administrator, Community 'Services Department Director or their designee,, may require such service; 1 cp; fromany o. said a y f id employees. D. Standby, An employee who is,,._authQrized to beon-,standby status by:their Supervisor shall '.be. compensated two (2) hours at the overtim6, rate for each, eight (8), hour .standby 7- period, or any part: thereof. A Supervisor shall notify an. available eTh lovee. in adv'ance, of the need.10 be on standby stalfus. 'ARTICLE IX - HEALTH AND ND OTHER INSURANCE BENEFITS: A. Health The City- shall -continue to Makefavailable. group meclical,, dental and vision benefit§ to all association employees. The -effective' date for medical', dental and vision: coverage p A' ' is the- first of the month followina date ofWe.- Effective the first of the 1month 'following the .employee's date. of hire,. any required employee. payroll" dedluction. shall .begin with the -first full pay period f6llowing the: effective date of coverage' and, shall continue, h- the. employee'. separates, . u , n less otherwise through the, end. of the/month in which t .. f, - e precluded by CalPERS PEIVICHA. All employee -contributions shall be deducted on a:, pre-tax basis. A copy of the: medical, dental and vision plan brochures may be, obtained from :the; Human' Resource's'Office. 1= The/City presently contracts with CalPERS to provide medical coverage_ The - City is required under CaPERS PEMHCA to make a contribution to retireemi medical premiums. A retiree's right to.receive a City :contribution; and the: City's obligation to make payment on behalf ofretiroes; shall only existas long as the City contracts with CalPERS, for medical insurance. In addition, tId1jon, while, the City, is in CalPERS,, its obligations to make payments on behalf of retirees shall :be limited to'the minimum payment ayment required b law. y, - a. PEMHCA Employer Contributions I MSMOA MOU FINAL 06-09 2611-2013 7-., Item 6. - 15 HB -72- MARINE SAFETY OF'. RP' IMANIAGE-MENT. A$SOCIATION The City shall contribute, on behalf of each employee, the mandated minirn,urIn.sum as rpqu-ired per month toward the pavrhent of premiums for p_ medical insurance. under- the, PEMHCA ProgTz . im As , the; e mandated minimum- is.:indr increased, the City shall make' the —appropriate adjustmentsby, d6creasingits flex benefits- con , iri-butiOn accordingly ;as, defined in the following sub -section: b. Maximum. Enjgl�er Contributions Toward Flex Benefits For the:, term of this agreement, the City!8,; rh.!xim6rh rmnthly emp16 yet, contribution. for each :employee.'s medical and vision insurance premiums. Pre'setfortha,O f6116w.-. r be, the sum O'fhe participating Orange Coun#y Blue Shield EMHCA Plan plus� the 1ISP V.isiori Plan premiums forfi'eacti_of the following a. E t.Tipjpyoe,,only ("EE - b, Employee on'e d e p n-d e- t E E+ 1 C. Emplbyee+:two or"more-dependents (TEr" + 2) 41 :The maximum, Cityodghtribution shall ,be. based on the -employee I !s in each,plan. enrollment, - ' - The parties agree, that3 fho� required ii, u ion -�W6 - PEMHCA cont is, included in this, sum d in; the sub-', section 'above, -if the employee: ,enrolls. -,in a plan wherein 'the,,, costs.1- exceed the,,Iblty Contribution,; the emp loyee is re-s'popsibI6, for all ,additiohal�b,re'Miu-ms through prip-Tax paytbil'I'dedUctions. MS MOU FINAL.06 09 2011-2013 9 HB -73- Item 6. - 16 MARINE SAFETY GFRCEP.&I MANAGEMENT ASSOCIATION W-69- th-AS teR PeFGeRt (100), the empleyee will' Ret be -eatitled FeGeive the diff-I event tip vent PEAMCIHA optii nc: ease: ,2. Dental Insurance 3. -­ ___ - -if- __ - ­ - , "' Orange� County 'True '--'hiE' I. the ContTibuiior-,,4 The 01rin-Up.1 makimbro benefit f6f the thousand dollars)., Dqnta[ PPO, plan is $2000_ . (tW6 a., Eff6ctive J 3-rU--a- TY_ _ the` maximum CityContribution ,sh all be,, equivalent to the premium remium the Delta Dental PPO: plan based, on the orrip oype's enrollment of emgl6yee only (-EE"), omployee,plus pn16 dependent: ("EE+1?') or employbe plus two or more dependents ('EE+2" 't,`a, as reflected in the Emrj!oye Vionth v J,. orrinoutionJpr reps _ As:,reqpired, 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 cove -rage is solely I MISMOA MOU FINAL 06 09 2011--2013 10 Item 6. - 17 HB -74- MARINE SAFE TY OFFICERSS"MANA EMENTASSOCIA TION governed by the 0,6v&Mrn'ent Code that, requires the City eA'brid this benefit to. retirees (annuitants,):. While the., City is contracted- with CalPERS, to participate in the PEMHCA program, CalPERS shall be the sole deterrriiher,of eligibility for retiree,a n-d/or-.a-nnuit8nt-to participate ih_.the 0 F HCpro gram.. a,. City Contribution (Unequal Contribution Method) for Retirees As providecf by the Government Code and -the balOElkS ', Board, -and. requested by the Association; the. City�,sfl6ll Use the"Un,6abal- Contribution; Method -P ;I I..7 - I'll- ­11, . 11 11­ ­­­ ­­ ­­ Method.16 make Cit I -each,,retiree :or -annuitant. y,,,�pontributions,on.behal,f.of I The; starting year for the he unequal contributions method is 2664:,at $1.001-_p6r. In th. The C i con ribution for each: arin6n'C "u'shall b" increased &rdasod y _ annuail by fiv'e� percent (5, m of, the monthly-,c'e ontribution Jor employees,. 'until ,such tirpe7as: the, contributions eqOaL,` The- Service Credit Subsidy are y will be reduced' ever JL�t e- -januaTy -, 'by_an/.amount equal to, arty.requir d., arhouritto,:b0a -paid by;the .,City'oh behalf of -'the retiree (annuitant):, Thp'*,"Cify, shall make- these " 6hl, C 'it- in the; payments YM y while the City !s p, p PEMHCA program:` b,.. TOemih8tibn.of.P8rtici6atioh inAhE(Ca-PERS PEMHCA. Orogra­m_- . The City's, requirement to pfovide.-retirees , (annuitants) medical coverag e solelygoverned by thw GovernmentCode requirement that PEMHCA agencies', -extend this J,6enefit; to retirees (annuitants). If by agreem'Q'fit, between the Association and the. Cityor if the City -npose- frhinbtjo . h of rt. ty elects -to it -A ro- am retirees :its pa icipatioh it! the PEMHC,,, p Prees, {annuitants) shall., -no I onger be.'eligible,.fpt City provided fTi'di6al insurance. t ar p. t. In, the, eventr/that the City terminates its participation in the PEMHCA program, the� retiree iree medical s66sjdy program m, J�n o'hi place: ihAestioni No,.: 1 200 1 OA 23/ Exhibit ID to the MemorandumofUnderstanding'; 'shall be;, reinstated; The., ON shall make any necessary�difi_ t' to "-'rrip, ica ions o pop m the City sponsored medical I . I` insurance pl8in,_ 9.1ew 4. Additional Costs ... sts for Parti C-1 The Association shall 'pay to-th6 City an __arnoUnt:equ8F'to $1.00 per month, fbr each additional t&ti'ree'and-/ot,-,ahriuilt,�irit Jrgajq14the- ba ing unit elects partic I ipate: in -the PEMHCA plan but is not participating, in the City, sponsored 11 tet.irO.Eimedica-lpr-og'r-amas,ofthO'b-egi:nh'irig6tb period after pay po the PEMHCA program is in place. Each January Ist the amount ,per month paid to the City for each retiree. and/or annuitant described above shall, increaseby the amount, PEMHCA I NISM-OAMOUHNAL06414201,11-2013 11 HB -75- Item 6. - 18 MARME,SAFETY.GF-PCZR.c5',! MANAGEMENT ASSOCIATION requires the City: to pay on behalf of each retiree, (ann . tant)'. Article IXA.13.8. provides . an example ample of expected payments per -, retiree or p . �� I- .- _. .. ­ __1 -p annuitant per month,. In: the event of passage of State Legisl.ation, Judicial, R lings,',,,orCalPERS Board Actions that increases 'the mandatory minimum onflih -contribution 'm y for retirees, (annuitants); the, Association, shall pay a',,equal amount to' the City: Payments: shall be;made the first ofthb.ImOnth (fof withg.implementati6n). If the 'Association- fails, to make timely payments for two. consecutive months,-, the Cityshall implement decrease in the—suoyfornental bone.fit-coIntribution, to health insurance for each Unit employee V an amount equal to the total increased cost paid by the City. fr for ex�,m __ pi'e,. if the. increased cost for 0 benefit y, sUpplO Mental, ben it foreach retirees equals $6,000 poeyebr, the rnht�f employee will be decreased a S,f6lloWS. $6 000 dividpcl1bytWelve,(moriths) $ = -'- I 1 11, - .. - - they ' ' 500, which- is. then divided by numb_er ofemployees receiving supole.Mentalbenefits. b.' Termination Clause. The City and Association may/Each request, termination of. the, City's, contract With CalPERS: after the announcement uncerh6nt of State Legislation, Judicial Rulings, Or a CalPERS BoaM Action that changes the employ&s, contribution, insurance premid, ms or program changes to the C81PERS: medical plan. The City and Association f may -elect to terminate its participation in the CalPERS PEMHCA progpm by mutual agreement through 4he mel6t, and confer process.between the Association and the. City. B. Medical Cash -Out If a h ifbi m 9 emp oyee; is coverec y a medical, Orogra outside of a City-prbvided program (evidence must. tie supplied, to the Human Resources they may elect to discontinue.City rhedical cbVK80e and receive, ninety two. dollars, and thirty -on ,cents ($92.31) bi-weekly to deposit into, their Deferred Compensation account. o, any other pre-tax program offered by the City so long as the contribution is in ccordance, with applicable Interhal Revenue Code of regulations.. An emplpyee, may elect. to discontinue vision coverage. The employee premium paid for vision ion coverage % will be applied: toward 'medical premium,, unless the employee opts but of the City's MO(Oidal,plan (in which case the employee will not receive the, cash benefit). I MSMQA MOU FINAL 06-W 20,11-2013 12 Item 6. - 19 HB -76- MARINE SAFETY MANAGEMENT ASSOCIATION C., Section j25_Employee Plan The, City shall provide an Internal Revenue. Code. section. .1 215'employee. plan that allows. . employees to, use, preLtax; salary to pay for regular childcare, --adult dependent; I care: and/or. unr`e'imbUised medical expenses as detd - hm I ih-'ed by _th' Interna,hRevenue Code., bl. Life and Accidental Death and-NS-memberment (AD&Dl. Insurance Coverdoo The: `City will Citywill provide- fifty thousand sand� dollars ($,5_b,0'_0i -0) of term 146-itisuraAce,and fifty fty ri&dbllars- ($50 000Insurance_j' pldye6 at, the thousO ),b ' fAD&'b'coverageforbachAij Wit City's -Cost without evidence- of: insurability,. other than. evidembe of full time employment�status. Optional insurance is available�-at the P10, ee's own cost.employee's E. Long Term. Disability Insurance 1_ The 6kisting, long-term disability _proqr*6 provided 6 6moioyees by the Pity' shall remain in eff6ct., Theexistinglong-term disability program has..a sixty (6 4� calendar day qualifying period- After the --sbVI(60) calendar- day qUalifyih g. p , eribdi., the erri"I will'be -covered b insurance plan employee e y an insur; ad paid for ;by the, City, which: will provide 66::���. 8i`ihe emp`1oy'e'_e;,:siaiary rate-: (excluding overtime e, .and any special '06y) up to a maxim -um, of $10 000 a month in''adco- fdand e- with, - e following-; Disability Due to /Accident Disability Due, to illhes's. Firs . U60 Days Re" ule(r Pay Regular Pa Next 24,.Months 140- , 2/3"/",of.BasePay 662/3% of Base: Pay To; age,65 616'2/3%oof , ffbsePay I None nd months -refer to calendar days. and months 2.1 The LTD Plan.- . is ,integrated with 'W orkers' Compensations Social Security and, other non-phva 0 1 rograrn benefits to which entitled. 3. Disability is defined, as,.th*e:'in'ability to:perform all. . of the duties ,of'the:emplo employee's: -ye : engage i n regular occupation during '!W6�,(2) years and thereafterthe,inabilit t y 01 any, -employment or occupation- for Which Wshe is fitted b reason of : - . employment. occupation- I I I � 'y educatio'n, training.: or�expenence. A' 4.. The(LTID Plan provides- for a uNi.vors'- benefit pay_ ment for three. (j) months ,be" , yond the employees death. Pleasenote that Article" X1 Section C. Sick Leave,. Compensation provides up to sixty (60) calendar days. paid sick leave per incident -or illness. MSMOAMOUFINAL, Dr--0-02011-201-3 13 HB -77- Item 6. - 20 MARINE SAFETY Aprmlc€Rs! MANAGEMENT ASSOCIATION 5. The terms and conditions of the disability insurance coverage are set forth in the policy, a copy. of which is on file in the Human: Resources �Division,office. In the event of any conflict between the. policy and this article; the policy shall control. The City may change insurance companies,: polic6s, or selfAnsure this, benefit,,, provided that the plans shall remain compara le to that currently in - effect. ARTICLEX - RETIREMENT MSMQA MOU FINAL 0€-09 2011-2013 14 Item 6. - 21 xB -78- MARINE SAFETY G_ FWIC%=R_S' MANAGEMENT ASSOCIATION Self -Funded Supplemental , Retirement gene , fit 'the, November "W" . shal '�-­` , a'n­r&',the u ilbdifi6d allowance whack the � _A Job h6r"Iff6fa q4 -S S, ift and" 7 lvr'ispayment s 64, Mt7 "TV be Oayabf 11 rill V" thb,"life of ,_,,,�, dipatb1"the Ii, ti" cease I r bek V he s Thi, J b6f6fe,,, N,,Pyemb nitempoy -h {Note: io incorporate the �,6' 1&ttllpf March 206 ,3: 1959 Survivors' Benefit Level IV Members 6f"Ithe-,"City' S safety ret of the 19.59SOrvivor'Ben6fit'. itqtheWOU'RBio—,2W J P r em"9Xe hired & %"199& I : : plan shall"bO covered by the Fburth_Level: 4. Medical Irisuraricb,for Retirees/ n m,,' IPE As required by the Goverent:Codel, while the City is, contraeted:with Ca RSto participateparticipatein the PE program-, *red 'en'npoyees I (annuitants) available the ability #o p rticipate! in the -Public,Jimployees' Medical,, and Hospital Care -Abt, (PLIVIk-�'k a1PERS shall be�,iho '01' program�. C sole deteritiiner of el' i 1 1, y� for retiree '(ahr 28,ni),f8 participaten,the PEMHCA i program B. Public Em IoVees Retirement System FZ6itribursemerit.arid kepotrtn!4- f. I Ead h,emolovee, covered by,,this agreement shaUbe,reimbursed:,an amount ,equal- tt(not:to`bkc,'eed nine­,p__erqent­(9%) of -the employbe's base splatyphis,educatioh' n ' i fiV6 oav as o, a portion f h, M t ibbfi6n, incentive p o each, e ploypo's Ca'IPERS contribution,. The above CalPERS pickup is -not base salary l5ut is done, pursuant to Section 4114(h)(2)of the Internal Revenue Code. .0 2012.: MSMOA MOU, FINAL 0&4M 2011-2013 15, HB -79- Item 6. - 22 MARINE, SAFETY OFFICERS' MANAGEMENT ASSOCIATION .E­­- 1 �;�A -bth,�,employee covered by this a6reernerit shall cdriribute L. 0 'emoto oe share of CalPERS -effecuthe ve bea.�rlfrling . "U"A' w 11 1 - I . , 01 ber 1, 2D1 2jand therea—fter- C. Health Savings Account for Post - Retirement Medical Benefits The, City shall implement a voluntary health savings accou t plan during the term erm of F the agreement for the purpose of allowing. -employees7 th oppQ - rtunity, to fund_ post medical r6tirement'health premiums. remiums, D., Pre-Retirbrnent:-Option .81 Settlement 2 Death Benefit' The City provides its safety employees Pre-RetiremeMt Optional Settlement 2 Deathl Benefit'. ARTICLEXll -LEAVE- BENEFITS A, Vacation: r p, r The purpose of- annual vacation is to provide a rest period, Which `will I' enable each employee, to return to work p hysically'a 4 ent . ally refreshed. 1.1 'Accrual: Employees in City servi. forty (40) hours (full time).'shall with th ejollowingf 2. rig, an average workweek of' annual vacations With pay in accordance Years ofi8eirvice' Vacation. Allowance: First thfouqh Fdurth Year: 112: hours, Fifth through Ninth Year 136 hours. Tenth through Fourteenth Year 160, hours. Fifteenth Year and Thereafter 1,92', hours a. ; For the purpose of. computing vacation, an employee's anniversary, date Shall be y- the-mostrecent/dateon which he/she commenced full7timeCity employment. b. Permanent,, part-time employees assigned a work schedule of less than thirty (30) hours but.rridrethan twenty (20) hours per week'. shall, receive Vacation in one-halUthe amounts set forth above. Empl6 yees� assigned to a workweek of less than forty (40) and more than thirty (30) 1 hours per week k shall receiV6. Vacation in three-fou rths (314) the 'amounts set forth abQ'V_ e. c. No employee shall be. permitted 'to take a vacation in excess s I � of actual tirne .earned and vacation on shall not be accrued it . i excess I Of three. hundred,. twenty (320)1. Vacations shall betaken only with, permission of the_'Department Head;,. however, the department head shall schedule all vacations with due I MSMOA MOU FINAL 06-0912011-2013 16 Item 6. - 23 HB -80- mARINE,sA- FETY-. MANAGEME.NT.ASSOCIATION consideration1or the wish of the employee and particular regard 'for the need of th4 department. Convers ion,'to Cash An. employee may elect to take.,up to eighty (80.), hours of pay per fiscal year for accrued, vacation injiou of time off. It is the intent of the " pqrtJ"es that employees take, vacation during t,h,o,fiscal - year a. Pay -Off at Separation from Eftipl 6Vmeh Uponseparation from em . ploym - ent theterminating employee _�e&sh 11 receive, ,ensation at his/her, curre'- ni comp, Cr6gblai rate 'of pay- for all :unused., earned' :va vacation: to. which - he/she is� entit ' led' up to and includ,rig,the"eff6bif effective ; date of hislher separation from employment. B. Sick Leave" AsofJuly 311,1914, dLsick,,'Ieave>accumulatio6 was frozen', for purposes of:ppyoff upon` termination and..no-.additional time will be accumulated. S Ia­rcontinuation; kll6aveiscovered, un I for approypd' sic G., Tirne Offfibr lniubY_or1IIn-&ss, 91 All employees hall be entitled"t6 use up tosixty (60en ar-Aayspaid leave"per- - ,). cal �'d injury br,illr�ess_ 'Thli,§, l6av&- ot�,qccbm6lat6 or have any cash* value as- such employees: may notzash.,out unused leave upon separation,6f`employmen'tfrom the City A I d6 not I ue,sick,'Ieaveall employees: will be.allbowedjo use up to ,s emp_oyee<,_.,_ (sixty), W. hogs: per'calendar- year for to care for a child", parent, s-p-buse, or registered domestic partner cloying illn6ss,. 'family medical date leave for eligible I employees The CO Will provide f that' meeVall, requirements of. State and Federal'law . Rights and obligations are :aet, forth' in. the Department of Labor Regulations implementing the: Family Medical L6ava Act (FMLA),: and 'the', 'regulations of the California; Fair. Effioloymbht -6hrd ,Housing. Commission .implementing the CaliflorniaFamily,Rights Act (GFRA). The City shall -comply With all Stateand Federal leave be'nefit e intitlernerit-laws. An employee on an. approved leave shall be allowed to usepaid sickk-leave and earned rto v�Lic�atioh..and/or dbhir)6hsatoryti'M Oorthe-duratibf the abpr6ved leAve. MSMOA MOU FINAL 06-09,2011-2013 17 HB -81 - Item 6. - 24 MARINE SAFETY OFFICERS." MANAGEMENT ASSOCIATION E. Bereavement Leave Employees are entitled to bereavement leave not to exceed'three/ ,(3j working days - -- per calendar year per incident of death in the immediate family. Immediate family, is defined as father, mother, sister; brother, spouse', reglistere(domestic partner, Y children, grandfather, grandmother, stepfather, stepmother, stepgrand1father, stepgrandmother, grafiddhildren, stepsisters, stepbrothers, other-J1171a'pw father- 7 . 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. Deferred Compensation/ Leave, Cash -Out The. value of any unused earned leave benefits may, be transferreldto, deferred compensation in connection with . 'separation from employment; but,ohly,dUring the time that the employee is actively etnployeid with the City. The enfpjoyq6 MUST request the transfer no later than the pay period prior to the employee's last, dayof employment. T G. Voluntary Catastrophic .Under certain conditions, employeesmay d6nate leave; time lo another employee,, in need. The program outlined WExhibit E' of this: Memoran'dUrn of Understanding. ARTICLE X11 - Q)TY RULES All City Personnel Rules shall.apply to As#iation members i however, to the extent this< MO,U modifies the City's Personnel Rule!sr, the Personnel Rules as modified Willi, apply to Association, members. ARTICLE. X1.1l'— MISCELLANEOUS A. Salary Upon Appointment When an appointment of ag/ecurrent lifeguard to the classification. of Marino Safety, Officer occurs, the salarylstep upon appointment shall be determined in thesame manner as salary step upon promotions under the City's Personnel Rules: B. Physia The City agrees to pay for bi-annual physical examinations, to include stress EKG, when authorized by; Department Head, with the understanding that suits rized by re thereof may be utilized for the determination of the employee's continued ability to perform duties of the position. A copy of the physical examination .shall be provided to the employee, upon his request. I MS AA MOU FINAL 06-02 2011-2013 W Item 6. - 25 HB -82- MARINE SAFETY OFF4GE-RT. MANAGEMENT ASSQCIATION C. Conditioning Time Unit- employees may be'allbweduD to one (1) hour on each regularly I - scheduled shift to tie used. f6r:physica I cOndition.ing. 1 ;5 06 Hour:,Recurrent Employees The -Association ,agre . es,t6:permit the City f6-implen a fifteen hdn d workhour per year for non-HBMSOMA positions, subject to, official' ohhel,RU[e,s 5-24.., fi E.Collection of:Payroll bverpavments In, the event, that. -a payroll over payment'is.. discovered,� and verified,,. and considering all reasonable- factors idcluding� the length Off time. that t1h4'-, over yment was madeandif and d, when ti 6'em` plo,ybe. 6ould,"have reasonably, known about such over payment; theCity will take; actioalto I collect from,tha employee the amount of over payMb . ht(§),; S I u06 collectionshall,#"be processed, by" PyrP Il p deduction over a reasonable, ped6d pf time I considering the .total amount of over OPY016nt. 4 lnthe -event thelz-Omplo ee separates from employment'during the collection period, Y, separates 1 11 - - I - the final arnodhVshall be deducted from th&,11(�st - payroll ch eck: of the etnploye6. If, , applicable; the balance 66 from the- employ e0z shallrp ', be communicated upon employment separation it the last payroll check does not, sufficiently cover thEv amount dde the', City; It shaIl be"the,resporitibility of thq eftloveOand the City to periodically monitor the accuracy of -compensation t-' b ment's d 04 to the pbssibilit A payme ' nsilorreim reimbursements P- a, clerical 'oversight or error. The" City reserves the-, right,to, also collect compensation, over payments: 'e tho result. ult:of misiht6r '0' by ve caused by _pfetatibn of a pay pr o6� I shall be: non-authorizbd persohnel,�� The :interpretation of all si - _ , �'; 1. . - 11 I'll pay prQV1 administered by the, dity/Admihi'stratbr or designee. Unauthorized compensation;. _ ayrneht§-shall'notconstitute a,Oastp , ractice-. MS- MOA MQU FINAL,06-M 2011-2013 19 HB -83- Item 6. - 26 MARINE SAFETY MANAGEMENT ASSOCIATION F. Grievance .Hearing CostSharing Grievance hearing costs.,shall be shared equally by the City and `the, Association:. The parties agree that under no circumstances shall the grieva rt(s) be required to pay any part of the grievance hearing costs. / G. Personnel Rule 19 Modification City and Association agree to implement Personnel Rule 19 modifications as provided in Exhibit. D attached hereto: and incorporated by reference. r 1� H. Uedate_Employee-Erriployer Relations Resolution (EERR) During the term of the Agreement; the City and the Association agree to meet and, confer to update the Employee -Employer Relations:- Resolution to reflect current state law. Modified Return to Work Policy The City and the Association agree -to meet and confer during the term of the Agreement to establish -a modified.' return to work policy for employees who. experience industrial or non -industrial, illness_and/or injury, J. Controlled Substance and -Alcohol T The City maintains the right to conduct a test during working hours of any, employee that it reasonably .suspects is under the influence of` alcohol or 'a controlled'substance in the workplace, consistent with department'policy I MSMOA Mou FINAL as-" 2011-2013 20 Item 6. - 27 HB -84- MARINE SAFETY ,GFFICERS'MANAGEMENT ASSOCIATION ARTICLE,XIV i. CITYCOUNCIL APPRovAL it is the u,ndeg5tandingof the City and the Association iation that this . Memorandum of i understanding i , s of no force, or affect . Whatso6v6r unless and Until adopted by Re0blution of the City qo- un.cil of;the. City d,'Hdritindton Beach.. IN WITNESS' WHEREOF,. 'the parties- hereto. have -executed this Memorandum of Understanding. this day, Of. 2 .01119 -7, H1JN_111VdTQN EitAdk CITY OF HUNTINGT ON BEACH MARINE SAFETY,PFFW�E-W E ME ASSOCIATION. A Municipal Corporation By: By: Fred A. Wilson City Manager By: By: Paul Emery Deputy City Manager An MicheleCarr .Dit.ed.torlof'.HutTi.an-:Resources B Kyle Undo Marine;Safety. Chief By:: Jo Ann,,Diaz Negotiations Team I1i16mber By� Irma Rodriguez7Yoisa Chief N.e1gotiat_or. Mike ffartkett President , 'MSMA Mike PoVvell-, Business,Agent Mike Beuerlein. Vice President nt MSMA By - Eric, Pietp-rhiph Negotiations. Team Member an APPROVED AS TO FORM,. Jennifer McGrath City. Attorney; IMSMOAMOU FINAL.09 09 2011-2013 21 HB -85- Item 6. - 28 MARINE SAFETY OFFICERS' MANAGEMENT ASSOCIATION EXHIBIT ►4 - MSQMA SALARY SCHEDULE I I MSMOA MOU FINAL 06-09 2011-2013 22 Item 6. - 29 xB -86- MARINE SAFETY OFFICERS'MANAGEMENT ASSOCIATION EXHIBIT A — msom SALARY SCHEDULE E-#eGt*ye QGt9bOF 1, 2008 llA4;qp- ipGnpasp— —a %) Octdbei� 1. 20.11 0, Cci iglnaily effective, I DIVOS). Step Job Code Classification Range A B C D E 0467 Marine: Safety Officer 1 531 ,342 $594 $5:635* $5, $&,237 $6!618 I $30.82, $3215.1 $34*O $36.19 $38.18 Marine $6,049 UX12. ­.. - $6 734 / I $7;1'0.6- $7,495 0468 Safety:Officet.11 556 1 $34.90 $36-82/' $38.85 $40.99 $43.24 0105 Ma6ne Safety Lieutenant $6,788 $7,16.0 $7,554 $7,970 $8,4108 579 I $39.16 �$41.31 1 $43"59 $45.98 $48.51 I MSMOA MOU FINAL 06 09 2011-2013 23 HB -87- Item 6. - 30 MARINE SAFETY ' MANAG.EMENT.ASSOC1AT10N EXHIBIT 'B — SERVICE CREDIT SUBSIDY PLAN An employee who has retired from the City.and- meets the. plan participation r quirements shall receive a monthly Service Credit Subsidy to reimburse the retiree for ttt 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 emplois granted a retirement allowance by -the California Public Employees' Retirement System (CalPERS). The Cty'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: 7 a. During any period the retired employee is, to receive or receives medical insurance coverage at the expense o�another employer, the payment will tie suspended. "Another employer' as used herein means private employer or public; employer or the employer of a spouse As a condition of being eligible 'to receive: the `Service Credit Subsidy as set forth in this plan; the .City shall have the right to require any retiree to annually certify that the retiree is not receiving or eligible to receive any such medical insurance benefits from another employer. If it is later discovered that a misrepresentation has .occurred, the retiree, will be: responsible for reimbumemdnt of,those. amounts. inappropriately expended and they retiree's eligibility to receive further benefits; will cease. b. On the first of the month' in which a retiree or dependent. reaches age sixtyfve (65) or on the date the,iTetiree or dependentcan first apply and become eligible;, automatically or v l ntarily, 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. c. 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 notto exceed twelve (12) months froirmthe 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. MSIVIOA MOU FINAL 96-09 2011-2013 24 Item 6. - 31 HB -88- MARINE SAFETY OFFIQERS' MANAGEMENT ASSOCIATION, EXHIBIT- 13-­SERVICE-CREDITSUBSIDY- PLAN To receive the Service, Credit Su b8i dy retirees are required ired to purchase medical' in'raride from Citsu require y sponsored plans:; The CRy shall the right req' a riy. retiree (prinpitant) to annually certify that the retiree is. purchasing medical , lhsuradce benefits. 5. Disability Retirees- lndPstr,ia1­,disabilitv retireoslwi.th less ,than ten (.16) years 6,feserv'ice: shall receive a maximum monthly payment toward the premiumfor health, insurance of one. `hundred twenty dollars ($1-20)., Payments -;'hall be i - n accordance . -. . 4- with the stipulations.and conditions; whlchexisUor:a'lf retirees. 6r Service, Credit Subsidy —Payment not t t exceed- dollar amount, which, is equal to the qUallifiedrnedical e­Xpen$es: incurred for the purchase Of city sponsored `medical. insurance. 7.,. Maxii-hurn Monthly Service Credit Subsidy Payments - All`' retirees;: including-, those retired as a result of disability whosenumber of years of service prior to retirement exceeds ten (10)-,continUous years of regular "'(permanent) service shall I beentitled to, maximum Service Credit 'Subsidy, by the City/,for each year of completed City, service as,follows:• Maxirnum--.S6rvi,ce Credit Year$ of 1,0 "13 14 15 16 17 1�8 110 -2Q 2-1, 22 23 24 25 sid- Retirements After . y Service. Credit. Subsidy $.120 135 150 165 180 80 195 210 225 2140 255 270 285 299 314 329 343 The . Service- Credit Subsidy will be reduced every. January 1s by ,an amount equal to any required amount to be, paid by the City on ,.behalf of the retiree (annuitant). Article IX.A..3.ar. provides an example of expected reductions. per retiree per, month. I MSMQA MOU FINAL 06 09 2011-2013 25 HB -89- Item 6. - 32 MARINE SAFETY 017=F=FRS' MANAGEMENT ASSOCIATION EXHIBIT B-- SERVICE CREDIT SUBSIDY PLAN 8. Medicare a. All persons are eligible for Medicare coverage -at age sixty-five/(65). Those With sufficient credited quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient' credited gdarters are still eligible for Medicare at age sixty five (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 NAB' of Medicare. b. When a retiree. and his/her spouse are both sixty-five (65) or over„ and neither is eligible for paid Part A of Medicare, thefService Credit Subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is' less. c. When & retiree at age. sixty-five (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 sixty-five (65) is.not eligible for paid. Part A of Medicare and his/her spouse who.is also age sixty-five (65). is eligible for paid Part A of Medicare, the subsidy: shall be for the retiree's. Part A only. ,7 9. Cancellation a. For retirees/dependents elig cancellation provisions apply i. Coverage for a eliminated on tl age sixty-five (E for paid Part A of Medicare, the following under the Service Credit Subsidy Plan will. be day of the month in which the retiree reaches ii. At age sixty-five (65) retiree's are eligible to make application_- for Medicare. oUpon being considered "eligible to make application," whether or, not application has been made for Medicare,, the Service Credit Subsidy Plan will be eliminated. MSMOA MOU FINAL 05-09 201.1-2013 26 Item 6. - 33 xB -90- MARINE SAE EXHIBIT C — A. Erriplover-Emplovee Relations Resolution M. ANAGEMENT ASSOCIATION EE-EMPLOYER RELATIONS RI 1. Modification of Section 7 — Decertification and Modification a) The City, and the. Association desire to maintain labor. stability 'within: the representational unit to the greatestextent possible, consistent' with the ,Y 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 ,tinit and: the selection of the: representative of this unit, except during the. month., of August prior "to the expiration;.,d this Agreement.; Changes in bargaining -unit shall not; .be effective until expiration of the- MOU,; except as: may ,be determined by "the, Personnel- Commis§Sion pursuant to, the procedures outlined below. This provision shall modify.,�6nd supersede the time limits, where inconsistent, contained in Section. 7 /of the current Employer= Employee Relations Resolution of ;the .City of Huntington. Beach. b) The City and the,Association have agreed to a procedure whereby the City, ;by and through the Human Resources Director Martaw, .would be entitled to propose a Unit Modification, The Association and thee& agree to jointly recommend a modification of the City of- Huntingtonf,fBeach Employer -Employee Relations Resolution (Resolution Number 3335)f upon the City's having completed its obligation to meet and confer on this issue with all other bargaining units. The proposed change .to the follows: Director Mnager' may l Decertification, that, an - following procedure: / Employee Relations Resolution is as of Unit Modification -- The Human Resources during the same period for. filing a Petition for ied unit be modified in accordance with, the 1) The Human Resources Director Manage f shall give written notice of the proposed Un;!Modification of:Modifications to` all employee. organizations that may be affected by'the, proposed change. Said wriftennotification. shall contain the Hum d Resources Director MaR66er's rationale for the proposed change includin all information which justifies the change pursuant to the. criteria establi hed in Section 65 for appropriateness. of- Units. Additionally, the Hum n Resources Director Manager shall provide all affected employee or with all correspondence, memoranda, and other documents. which relate to any input, regarding the Unit Modification which may have been rseceived by the City or from affected employees and/or sent by the City to affected employees; Following receipt of the Human Resources Director Maflager'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 ! MSMOA MOU FINAL 86-02011-2013 27 xB -91- Item 6. - 34 MARINE SAFETY O €IGERS- MANAGEMENT ASSOCIATION EXHIBIT C — MODIFICATIONS TO EMPLOYEE -EMPLOYER RELATIONS RESOLUTION change and to formulate a written and/or oral response to. the Motion for Unit Modification to the Personnel. Commission; 3) The Personnel Commission shall conduct a noticed Public Hearing regarding the Motion for Unit Modification at which time all affected employee organizations and: other interested parties shall be heard. The Personnel: Commission shall. make a determination rega Modification which determination may include, a _denying of the motion, or other appropriate orders creation of Bargaining Units. Following the determinationof the composition of the appropriaV written notice of such determination to all affected4t ling/the proposed Unit ranting of .the motion, a elating to the appropriate Personnel Commission's Unit or Units, it shall give_ ployee organizations; 4) Any party who chooses to appeal from ,the decision of the Personnel. Commission is entitled to appeal in accordance with the provision of Section 14-4 of Resolution Number 3335. B. During the term of the agreement, the City and the Association agree to update the; Employee -Employer Relations Resolution to r4eflect current State law. I MSMOA MOU FINAL 06-09 2011=2013 K-*1 Item 6. - 35 xB -92- MARINE.SAFE EXFII�IT D'- r 19-' 1. PURPOSE. The purpose of :this rule is; to provide a means by which. grievances cif employees or employee orgpniza#ions may, be 'considered, discussed and resolved at the level closest` to their point: of origin. The grievance procedure provided for: in this rule does not apply to the review of employee.;disciplina,ry matters which subject is treated in Rule. 20hereof. 19-2. DEFINITION. For the purpose,ef this rule; a.gneva' hQe is a dispute concerning. the," interpretation' or application of .any provision of then :btt_y s Employer Erriployee' Relations Resolution, _or any provision of this' res`ol'ution or any departm*entaV rule. governing personnel' practices or working conditions,. with: the' exception of `matters excluded by Section r. 1973. MATTERS EXCL.UbEO FROM ,ORIEVANCE PROcEDt1RE: The following subjects,are excludedmevanc'prdre' pvided for herein f.toro` r .. (a) The: review of employee'disc'iplinary''M-p'tiers, .which is treated in .Rule: 20, hereof, (b) All "matters subject to impasse. procedure, provided,, in` .the Employer- Employee Relations: Resolution.``` ,R rrf 994; SUBMISSION OF GRIEVAN DES: Any individual employee or recognized employee; organization shall gave,,the right to present a grievance. !f tinro (2) or. more employees have essentially the samevgrievarce grid report; to the; same supervisor;`' they may, and ;if requested to do: so by`the c°ify; must jointly or collectively °tpresent acid 'pursue their grievance: If a grievance,* -is alleged by, three(3) or more' employees, the group shall, atthe request;of'the�city, appoint one of such�employeesto speak`f , the group" 1975. GRIEVANCE PROCED[1RE.: The- grievance; procedure> shall consist' of- the foliovirmgsteps, each of which must be completed:'prlor to any request for further . nsideration of the matter: unless otherwise provided herein: Step 1 Informal Discussion. (optional). If an ,employee feels that he has a grievance as defined in'Secfion 19=2, he. may request a meeting with his immediate supervisor within ten' (1.0) days after the employee becomes aware ar reasonably should have become. aware of the subject, matter of the rievance The immediate su ervisor, within ten 10 . da s of such re nest; 9 p { )' y q f , shall meet With th e employee when so requested and discuss the grievance'in w. an .effort: to clarify the, issue and work `#oward a cooperative, settlement or ° resolution of tne-dispute: The immediate supervisor shall;;present, verbally:or in writing;, his decision to the.:employee within ten'(10} days from the time of the, informal discussion'. Step 2. Formal Procedure: Immediate Supervisor. If the grievance is not settled through informal discussion or if the.employee elects not to invoke his 1 MSMQA MOU FINAL 0&4)9 2011-2013 .29; RB -93 _ Item 6. - 36 MARINE SAFETY OFFICERS! MANAGEMEI EXHIBIT D. — MODIFICATIONS TO PERS:O E ' right t to informal discussion, the employee. may formally submit a.grie.vance to his immediate supervisor within ten' (10) days: following the depisiph pursuant to informaldiscussion r in, the event `nt the I does n6f6k. 'o ve e,emp employee ect-to invoke, his right to informal discussion, within n te,n:'( 1.0.).days.-a I fter--the,,occurrence-which' gives rise to the grievance or after the,. Ornolpyee becomes:,aware­ or TP U reasonably should, have: been: aware . of' the subject' matter of,. -the grievance. Such submission shall be: in writing,' stating -the nature of,the girie'van , de and a 7 suggested solution or.re u6sted remedy._ Within ten (10) days after receipt Of the, written grievance, the` immediate: supervisor shall meet. with the employee,,._: Within ten, (,10) days thereafter written decision te given the employee by. the immediate -supervisor. pervisor. St'ep,3. Department Hebd. In cases where thie/department headlf s. not the, immediate supervisor; if the -grievance is not settled, Under Step 2, the grievance may be presented to the departmehbad.- Th.6' grievance shall submitted within ten (IQ) days- after receipt of the written, decision: from Step, 2. Within ten (110) days after receipt of the written grievance the: department head: orhisre0resehtatiVe, shall meet with the employee and his 'immediate supervisor, if any. Within fen (10) ,days thereafter written decision _shall be. given to the employee. If the.-g grievance under Step Step 4., CRV-.Man�iqer Admihistiz-at eVzihcb is not settled un'de - 3' the, grievance may be preseiii r - Administrate ed to the City Manage, Ad,,,_, F, in accordance with the following, procedure: M lithin fifteen (15) days afteit'the time the decisionis tendered Under- Step _3 60ove, .'a written' -statement. of th" e: grievance; shall. be, filed with the Human Resources: Director Manage who; shall act as hearing officer and, Mall set;, thO matter for'he-anq- - withJ6, fiftee'a (1.5) e served notice to b n-alVinterest --it"' a rea -ah&�, Lse days the ft6r shall C ve. upp parties: The Human Resources. Vector MaR_ age or his,. representative,: shall hear, the , matter' de novo and shall make. recommended finding-s'l c6nd[Usions_. and f a written and recommenda, to n,"i' the, form report a ti o the City _pcision in Manager Ad.. ... . It in ten (10) days following such, hearing.1 The City Manager AdFhiRi-;ft_ :Fllayl in, his d.isbretion', 'receive additional evidence -or argument, by. seffiA the matter for hearing'within ten.(10),daysJollowing his all receipt of such report-and,causing: notice of such hearing to be served` upppja,,, interested parties-. With h�tern (10) days after receipt of report, or the-. hearing, provided' for above. if ,such hearing is set by the, City Manager l the City Manager A ApAinistr;#qf, shall make Written decision and' cause, such ,to be:,seNbd upon the emplo ee or employee orgethization and the Human Resources; Director St , ep 5: Personnel Commission. If the, grie.van , ce is not ,settled under Step P, 4,, -it may be appealed to thbr Personnel Commission for de novo heariing and final determination in, be6ordance with.1h0jolloWirig procedure: JVISMGAMOUFINAL 06-092011-2013 3- 0 Item 6. - 37 HB -94- MARINE SAFETY ar=rmlr-r=RR'MANAGEMENT.ASSOCIATION HI . EXBIT D — MODIFICATIONS TO . PERSONNEL RULE 19. (a) Within ten (10) days after the time decision is rendered, under Step 4 .above, a written statement of grievance shall be filed wit h the Human ..Resburces Director 'Manage . Such statement of gri,evance, shall set forth in detail the nature of the, grievance, the facts surrounding the subject matter of the-gridVance, the contentions ris of the employee acid the prop - d's'ed solution or determination. (b),A�s soon as. Dratticable'thereafter, the Human Resources Director/Ma4aQef shall set : the mattbr.f6r hearing before; a,hearing officer eitherselected by mutual consent of the parties or from a list provided by .the Personnel Commission,. RatificatiQnof the hearing officer selected by/mutual consent, ,of the. parties,:, if. from a list.. approved by the Personnel Commission, shall not reqre separate .,appr oval or ratification by the Pelon I Comm ission. The. hearing, officer shall hear the case and make recommended fndings, conclusions and decision in. the form oiVa written, report and recommendation, e-. Personnel Commlssl� the -on a. on. to, the I n, lieu of hearing officer process, the Personnel Commissio�/may agree to. hear, a. case, directly; upon submission'of the case by mural consent di ­­ —, .1 11 — 1— ­1- ­ I . I � t of the parties.. 19-6. SUPPLEMENTALHEARING BY PE (a) The Commission may. in its soled report and recommendation of 111 ­0 hearing for thYe purpose of regg' " ivi the event the *Commission, sets, z R Human Resources Direc.to. manaE parties concerned in. suo 7rr tter: ma . COMMISSION is(creti on,. after it has received, the. written 'hearing officer, set the matter for private ng additional evidence or argument. In private hearing for such purpose, the: 9F shallgive written notice ofsuchto all (b)' The., Commission, fbildwirid a consideration of, the hearing 6ffider,s Written report, and recommendation and deliberation thereon and, any supplemental hearihg% before the, CommissiOn',, shall make findings conclusions and/decision-whiCh shall. be final and bindi,hg.-Qr I ! all[ pp rtieg.and from which the- shall be no further appeal. 19-7. GRIEVANCE/ DEPARTMENT HEAD. Any department head who has a grievance ay present it to the City Manager Admisis#atGi: for determination. The Ci.ty7N�Iianager AdFinii*tFatGF shall render a written decision to ,said department head within ten (10) days after such submission, which decision may bWappealed by the department head to the Personnel Corntnissi6h, in accol4ance With Step 5 of Section 19-5. I MSMGA MOU FINAL 06-09 2011-2013 31 HB -95- Item 6. - 38 MARINE SAFETY OFFICERS' - MANAGEMENT ASSOCIATION EXHIBIT E— 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. Employees who accrue vacation, general. leave or -compensatory time may.donate, such leave. to another employee when_ a catastrophic illness or injury befalls that employee or because the employee, is needed, to carefor a seriously ill .family member.. The leave -sharing Leave Donation, Program is Citywide across all departments nd 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 d,dbilitating illness or injury, which incapacitates th.e employee or an employee's/family member. Family Member For the purposes of thisjpolicy, the definition of family member is that `defined in the Family Medical Lea e Act (child, parent,. spouse or domestic; partner). 3. Eligible .Leave. Accrued compensatory; .vacation. or general leave. hours .may be donated. The minimum donation an employee may make is two (2) hours and the maximum is. forty (40) hours.. 4 Eli bility Employees who accrue ` acation or general leave- may donate such hours t0 eligible recipients: Com ensatory time accrued may also be donated. An eligible recipient is an employe who: © Accrues vac 't ion— or general leave.; • Is not rec iving disability benefits or Workers' Compensation payments; and donated leave. MSMOA MOU FINAL.06 09 2011-2013 W� Item 6. - 39 HB -96- MARINE SAFETY OFFICERS' MANAGEMENT ASSOCIATION EXHIBIT E— VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM 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 fi into a dollar amount based on the hourly wage of the donor: The dollar Warn"ount 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 DepGrtme,nt Bivisien (pa.,e#i} All donation forms submitted to payroll will be date,'stamped and used in order received 'for each bi-weekly pay period,,Multiple donationswill 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 R� employee participation, in this teen on questions regarding. I IVI$NlGA MOU FINAL 06-00 2011-2013 33 HB -97- Item 6. - 40 MARINE SAFETY .MANAGEMENT ASSOCIATION EXHIBIT E— VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Request Form According to the provisions of the Voluntary Catastrophic 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 ,n;y department; and o I am not receiving disability benefits or Workers' Compensation payments. Name: (Please Print) Work.Phone: - Department: - Job Trtle: Employee ID#: Requester Signature Date: Department Director Signature of Support: / Date: Human Resources bepartment Diuisiea use only End donation date will bridge to ,End donation date o Long Term Disability o Medical Retirement beginning. o Length of FMLA leave ending a Return to work Human Resources Director k4aF;ageF or Designee Signature Date signed Please submit this form II or to the Human Resources Department Division. I BflSMOA IUIOU FINAL 9R-48 2011-20.13 Item 6. - 41 34 HB -98- MARINE SAFETY OFFICERS' MANAGEMENT ASSOCIATION EXHIBIT E- VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM !Voluntary Catastrophic Leave Donation Program Leave Donation Form. Donor, please complete Donor Name: (Please Print or Type: Last, First, MI) Work Phone:' Donor Job Title: Type of Accrued Leave: Number of Hours I wish to Donate: ❑ Vacation Hours of Vacation ❑ Compensatory Time Hours of Compensatory Time ❑ General Leave Hours of General Leave 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 o general leave hours to the Leave Donation Program for: ; Eligible recipient employee's name (La t _. First, MI): Donor Signature:. Date: l,< Please submit to Finance/Payroll in or to the Human Resources Division. MSMQA MOU FINAL 8%-09 2011-2013 35 xB -99- Item 6. - 42 MARINE. SAFETY OFFICERS' ASSOCIATION 2011- 2013 ME'MORAN'DUMI OF UNDERSTANDING TABLE OF CONTENTS PREAMBLEI ...... ........ I .......... ..................... ........ v ..... ...... ......... ARTICLE I';'-lERMl,O_F MOU.;..v.as ........ ................................................... .... ........ ARTICLE t II,- REPRESE NTATIONAL.Ukit-ItLAsg-IFICAT16NS'.. ............................... W,.02; ARTICLE In,, MANAGEMENT RIGHTS.........................................................................2 ARTICLE IV - EXISTING: CONDITIONSOF EMPLOY MI ENT.'- I ...... ........ .! ...... ...... 2. ARTICLE V-SALA -y:SPHEDULE ....... ..................... .................... 2 A. WAGE INCREASES...... ....... .................................. ....................................... ! ............ o ....... ARTICLE VV-!:SPECIAL PAY ................ .......................... I ........................ a .... 3, A. -EDUCATIONINCIENTIVE.RkY . .................. .............................. / ................. 7, ....................... 3 Bi ACTING ASSIGNMENT PAY. ...... �.. ............. 4 C. CERTIFIC I ON PAY .. ........... ............ ......... ........... ........................................ 4 D. HOLIDAY PAY -IN -LIEU ......... .................. . ....... ....................... 4 E. RILINGUALSkLL ........... ................... 5 ................ .......................................... F. EFFECTIVE DATE -OF SPECI AL PAY ........................................................................................ 5: G. No PYRAMIDINGOF SPECIAL PAY ..................... / ................................................................. 5; H. REPORTING TdIPERS ............................ ............ ................... 5: ARTICLE V,11 -UNIFORMS,.CLOTHING., TOOLS, AND EQUIPMENT..........:....::......5 A. GENERAL POLICY.. ......... ; ...... i ......... z ........................................ ......... 51 B. AFFECTED EMPLOYEE* .- �..-.........,..,. ..... . / ..... ........... .......................... .... ............ 5 CPERSONAL PROTECTIVE EQUIPMENT........ ...... ....... .................................... os..—m ............ S ............ D. EMPLOYEE RESPONSIBILITIES ... ......... ....... ........................ 5 E. CITY RESPONSIBILITIES ...-../ ........... .................. ............... ................................ 6 ARTICLE VIII - HOURS OFWDRWOVERTIME..............................................................6 A HouRSbF WORK DEFIN D ............................ ! ............ a .......... ....... ............. 6 & OVERTIME/COMPENSATORY TIME ..... ...... .......... . .......... 1. Paid Overtime,..'', ............. ............................... ................... o­ ...... ..................... . ................. 2. Compensatory Tim/. . . . . . . . . . . . . . . o ; . . ............i - .................... ...... - ... 7 ,3. Court Time ..,—.... ..................I ..I ....... aCourt Standb7..........w.................... . 7 bc66rt.Ap'peav68e­ ............ .............. 7 4. HolidgqsWo ed .... ......... .......... ......... .............................................................. C. 4/10 Wbkk SCHEDULE DEFINED ............ .......................................................................... D. STANDBY. -; ..............................a......::....:..... :....::,. ...:.:.. ..... .......... 8 ARTICLE I)(,- 141EALTH AND OTHER INSURANCE BENEFITS .......... ............. ;s ...... 8 A. HEALfq .................................... 4- ................................ o ... ..................................... 8 1. CaIpEkS PEMHCA ................................................................... ........................................... 9 .......... MSMAMOU FINAL 2011- 2013 HB -103- Item 6. - 46 UNDERSTANDINGMARINE SAFETY OFFICERS' ASSOCIATION TABLE OF CONTENTS .g b. Termination .,of -Participation in th - e CaIPERS PEMHCA. Program. J Impact to Retirees .......10 a. Refire a 6nd/or_Anfiuitant C6veiraige...ow ...................................... .. /­_ 12 .............. / ............................................... ......... 4�,Medical Insurance for Retirees .................... X ............... 14 B-., PUBLIC EMPLOYEES'. RETIREMENT SYS REIMBURSEMENT AND REPORTING'.; ................. 14 C. HEALTH SAVINGS ACCOUNT FOR POS4 RETIREMENT MEDICAL,BENEFITS ........ ................. 15 7T� 1EM /1R I' * ............................... E. BEREAVEMENT LEALE ARTICLE XIII - MISCELLANEOUS ---..~~.~-~...~...-'~~'...'_-'~..~.--'~~._~~.~. 17 A. SALARY UPON ........ ........................................................... =_......... 17 B. PHYSICAL ExAM|N/TlON8—.'....................................................... ........................ ......... ^`'17 C. CONDITIONING TIME ............................... -----........ .............. ............................. '1� | MARINE SAFETY OFFICERS' ASSOCIATION, 20,11- 2413 MEMORANDUM _t3F UNDERSTANDING. TABLET CONTENTS D. 1,500 HOUR RECURRENT EMPLOYEES _ .. 18 E.- COLLECTION OF: PAYROLL.OVERPAYMENTS ...........c:..... ...:::.:.......... d .............. 18' q F. GRIEVANCE HEARING COST SHARING ... ••• _ . . G. PERSONNEL RULE 19 MbwldATION ..... , ..::.:. .......... :...... ............ .. ... 19 H. UPDATE EMPLOYEE=EMPLOYER RELATIONS RESOLUTION.(EERR) ....... ......... :............... 1.9 f: MODIFIED RETURN TO WC?RK POLICY .... ...... .. 19 J. CONTROLLED SUBSTANCE AND ALCOHOL TESTING x 19 ..:: ...... ......... . ARTICLE 1V =CITY COUNCIL APPRC8!(AI.................................................................20. EXHIBIT A.-, MSMA SALARY.SCIiEDULE:...................................1 ................ ...... EXHIBIT B - SERVICE CREDIT SUBSIDY'PLAN. .... ;: 22 _. EXHIBIT C MODIFICATIONS,. T0-EMPLOYEE EMPLOYED RELATIONS RESOLU1®N..... ..:25 EXHIBIT D - M.OD1FICATIC)NS Tf ,FER5, 10- EL RULE, 99 :.. ...... ................ ......21' EXHIBIT E-VOLUNTARY'CATASTROPHIC LEAVE DPJNATIOI PIt�OGI f ..: ..::3Q MSMA MOU FINAL2011-.2013: ill xB -105- Item 6. - 48 MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) and H E HUNTINGTON BEACH MARINE SAFETY MANAGEMENT �40CIATION (Hereinafter called ORGANIZATION or MSM }. PREAMBLE WHEREAS, pursuant to California law, the City and/the _ representatives of the Association; a duly recognized employee association, have met and conferred in :good faith and reached a ful,1 agreement concerning wages; hours; and other terrilsi and conditions of employment. , WHEREAS, except as otherwise: expressly this Agreement shall apply to all employees WHEREAS, the representatives of the agreements to writing, NOW THEREFORE, this Memorand October 1,, 2011, and it is agreed .as f herein, all terms and conditions of :d by the Association, and' and Association desire to reduce their Understanding is made, to become effective I - TERM OF MOU This Memorandum of Unders e-pding shall, be in effect for a term commencing on October 1, 2011 and ending at raid ight on September 30, 2013. No further improvements or changes. in the salaries d monetary benefits of the employees represented by the. Association shall take effect during the term of this agreement and the Association expressly waives any►1ight to request any improvements or changes in* salaries or monetary benefits fo'the employees represented by the. Association which would take effect prior to Ober 1, 2013, and the City of Huntington Beach, through its - representatives, shall not be required to meet and confer as tc any such request.. MSMA MOU FINAL 2011- 2013 Item 6. - 49 FIB -106- MARINE. SAFETY- MANAGEMENT ASSOCIATION ARTICLE, 11 - REPRESENTATIONAL UNITICLASSIFICATIONS It is recognizedthat. the Marine Safety Management Association is the -,employee organization, which has the right to meet :'and confer. in g6odfaith with th'O'Cityon. '"behIf. a - _ of'the employees of the Huntington; 'Beath.CO'mmunity Service's Department -'within the, following c'lbs§ifidati6n'and ,cissichth�* assignment Marine: Safety Lieutenant Marine Safety Officer.11 Marine e Safety Officer I ARTICLE III = MANAGEMENTRIGHTQ The parties e that the City has'th6 right to unilaterally' make debisioht On all maftejr��' p&pgre outside the 'scope of. bargain jog, F.urthermore ' except ase'ex-pres s-1yabdoged, or modifi d' hereini, the City retains all fights, powers and authority�xwit, -,*respect the'managpMent, -'k and l� diee&i6rt of the. performance of marine §afbty�, brvices : and the, " "' pei.,pirm, Sw6r forces perfprming,,suph service 's obligation, services, that nothing herein shall c ange,,the City hj to meet .aria confer as.-to,,'the effects: of. any such management decision Upon wa ges,, hours and t dconditions of e rn6nt,,,6"i be, construed as-, h' 'Director 4r�� terms: -and ' ,m oy ,or the City. the -right to make unilbt , eral,changes4n,wages, hours; and.lerms�,and conditions.. of employment. Such �,rights include, butacre not limited to consideration of the rrterits, necessity, leyo I or orga h zatioh� 6 f City ,y services„ including establishing manning, requirements,:, overtime,. assignments, nuffi'ber and location of work stations;- na-Wre, of work to be, performed; contracting for any work or operation, reasonable 6moloyqe: pqftrmanoe stapdards', including re 'son and regulations in. able work and slafetVrules order to rylaihtaih. the efficiency and, economy desirable flior, the, performance, of City services, The parties agfee to di(det and confer during', the- term cif thisagreement on revisions., changes,, modifications and' additions, to,. the: Personnel Rules and/or Qe0a,rtrneht Rul 00 when re uest-ed by City ARTICLE RTI'CILE IV v�TEXISTINGIC6,f4l)lTi',Ci.-N-8�,'t)F EMPLOYMENT /* Excebt, as otherwise expresslvt-r)rovlded,_hereintheI ;adoption,of this Memorandum of , Understanding' shall/not :change a'n'ge existing benefits and terms r arid Conditions: of ave, eenUnderstanding between 0Tplbyh*nt,whidh h Ostablish6d iri,:r)rior� Membrand,A 6f-,, City and, the Assq.60tion, ATITICLEV - SALARY Employees shall be compensated at rates by classifibation'title` and , salary range during, 1h6 term rm the. Aareement as set out in Exhibit A attached hereto and incorporated.. herein. IVISMA MOU FINAL 20111- 2013 2 HB -107- Item 6. - 50 MARINE SAFETY MANAGEMENT ASSOCIATION A. Wage Increases Thereare no scheduled wage increases for the term,of the ARTICLE - VI SPECIAL PAY A. Education Incentive Pay Employees who possess a degree from an accredited/college shall be eligible to receive education incentive pay as follows* 1, Bachelor's ,De9ree thrqe, percent 0%.) above. -thIe',base hourly: rate. 2. Associate's. Degree = two percent (2,0/ above rate: en ab.. , the b , as�e hourly 3. The maximum educationn incentive shall be three percent (3%), 4. All -current employees who do not -osse - s9 t4 e degrees listed above shallcontinue to receive the educatioa incentive- pay iheffect as of Septdmbpr 19. -2005. Such pay shall not increase unless any employee obtains one of the.,degree&. tis,ted' above. In the -event an em_Oloyeeobtains-an Associate' s s or Bachelor's degr6e;, only the special pay in #1 or Q. above. -shall apply and the ,following. Educati.on, Incentive. Level Plan shall no lonaer/aDDIV- Education Maicirnuhi. ContipUingpducation Incentive College Traini69' Years of �College Units' Monthly Level Units Points Points Service- Required ArihUally Amount_ 1 30. /10 1 6 2 60 20 2 3 75 3 90. 30 2 3 4 tn 3 3 150 5 150/ 4 0 150 5. Employees, hired, after September 19, 2005 who do not possess a Bachelor's or an Associate's d ree: shall not be eligible for education incentive pay ,until a degree is attaine'd. Er oS MSMA MOU FINAL 2011- 2013 3 Item 6. - 51 HB -108- MARINE SAFETY MANAGEMENT ASSOCIATION B. Acting Assignment. Pay When formally assigned, to perform in an acting capacity in the. absence of the Marine Safety Chief; a Marine Safety Lieutenant shall be compensated.for each full hour- worked at the rate of twelve and one-half percent (f12 %?/o), of the employee's base hourly rate of pay: 2. Aiming Chief selection shall be made at the discretion of thi Department Head or.. designee and seniori will not be the controlling criteria. 9 ty �� � 9 C: Certificatian .Pay 1. Marine Safety Officer ll (MSO , II) Employees classified as MSO II shall receive five Percent (5°/Q) above theirbase hourly rate for rriain#aining active -certification in all of the following: SCUBA/Rescue, ICS (Incident Command System) 100 and 200; Instructor 1A and 1 B;_.SCUBA/Dry Suit, anal Instructor Emergency Response Red Cross. 2. Marine Safety Lieutenant Employees classified as Marine Safety Lieutenant, shall receive five percent- (5%) above thembase hourly rate for maintaining active certification in all of the following�" ICS (Incident Command System) 300; Command 1A.and 1:15; and Management 1. D. Holiday Pay -In -Lieu In addition to regular compensation, employees shall receive, each month, one -twelfth (;1 /12) of the total holiday hours (80) earned for the year: Employees shall be entitled to an additional eight (8)`hours of pay at their regular rate for any day declared by the President of the United States to be a national holiday, or any day declared by the: Governor of the State oalifornia to be a state holiday, if such days adopted by the City Council_ of the City:of Huntington ,'Beach as a special holiday for City employees (i.e., day of mourning) 1. Holidays Specified - The holidays governed by this MOU are listed below. New Yecirs Day o Martin Euther King_ Holiday • Presidents Day ® Memorial Day • Independence Day La, or Day o/Veteran's Day Thanksgiving Day 0 Day After Thanksgiving o Christmas Day MSMA MOU FINAL 2011- 2013 4 , xB -109- Item 6. - 52 MARINE SAFETY MANAGEMENT ASSOCIATION E. Bilinnual Skill Employees who are approved by their- Department Head- to use their bilingual abilities. as part of their job assignment shall be paid an additional five.percent (5%) above their base hourly rate. Said employees must be tested and be certlfiedby the Human Resources Director or designee as to their language proficiency in order to:be eligible. for said compensation. Eligibility for .bilingual pay' shall be limited"�' to the following languages: Spanish, Vietnamese, French, German, Japanese andAgn language. F: Effective Date of Special Pav All special pay shall be _ effective the first full pay verification as approved by the Department Head or G. No Pyramiding of Special Pay Each special pay that is a. percentage of base the value of any other special pay. H. Repotting to PERS Pursuant" to state law and 'regulations,. shall be reported to the California Publ as special compensation. ARTICLE'VII. -UNIFORMS, C A. General Policy owing certification and pay shall not be counted towards pensation paid as a result of this Article nployees' Retirement System (CalPERS) ING, TOOLS AND EQUIPMENT The City provides uniforms to)mployees on active duty who are required to- wear a. standard uniform for appearance; uniformity, and public recognition purposes. B. Affected Employees All employees shall wear a, standard Cityy uniform, as provided ,in the City of Huntington Beach Community Services Department General Order 111. The Department Head �shall determine which employees must' wear a, uniform.. C. Personal Protect i, E ui ment Q p All personal. protective equipment shall be provided based on employee safety needs for the performance of duties as approved by the Department Head. 1. To wear a clean and complete. uniform as required. MSNIA MOU FINAL 2011-2013 5 Item 6. - 53 HB -110- MARINE SAFETY MANAGEMENT ASSOCIATION 2. Uniform appearance shall be worn with pride . in appearance to,tfie� public,V6, shirt. OLMOhedl shirt tail tuck6gl.in,, etc, 8. To wash and provid'e,miihimurn repair i.e., buttons,, small tears., etc. 4. To,notwearth&_unifbrm for other than City duties or work. 5. Tonotify supervisor of the need 'to replace due todisi producing'an undesirable appearance.. 6. 'To turn in,. all` uniform: com ents including components, employrtient. 7. Tojurn in. all personal protective, -equipment upon 8. To, wear all personal. s6nal'e equipment t pres,( and/or Supervisor of 'the division. on. E. City Responsibilities, )rsevere staining Upol.separation fro n' from employment.. th - id b � officer I— ­ y '6 City ;sa-fpty.of. licer 1. To provide — --f -required;uniforrgs'. Q or pay or 2. The City Will .report: to CalPERSjfhd average ge annual cost ;of uniforrhs for each in accordance I *:'iAAth-Title1.2, California erhploy6b,as, special cornophsation I Code of Regulations, -Section 571(a)(5)". For. employees who: are not. required 'to wear a unifo, 0 0 'fib not actively ern'plo�ed for 8 uniform on a daily basis who a h entire payroll calendar year,,p prorpted: cost of uniforms shall apply. A. Hours of A I - HOURS . OF WOR_K/OVERTIME For purposes of this" article, talculating overtime; approved. vacation, , sick leave :and coml)6fisato(ytime shall count as hours worked: 1. Paid Overtime a' Overtime is defined as one and one half (1 112) times' the employee's regular, /rate of pay,fo-r all' -time. worked in'rexcess­ of their scheduled I Work shift. b. Regular rate of pay is defined as the employed's. base hourly. rate. of pay plus their eligible:,special pays.. MSMAMOU FINAL 2011- 2613 HB-111- Item 6. - 54 MARINE SAFETY MANAGEMENT ASSOCIATION { 1 � 2. Compensatory Time Employees may elect to receive compensatory time off that'may be earned to a maximum of one hundred twenty (120) hours in lieu of such overtime pay. Employees may convert up .to sixty (60) hours of compensatory time to cash at the employee's regular rate of pay once per calendar year.j, 3. Court Time. a. Court Standby Employees required to'be on standby fora court appearance during other than. their scheduled working hours shall receive a. minimum of two (2) flours their regular rate -of pay for each morning and afternoon courtsessions. b. Court Appearance Employees required to app working hours shall receive a 4. Holidays Worked. n court during other than their scheduled num of three (3) hours at the overtime rate: Employees who work on ,the. following holidays shall be compensated at the - overtime rate for all hours,worked: 1. New Years Day 2. Martin Luther KingYHolic 3. Presidents Day 4. Memorial Day -✓ 5. Independence'Day 6. Labor Day / 7. Veteran's. Day 8. Thanksgiving Day 9, Day After Thanksgiving 10. Christn4as Day �a .i t i MSMA MOU FINAL 2011- 2013 7 Item 6. - 55 xB -112- MARINE SAFETY MANAGEMENT ASSOCIATION C. 4/10 Work Schedule Defined The 4/10 work schedule shall be defined as working, four (4) days, ten (10) hours .per day, for" a total of forty (40) Clout's -per week. , ;1 The 4/10 work schedule is designed. to be in compliance with the requireme is of the Fair Labor Standards Act (FLSA);, All employees . on the 4/10 work schedule are subject to be called to work any time to meet any and all emergencies or, unusual conditions which, in. the opinion of the City Administrator; Comrnunity Services Department Director or their designee; may require such service from any of said employees: i D. Standby An ,employee who is authorized to. be ion standby status ,by their Supervisor shall be compensated two (2) hours at the overtime, rate for ,each eight (8) hour standby . period, or any. part thereof. A Supervisor _shall notify an available employee; in advance, of the need to be on standby status. , ARTICLE IX - HEALT14 AiNT),OTHER 0�_RANCE BENEFITS A. Health The City shall continue to make availab group medical, dental and vision'benefits to all association employees: The effective date for medical, dental and vision coverage is the first of the month following dat of -hire. Effective the first of the month following the employee's date -of hire, any re wired employee payroll deduction shall begin with the first full :pay period followingihe effective date of coverage and shall continue through the end of the .monthAn which the employee separates, unless otherwise precluded by CalPERS PEM.COHA. All employee contributions shall be deducted -on a pre-tax basis. j A copy of the medical Human Resources Of. 1. and vision plan brochures may be obtained from the W. I RA_ The City presently contracts with CalPERS to provide medical coverage. The City/is required under CaIPERS PEMHCA to make a contribution: to, retiree medical premiums. A retiree's right to receive a City contribution, -'and the City's obligation to make payment on behalf of retirees,, shall only exist as long as the City contracts with CaIPERS for medical insurance. 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. MSMA IMflOU FINAL 2011- 2013 8 HB -113- Item 6. - 56 MARINE SAFETY MANAGEMENT ASSOCIATION a. PEMHCA Emolover Contributions The City shall contribute on behalf of each employee, minimum sum as required per month toward the paymenti medical insurance under the PEMHCA program: Ai' minimum, is increased, the City shall mak0l the appropriate decreasing its flex benefits contribution accordingly, as following sub -section: b. Maxim F1 the mandated if premiums for the mandated adjustments by defined in the For the term of this agreement, the City's;aximum monthly employer contribution for each employee's medical and vision insurance premiums are set. forth as follows: Effective January, 1; 2012, the/City Contribution shall remain at, the same level -as the Employer�Vlonthly Contribution for all medical and vision plans as of January, 1,1 2011. This shall :be the sum, of the participating Orange County Blue Shield HMO-PEMHCA Plan plus the.VSP Vision Plan premiums for each of the.following categories: a. Employee o Iy ("EE") b. Employee '-one dependent ("EE" + 1) C. Employee + two or more dependents ("EE" + 2) , The maxim_ City Contribution shall be based on, the employee's, enrollment in each plan. The parties agree that the required PEMHC , contribution is included in this sum `stated :in the sub- section,/above._ If the employee enrolls in. a plan wherein the costs exceed the City Contribution, the -employee is responsible =far all additional premiums -through pre-tax payroll deductions. ii. Effective January 1, 2013, the City Contribution in each category shall not increase. Any increase in premiums. above. the 2012 uContribution Cap will be the responsibility of the employee.. iii. In the event the. Orange.County Blue.Shield.HMO Plan is no longer a PEMCHA option, the City's contribution for 2012 and, 2013 'shall, not .increase. MSMA MOU FINAL 2011- 2013 M Item 6. - 57 xB -114- MARINE SAFETY MANAGEMENT ASSOCIATION 2. Dental Insurance The annual, maximum benefit, for the Delta Dental PPO plan is $2000, (twoa . thousn . d. dollars). a. Effectiv.6, Jaihui-ary 1,, 2012, the Maximum' City Contribution 9'hall be equ I ivalerifjofhe� prem ium f . or the, De Ita Dental . PP " 0 plan -based on the. erhployee's enrollment of employee only ('EF), employee plus. one dependent ("EE+V):O'r- employeepIus two- or more dependbhts'(4EE+2-) as ;reflected ,in the Employer Monthly Contribution rates for January- 1; .2011:. b. Effective January, 1 2013, the City Contribution §halFhot increase. Itshall remain at the same contribution level as J6nUary`1 ­`,kl 2 3. Retiree l nnuitah4CoVetAOe As, required by the, Government Code, retired, emplbyees (annuitants), shall have available the ability, to participate, in the PEMHCA ptbgtam.� The Cit,'�-- requi , rement to provide retirees -and/or jaiyi," itah , ts medical 'coverage is solely governed bythe, Government Code that requires l,the City to extend Ahis benefit ,to retirees (annuitants). While- the (,/Ci y is contracted with CaIPERS to participate, in the PEMHCA prodram,�Call?ERS. shall'be the, sole determiner of eligibility4or retiree and/orannuitarltito participate: ilh,`th6'PEM,HCA prog"ram. a. C .As provided Government Code and . the, C 1 6 IPERS. Board- and _ by the /_ , , - _-, the requested,. by the Association the City: shall. use � the Unequal Contribution Methodtomake C,icoi ibutio-n-s on behalf -.'of each retir ee rele.brannulan,t. The, starting year fr the he, unequal , ual contributions: I -method I is 2004 at .$ 1 1 .0 0 per, thdrith. TheCity contribution for each annuitant shall be increased annually by fivib percent (5%) of the. monthly contribution- for P-mplOye'eS, until such time as the, contributions are. equal., TheService, Credit Subsidy Wil[ be' red,6i'ded every J6'nuaby 1's'- by an amount.equal to any required amount to be paid'by,the- City on behalf of the retired, (annuitant)- The City shall make, these payments only while' the City is,* a participant i I pant in the .PEMt,4CA Orogram. b'.1 Teftination of The City'S.r requirement' "Ito prbvide retirees (ahnuita(annuitants), medical 'coverage `is' solely governed by the Government Code., requirement. that PEMHCA- agencies extend. this benefit to retirees (annuitants). If' by.agreement between - ther Association and the City or if the, City elects to impose MSMA MO'U FINAL 2011- 21113- 10 HB -115- Item 6. - 58 MARINE SAFETY MANAGEMENT ASSOCIATION termination of its participation in the PEMHCA program,,. retirees (annuitants) shall no I longer I be e- 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 2060-123 Exhibit D to the Memorandum of. Understanding shall be reinstated. The: City shall make 'any necessary modifibations.,-to cdhfoem to, the new City sponsored medical insurance -plan.. 4. Additional ,C - osts for Participation in the PEMHCA program. a.. Retiree and/or Annuitant Coverage The Association - shall pay to the. City an amount e-quail td,.$l.GO permonth .f for each additional retiree and/or annuitant in thedtargaining unit who, elects to participate in the PEMHCA plan but is n participating in the City sponsored retiree "medical program as -of thebeginning ofa 0aypedod -after the PEMHCA program is in place., Each January 1st the amount per month paid to the City for each retiree d .and/or annuitant described above ove� shall increase by :the amount PEMHCA requires the. City ty to Pay on behalf/6f'each retiree: (annuitant), Article IXA.3.a. provides an' example of expected p- retiree or payments per ret annuitant per month. In the, event of passage of Stdte Legislation, Judicial, Ruliogs, or CaIPERSt ,Board Actions that increases the mandatory minimum monthly- contribution for, retirees, (annuitants), the. Association shall pay ann` equal amount to the' City. Pa_ymentsshall be m d the first of the month, (following implementation). If, the. Association fails 6 make timely payments for two. consecutive months, the CRY shall implement - a decrease in the-supp!ernbrital b'enefit contribution. to health: ifisUrah 'e for each employee M _0 unit-ernpjoy p by an �a ount:equal to the total increased cost/paid by the City. [For example.. if- increased cost for retirees equals .$6,000 per year, the 'monthly supplemental benefitfoe each employee wl f be, decreased as follows: $6,000 divided. by twelve (months) $500 which - is then divided by the number of employees re ceiving ng sup plemental behbfits. .The /tity: and Association may each request termination of the City's .nirr. co.tactwith CaIPERS after the announcement State Legislation, Judicial RLilings, or a CalPERS Board Action that changes the employer's contHbution, insurance pre . miums or program changesto the CalPERS medical plan. MSMA MOU FINAL 2011- 2013 11 Item 6. - 59 HB -116- MARINE SAFETY. MANAGEMENT ASSOCIATION The City and_ -Association may elect: to terminate its participation in the CaIPERS PEMHcA program, by mutual ual agreement -through the,,meet and confer process between the Association and the City. B. Medical Cash-0ut. If an eMD16vee is ,covered by a'medical program outside Hof a City -provided program (evidence, must be supplied to- the Human, Resources Department, they I may av elect,to",discontinue "Citvrri6dical coveracie, and receive,/ninety tW6doll6rs and - - ., . deposit. __ ­­ I - �_y 231.) bi-weekly to deposit, into. their./Deferred Compensation thirty-one cents �' OF account or, any "other pjrqkaxIJi6gram. -offered; by the City, so long as: the contribution is in accordan ce with applicable I regulations. ,pjibable internal Revenul e Code regul. 1 6 An employeei may elect-: to discontinue vision coverbge,. The employee pterriiurri paid 'foe vision` coverage will be a'pplib,d tow6 . W f medical C" Ia, jpremium,'unless the 7_ , employee.opts out:,of the Citmedical plan (in'which case the employee will not receive the cash benefit).. C., _Section 1 , 25'Employee. Plan. The City: Shall provide, an Internal allowsemployees to, use pre4 dependent care .'and/or unreilYfb Internal Revenue Code., D. Life Rdvenue Code section- rnP ye 125.elo 6:016n that a I x salary to pay for regular childcare,, adult (§ed medical ekbens6s as determined by the ent:(AD&D' The City Will'provide fifty thousand dollars ($50 000),of term lif6insurance-and fifty y. thousand dollarsOV,00,0) of AD&D, insurance I coverage for each employee at the ''it., without evidence of insurability other than evidence of. full time _C , h, - I Y $ COS i V' A employment��Ptus..­ Optional insurance is available at -the employee'S'own cost.. WISMA MOU FINAL 2011- 2013 12 HB - 117- Item 6. - 60 MARINE SAFETY MANAGEMENT -ASSOCIATION E. Long Term Disability Insurance 1. The existing long-term disability program provided to employees by the City shall remain in effect. The existing long-term. disability program: has a sixty (60) calendar day qualifying period. After the sixty (60) calendar/day qualifying Period', the employee will. be covered by.an insurance plan paid for by the,City which will provide 66 2/3% of the employee's salary rate (excluding overtime and :any special pay). up to..a maximum of $10,000 a month in accordance with. the following: 7 Disability Due to Accident r``Disability-Due to Illness° First 60 Days s Regular Pay' Regular Pay' Next24'Months 66 2/3% of Base Pay"I 66 2/3%:of'Base.Pa To age 65 66 2/3%-of.Base Pa. None Days and months refer to 2. The. LTD Plan is -integrated .with Wo other non. -private program benefits to ndar days and. months ' Compensation, Social Security `and h entitled. 3. Disability is defined as the inability to perform all of the duties of the;employee's regular occupation during two (2),years and thereafter the inability to engage in any employment or occupation for which he/she is fitted by reason of education, training or experience. 4. The LTD Plan provides: fo.r a Survivors' benefit payment for three. (3) months. beyond the employee'seath. 5. The. terms and conditions of the disability insurance coverage are:set forth in the -policy, a copy of which is on file in the Human Resources Division office. In the event of any�onflict between the,. policy and this article, the policy shall control. The City may change insurance companies; policies,,- or self4risure this benefit, provided that the plans shall remain comparable to that currently in effect. ' Please note that Article XI Section C. Sick, Leave Compensation provides up to sixty (60) calendar days paid sick leave per incident or illness. MSMA MOU FINAL:2011- 2013 u Item 6. - 61 xB -118- MARINE SAFETY MANAGEMENT ASSOCIATION ARTICLE X­ RETIREMENT A. Benefits 1. Public Employees' Retirement System. ra The City shall provide,: the 3% c Age- 50' retirement formula set forth ,ifi Ca0bmia, Government Code Section 21362.2 for all safety employees represented by the Association Z., Self -Funded _Supplemental Retirement Benefit In the event an employee elects Option 41, Option #2, #2W,,. Opfion 48, 43W or Option #4 Of the-r P61546 ErfiD Law and t 1"'' —'a',unit, .�Ioyqes' Retirement, PMPJWPP�Ils -.1 1 - employee who was 'hired before' November 2, 1 . 998, the City shall pay the difference between such elected option and theunmodified 'allowance -which, thei:, emplo ewould have received for hi's or her `life a on'e provided California: ye as p ided,fti Califo 2i �1-2-14'58"as said - referenced, Government ,Code Sections 21455' 1456, 2 , �457j and Goverment Code sections exist as of the date of this agreement 'This payment shall be, made only, to. the employee, ;shall b6, payable, by the City during the life of the employee, and upon that emp16yee's4deathj�._th6, City's obligation shall - 1, cease. The method of funding for this _b6hefit 'Ahall be at the sole, di§drbti6h:,6fAhe City. e This benefit is vested for employees" hired before November 2, 19981. All unit` employees- hired on or after NoviarrIber 2, 1998 shall not be eligible for this, beniefit. M 13 R Merfters of, the City's saf&jyfretirernent plan shallbe covered bythe Fourth Level . of, the, 1959 Survivor Benefit' Alsrequired blythe"ent.COde, whilethe City is contracted with CalPEK8 to ,,/PIVIH . Gov 'CA program,retired emplo es (annuitants) s participate in the Eye hall have available the ability to participate "in the PubficEmploye#s' Medical -and Hospital Care ct (PEMHCA) Depart Cal*PRS shall be the sole "determiner ofeligibility. for retiAree,(phnuitant) o participate in tEhe PEMHCA program. i employee covered by this agreement shall, be reimbursed an, amourit'not'to red nine percent (9%) of file employee's base salary plus,educatiton'incentive as pickup of a portion of each employee's C81PERS contribution. The above MSMA MOU FINAL 2011- 2013 14 HB -119- Item 6. - 62 CW Al MARINE SAFETY MANAGEMENT ASSOCIATION Ca1PERS pickup is not base salary but is done pursuant to Section 414(fyj(2) of the` Internal Revenue Code. a) Each employee covered by this agreement shall contribute 5.5OXA6wards the employee share of CalPERS effective the pay period beginning' ctober 1, 2011, through and including the:end of the pay'period that includes September 30,2012: b) Each .employee covered. by this agreement shall_ contribute 6. 5% towards the. employeo.shareof CAPERS effective the beginning of the pay period that includesOctober 1, 2012, and thereafter. The City shall implement a voluntary health ,savingsl ccoUnt plan-during"the term of the agreement for the purpose of allowing employees the opportunity to. -fund_ post medical retirement health premiums. The City provides its safety employees Benefit. ARTICLE XI - LEAVE BENEFITS Optional Settlement _2- Death A. Vacation: The purpose of annual vacation/is to provide a rest period, which will enable each employee to return to work physically and mentally refreshed. 1. Accrual: Employees inCity service, having an average workweek of forty (40) hours (full time), shall accrue annual vacations with pay in accordance with time following: 91 Years of Service Vacation Allowance Firstrthrou 'h Fourth Year 112 hours Fifth through Ninth Year 136 hours Tenth through. Fourteenth Year 160 hours` /Fifteenth Year and Thereafter 192. hours purpose of computing vacation, an employee's anniversary date shall be st recent date on which he/she commenced full-time City employment. b. Fermanent, part-time employees assigned a work schedule, of less than thirty ,(30) hours but more than twenty (20) hours per week shall receive vacation in one-half the amounts set forth above.. Employees assigned to a workweek of MSMA MOU FINAL 2011- 2013 15 Item 6. - 63 HB - 1 20- MARINE SAFETY MANAGEMENT ASSOCIATION. ,less, than forty. (40) and more -than thirty (30) hours per week "shM.,l. -receive vadatiorvimthree46urths' (3/4) the amounts set 6rth above. q No employee;,;shall be,, Pert'hift6d to take a vacation in excess of actual time _- ­1 1 0 excess - I I actual r, - time. — earned and -vacation shall not be accrued �in excess of three hundred� twenty, 2 2 Vacations shall be tAkonL only with permission of the- Department Head*' however; the �Oepattrrient he . ad shall I schedule all Va tions, 'With 'due ,consideration for -the -wish of:the: ,employee and particular regard -for the.,need of Ah'e-departm6rit. 7 �3. ConversionitqCash An..employ :employee may elect I . ect . to take up to eighty y (80) hours of pa'y per fiscal . year for � I I accrued vacation ih�, lieu of time off. �'lt is the intent of the, parties that emplo.yees Will take Vacation duH64:the . fiscal year a. Pay-Offat Separation from Employment Upon separation fromi -employment the terminating: ati - ng: employee, shall receive. tno f fo unused, compensation at his/her current regular rate 6, pay r all d. 66rh6d vacation,, to which he/she is entitled ups to and, lincludingthe. effective date. of: his/her separation r from -:employment. 13: Sick Leave As of July 31, 1974 all,.sickleave accumulation upon termination and no additional'Airne will be a( approved bpr6vdd,:'sicK leave it doVemd, un'Yer Article-' IX,. E. C. Time ,Off for lhiUry or lllness. All employees shall be inju.ty'OT illness. This employees, may not cal city 0. Fami ititledto use up to. sixty (.60 t ive shall ho" accuMula te, or out unused, lFave upon,sep, frozen for purposes, of payoff hated.- Salary continuation for calendardayspaid leave per iaVey value .8n'- cash L'' JU' as. such , e ati.on of employm- ent from the 0 leave, H1 , b allowed lo As eMployees"d - hot accrue :sick, lea all employees wilt e use up to (sixty) 60. hours per calendar year for to care for a child, parent, spouse;: or, registered domestic "partner during illness: The City will provide family and medical care leave for eligible employees that meet all ty/ requirements' of State and Federal law. Rights and obligations are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act 7(FMLA)i and nd e Cal o the regulations f thiforh California; Fair Employm nt and Housing Commission f -m- . - I— I I - n', impleenting the Family Rights Act (CFRA), MSMA MOU FINAL 2011- 2013 16 HB -121- Item 6. - 64 MARINE SAFETY MANAGEMENT ASSOCIATION The City shall comply with all State and Federal leave: benefit.entibement-.laws. An employee on an approved leave shall be allowed to use paid sick leave and earned vacation, and/or compensatory time for'- the duration: of the approved leave. E. Bereavement Leave Employees are entitled to bereavement leave not to, exceed three. (3) working days per calendar year per incident of death in the immediate -family, Immediate family;'is= defined as father, mother, sister, brother,, spouse., registered domestic partner; children, grandfather, grandmother; stepfather, stepmother; stepgrandfather stepgrandmother, grandchildren, stepsisters; stepbrothers, Mother-in-law,. father -in - 'law, son -in law, daughter-in=law, brother-in-law, sister=inlaw,: stepchildren; or wards:of which the employee is the legal guardian. F. Deferred. Compensation/ Leave -Cash -Out 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, 1 G. Voli is Under certain conditions, ,employeesimay donate leave time to another- emploYee :in heed'. The program is outlined in Exhibit. E of this Memorandum of Understanding.. ARTICLE XII - CITY RULES All City Personnel Rules shall a ply to Association. members, however, to the exterit this; MOU modifies the: City's Person el Rules; the Personnel Rules as modified will apply to Association members. CLE XIII — MISCELLANEOUS_ A. When an appointment of a recurrent lifeguard to the classification of Marine Safety Officer occurs, /the salary step upon appointment shall be determined in the same manner as salary step upon promotions under the City's. Personnel Rules. B: Physical Examinations. The City` agrees to pay for bi-annual physical examinations, to include stress EKG, when authorized by the Department Head, with. the understanding that results thereof may be utilized for the determination of the employee's continued ability to perform MSMA MOU FINAL 2011- 2013 17 Item 6. - 65 HB -122- MARIN..SAFETY MANAGEMENT ASSOPIATIOV duties of' the position. A -copy of the physical, examination, shall be provided,'to the employee, upon his request. - C. Conditioning Time, Unit ernplo - __ be allowed u to'dne (1) hour,pa each r6gularly;s6hoduled, shiftyees may. to be used. for physical conditioning jr D. 1,500 Hour Recurrent Employees, The Association agrees to permit the City to implement a fifteed"hundred (1,%0) Work hour per year fo-r poh-H.1311VISMA. positions, spbjqpt to Official change inPersonnel Rules 5-24. E. Collection of. Payroll Overpayments In the event that a payroll over payment: i§,discovered ';and wrified,,and':&onsiderina 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, si.,Abh over ,payment; the, -City will lake action to collectftom the employee the amount of over pay'-m eht(s).$,ucfi ' collection shall beprocessed by payroll deduction over a reasonable: period of time consid6rind the. total amdunt'of over paym, /ent, F. ' In the event the employee separates from. employment during the, collection period, thef,iripl'Amouht shall be, d educte m the Jastpqyro_!l check of the employee. If deducted to applicable, the balance -due from the employee: shall be communicated. upon ,eMDIdVmeht separation if th& 189tx payroll chedk-db6shot sufficiently cover theamount ddathe,City. It shall, be the respo'nsibilit'-Y of the employee and theCity 'to periodically monitor the. 0I - accuracyof compensqion payments or- -reimbursements due to, the possibility .,of, a: cleiribal 'oversight orprror., The. City reserves the right to also cbIlect'compian'sation, over payments caused by or res r t 0 f misititerpeOtatiph,bf apay provision 'by ,np non - authorized result ;'of pe r slondel The: interpretation of � all pay provisions shal . 1,,be. administered by, the City. Administrator ordesignee. Unauthorized compensation payments shall not. constitute a-,pas't practice. , Gdevapce hearing costs -Shall be shared equally by the City, and the Association. The h.6 partie&agree that under I nocircumstaes shall the, grieVaftt(s)' be required . to, pay any ,part -I fthe arievance,,hearing costs. NISMAMOU FINAL.2011- 2013 18'i HB -123- Item 6. - 66 MARINE SAFETY MANAGEMENT ASSOCIATION G. Personnel Rule 19 Modification City and Association agree to implement Personnel Rule 19 rtiodif in Exhibit D attached hereto and incorporated by reference. H. Update Emplovee-Employer Relations Resolution (EERR). ns as, provided During the term of the Agreement, the City and the Association agree to meet and confer to update the: Employee -Employer Relations Resolution to reflect current state law. I. Modified Return to Work Policy J. The. City and, the Association agree: to meet?'arid confer during the te-rm-1. of the Agreement to establish a modified return to work policy for employees who experience industrial or non -industrial illness and/or injury. The City maintains the right to that it reasonably suspects is L in the workplace,, consistent Wit luct a test during working hours of any employee. the influence of alcohol or a controlled_ substance )artment policy. MSMA MOU FINAL 2011- 2013 Item 6. - 67 19 HB -124- 10 in IN By: En MARINE SAFETY 14A, NAGEMENT ASS-6CIA ON ARTICLE 'X[V'- CITYCOUWL APPROVAL It is the understanding, of the City 0d, the, Association' . fhaf,' this F 'UnderstandingI I '", is of no 1orce- or, affect whatsoever I , u ni ess -a nd until - I adopts of'the,City,C6'dhbiI of the City qf',HUhtingt6n! Beach.. IN WITNESS WHEREOF- the, parties hereto r have executed this P -A Urid6rst4ndin" this; day Of- 2011.. HUNTINGTON CITY OF HUNTINGTON BEACH I MARINE SAFETY M A C i 0 IA By: Z Fred A.-. Wilson Mikaartl6tt City Manager, p8ident MSMIA By. Paul Emery- Dep0tyCity Manager' micneie, L;arr Director of Human Resources Kyle Undo MarineSafety 'y Chief Jo Ann Diaz Negotiations Team -J/emu; Irma R6dngi Chief Neqoti B Mike Piowell- Business"Aqebt ,norandurn of by i esolution le6orandurn of Z I - Mike.Beulerl le r in Vice President - M SMA Eric 7 Di6terman N '' oti6iions Team Member ber APPROVE6:.-Ag TO FdRW By: Jilphnifer McGrath City Attorney MsMA MO'U FINAL 2011- 2013 20 HB -125- Item 6. - 68 MARINE SAFETY MANAGEMENT ASSOCIATION Effective October 1, 2011 — September 30 (originally effective 10/1108) Step Job Classification Range I A a C E) Code 0467 Marine Safety Officer 1 531 $5,342 /$5,635 $5,945 $6,1273 -$61,618. $30.82 a $I2.51 $34.30 $36.1$ $38.18,, $6,040,/ $6,382 $6-,7.34 $7.1,05 $7,401 0468 Marine Safety Officer 11 556 $3160, $36.82 $38.85 $40.99 $43.24 P,78 - 8 $7,160 $7,5541 $7,9170 1 $81408 0105 Marine Safety Lieutenant 579 1 ? 1 I y $3.9.16 1 $41.31 $43.58- $45-98 $48.51 MSMA MOU FINAL 2011- 2013 21 Item 6. - 69 HB -126- MARINE,SAFETY MANAGEMENT ASSOCIATION EXHIBIT B.— SERVICE 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-epayment 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 (16) years of continuous regular (permanent) City service oris granted an industrial disabilityret,er enf; 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, Califomia Public Employees' Retirement,Syst m (CAPERS). The Ciity's.obligation to pay the Service Credit Subsidy as iiidicated shall be. modified downward or cease during the lifetime of the retiree upon,the-occurrence of any one _of the following: a.. During any period the retired employee is eligible to receive or receives medical insurance coverage at the expense of ano3p,er employer, the payment will be suspended. "Another employer" as used: he -em means private employer or public employer or the employer of a espouse. As"a condition of being eligible to receive the Service Credit Subsidy as set�forth-.i this plan, the City shall have the -tight to require any retiree to annually'certify t at the retiree is not receiving or eligible to. receive any such medical :insurance q nefits from another employer. If it is later discovered that a. misrepresentation has. occurred,. the retiree will be responsible for reimbursement 9f�those' amounts inappropriately expended and! the retiree's eligibilityto receive fuSther benefits will, cease. b. On the first of- the month in�*hich a retiree or dependent reaches age sixty five (65) or on the date the retire or dependent can first. apply and become .eligible, automatically or volun , r y, for medical coverage under Medicare (whether or not such application is mde) the City's obligation to pay Service Credit Subsidy may be adjusted downward or eliminated, C. In the event of/the, death of an eligible employee, whether retired or not, the. amount of the S-ervice Credit Subsidy benefit. which the deceased employee was eligible for'9f the time of his/her death shall be paid to the surviving spouse or dependentAor 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. MSMA MOU FINAL 2011- 2013 22 xB -127- Item 6. - 70 MARINE SAFETY MANAGEMENT ASSOCIATION. EXHIBIT B — SERVICE CREDIT SUBSIDY PLAN To receive the Service Credit Subsidy retirees are required to purchase medical insurance from City, sponsored plans. The; City shall havethe right to0require•.any retiree (annuitant) to annually certify that the retiree is purchasing medical insurance. benefits. e 5. Disability Retirees .. Industrial disability retirees with less than ten (1 /)/years of service shall receive a maximum monthly payment toward the premium forfhealth in of .one: hundred twenty dollars ($120). Payments shall be, in accordance.with, the stipulations and conditions,t 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. 1 7. Maximum Monthly Service Credit Subsidy Payment- All retirees, including those retired as a result. of disabilityy whose number of years of service prior to retirement exceeds en., (10), continuous, years of regular (permanent) service shall be entitled to maximum monthly Service Credit Subsidy by the�eity for each year of completed .City service. as follows: / Maximum Service Credit Subsidy Retirements After: Service Credit Years of Se ice Subsidy 10 $ 120 11 135 `2 1.50 13 165 14 180 15 195 16 210 17 225 18 240 19 255 20 270 21 285 22 29.9 23 314 24 320 25 343 The Service Credit Subsidy will be reduced every January 15t by an amount equal to .any required -amount-to tie paid by the City on behalf of the retiree (annuitant): Article IX.A.3.a. provides,an example of expected reductions per retireeper month. MSMA MOU FINAL 2011- 2013 23 Item 6. - 71 HB -128- MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT B — SERVICE CREDIT SUBSIDY PLAN 9. Vedicare a. Ail persons are eligible -for Medicare- coverage at age si 'Xty-five (65). Those ,qUarters,bf Social Security receive with-icare at no cost:. Those withoutsufficient suffiPi0rit. tredited6' e: Part- �A of cient credited quar'4�rs/are still I eligib10 for M - di t 'ge sixty five (65)� but will, have: to pay f6i Part A of Medicare a a, 7 . " - Medic*6 if `h -_ d-' iddal 'elects to take I _1l/,cais_-es, th& the 400 Ivi n� 7a participaht:'pays: for Part:B of Medicare': b. When a retiree and his/her-;spo6se are both sixty-five"() ixty-five, (�5) or, -over and, neither is;.eligible for paid Part A?e , C ted'it Subsidy pf, Medicare, the Servq�d si, Y sha-11 pa' f6r PartA foi�68cfi- ofth' or the e rn*a 'b, -Whichever is Y. orn'. XIMUM Su less. C. When arretiree at',�age .sixty7five-(66)Es: eligible,fop paid Part A bf'Medicarel� and his/her spouse is not eligibierf6f pa . id Pa�ylx of Medicare - the spouse, j. y. When,zi retire - -'at ago 8! 6t .shallridt -'receive the�:subsjd_ is: n eljgibW,f6r paid Part A,of Medicare and,/her spouse` who , Js also age sixty-five. _(65) is eligible for paid Part A di I care�. the ,subsidy shall be, for the r6tifee"s, P rt A,ohly. 9. Cancellation a. For retirees/dependiahts. elig'ibo A for paid Part A of'Medicare, the following cancellation provisions apply'/ L Coverage for a- retiree under the Service, Credit Subsidy Plan Will b - 0 eliminated , o' n thi�4first day'd the month din: Which the: retiree reaches age;sixty-five (A ii. At agesixty'41v0 retirees are, eligible to rhake, application, for Medicare- -Upon I being considered "eligible to make application;" whether or application has b1derimad.e 'for -Medicare', th e,Sdfvice Credit Subsidy Plan will:be 61iminated. MSMA MOU FINAL 2011- 2013 24 HB -129- Item 6. - 72 MARINE SAFETY MANAGEMENT ASSOCIATION C — MODIFICATIONS TO EMPLOYEE -EMPLOYER RELATIONS RI A. Employer -Employee Relations Resolution 1. Modification of Section 7'- Decertification and Modification: a) The City and the Association desire. -to maintain labor stability within the representational unit to the greatest extent possible consistent with the employee's d ht`to select, the. representative of his or her own choosing: For thes6'. purposes, the parties agree; that' `this Agreement shall act as al bar to appropriateness of this .unit and the selection of the representative ofthis unit;, except during the month of August 1pdoi r to the" expiration of this Agreement. Changes in bargaining unit- shall not be effective` until expiration, of the MQU, except as may be determined by the Personner Commission pursuant to the procedures outlined below.. This. provision shall m' 6diN,and' supersede the, time: limits, where: inconsistent, contained in Section 7 of the current Employer- Employee Relations Resolu1.tion of the City of H� ntington .Beach: b) The: City; and the Association have .agreed to/a procedure whereby the City;, by. and through the Human Resources .Director, would be entitled to propose a Unit Modification. The Association and the City agree to jointly recommend al modification of the City of Huntington Beach Employer -Employee Relations - Resolution (Resolution Number 333�t;`) upon the. City's having completed its, obligation to meet and .confer on this. '§sue with all other bargaining units. The proposed change to the, E , player -Employee Relations Resolution is as. follows 7-3. Personnel :Direction Motion of Unit Modification. —Thell Human,° Resources Director may propose, d 'ring the same period for filing a Petition for Decertificaticin; that an established unit be modified in accordance, with the following procedure: 1) The Human Resour668 Director shall ,giVe written notice" _of the proposed Unit Modification of Modifications to all employee organizations that may be affected by the proposed/change: Said written notification shall contain the Human Resources Director rationale for the, proposed change including :all'information which justifies the change pursuant; to the criteria established in Section`&5_for appropriateness of Units. Additionally, the Human_ Resources _Director shall provide ally° =affected employee organizations with all correspondence, memoranda; and other documents which relate to any input re -aiding'the Unit Modification which may have" been received by. the City or from affected employees andlor sent by, the, City to affected employees; 2) Following receipt of the Human Resources Director 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 fer Unit Modification to the Personnel Commission; MASMflA MOU FINAL 2011- 2013 25 Item 6. - 73 HB -130- MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT C — MODIFICATIONS TO EMPLOYEE -EMPLOYER RELATIONS RESOLUTION, . 3} The Personnel Commission shall conduct a noticed Public &ring- regarding the Motion for Unit Modification at which time all ected employee organizationsand .other interested_ parties shall be h id. The Personnel, Commission shall make a determination .n Modification which determination may, include denying, of the motion, or other appropriate orc creation of Bargaining. Units, Following 1 determination of the composition of the appTO written notice. of such determination to all affecte gardin the_ : proposed Unit a Ming of the motion, a !r ' relating to the. appropriate e Personnel Commission`s ate Unit; or Units,, it, shall give employee' organizations; 4) Any party who chooses to -appea from the decision of the Personnel Commission is, entitled to appeal i` accordance with the provision of Section 144 of Resolution. Number 333 . B. During the term of -the agreemen ,the City and the Association agreeto update; the Employee -Employer FRelations pds lution to reflect current State law. IVISAAA MQU FINAL 2011- 2013 26 xB -131- Item 6. - 74 I MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT D — MODIFICATIONS TO PERSONNEL RULE 19-1. PURPOSE. The purpose of this rule is to provide 'a means by 'which grievances" of employees or employee organizations may be considered, discussed and resolved at the level closestto their point of origin. The grievance procedure. provided for in- this rule doesnot apply tothe rEvie.w:,of' employee disciplinary'matters which subject -is treated in. Rule 20:hereof. 1197-2. DEFINITION. For the purpose; of this rule, a griieypnqe is, a.disput&.c'ohc0,rhina the interpretation or application of any provision -of the,, city's Employer'.� Emplb e Relations. Resolution, or any provision of. this resolution, or any Employee I-. I provision - - �.. . I.- ­­ with departmental rule governing personnel practices or working conditions, with the, exception of matters excluded by $ectioh/l 9-3. 19-3. MATTERS EXCLUDED FROM GRIEVANCE PROCEbuikt'. The f6flowing subjects Are excluded from the dne*vance.pfocedure provided for herein: (a) The review of employee. disciplinary matters, which , is treated in Rule :20 hereof. (1))_-All matters subject -to impasseEmployer- procedure, provided in the Ern 1.yer- Employee _6o Relations,, Rospluti 19-4. SUBMISSION OF GRIEVANGES' Any individual employee br-recognized employee organization shall have the right to present, a- grievance. If two, (�) or more, employ6e4s have essentially the same - -grievance and, t6opr to the same supervisor,. �ey may,, and if requested- to do so by the, city,, must . jointly or collectively pregetitand pursue thei(griovance. If -a grievance is alleged by throe (3) or more employees, the group shall, ahhe request of the city, appoint one of such employees to sak for the pe gr p; 19-5. GRIEVANCE PROCEDURE. The grievance procedure shall consist, ofthe following steps, each of which must, be completed ON& to any request for further consideration, of the matter unless, otherwise provided herein: Step 1. Informal Discussion. (optional). If an :employee feels that he has a grievance; ( As defined in Section 19-2, he may request a meeting with. his immediate/supervisor within ten (10) days -after the employee becomes aware or reasonably should have become aware of the subject matter of the grievance. The immediate supervisor, within ten (10) days of such request, shall meet with the employee when so requested and discuss the grievance; in an effort to clarify the issue and' work toward: a cooperative settlement or of resolution the dispute. The immediate supervisor shall Present, verbally y all 6 1 r in w ting, his decision to the employee within ten (10) days from thetimeof the informal discussion. Step 2. Formal, Procedure. Immediate Supervisor. If the grievance is not settled through informil discussion, or if the. -employee , elects not to invoke his MSMA MOU FINAL 2011- 2013 27 Item 6. - 75 HB -132- MARINE SAFETY ASSOCIATI . . I I I �. - I ., " , ". .. I - 1, right to.-informaJ discussion, the employeemay formally submit,a grievance to his immediate, supervisor within ,t-dR (10) days following the, d e-cisid. n pursuant to informal discussion, or in the"eventthe employee does not'felect-to , invoke, his right to informal, discussion, Within ten '(10).dayslafter the oppurreh-ce Which gives rise to: the grievance- or, after the employee becomes'- aware or -,e.. reasonably should, have "been, aw;are of the subject Imatter of the grievance.. Such submission shall be l in Writing, stating the fiaturo'.of the gheVan66 and'a suggested. . �sol solution fe -st4dr6medy. Wit'hin-fe on or r 6y.s after receipt ...—NUP thd written grievance, thdAmmediatb supervisor, shall m/06it.with the employee.. Within ten '(1 0) OaVs, thereafter Written decision. shall; -be the immediate supervisor: Step .3. Department Head. Incases where the/department head' is, not the. imMedi6te 'supervisor, if, the,:,dri,dVande1 'is _h" . A �'e4l',d, Oridet- :Steb 2, the-, grievance may be presented to the: departme= ad. The grievance shall be su bm itted 'Wit h i h, ten t, ,(10.) days, after receipt of) hewritten decisioh.from-Stop.2-. Within ten (1 rep(10) days after receipt of the wriften grievance the dep rtmeht h.ba''d ofhis res'entative, shall, meet - VA d , - Ylth,e empl,8" yee an.. his. immediate supervisor, iVany. Within ten (10).'a ys thereafter written decision shall be,, givento. the employee, T h Step 4. CitV Manager. IVAN� grievance is, not settled 'under St6r) 3'., the grievance may be, presented t6' the City Manager anager in accordance with' the,, following, proceeduke- Within fi be (15) days after the- time, thedecision is rendered under Step 3:abo a`written staterrient.-r6f the, grieyance_ shall be, filed with the Human Reso rces Director Who shall act as hearing officer, and shall sqtth6`matter for- earin . 0 Within fifte-en,(15) days thereafter arid' shall � a, cause notice to .be sery. d upon all: interested ,'­ parties. The Human Resources.. Director' or hi- ntative�ssh'll hear the 4 attet'de hoV6,and' shall . make I I a M S repre recomme , rided findi- ' S,r conclusions ion's and decision ,in the form of a writteri,repo'rt, and recommendation to., the City Manager withihAen, (10) days following such - heating. The. Ci Mahader may, in' his discretion, receive- --' additidnal,evidence or: argument by seftihg,the matter for hearing withinJen (10),days following his receipt ofsuc report -arid causing notice of such, heladhdAb be served upon all interested 0,rti6s. ­.. pro - 4- - Within ten (10) days after receipt of report, or the hearing provided 6ra ided f above, if Ov 1., such hearing it set by the City Manager, the `City Mariager shall make written decision and cause such to be served upon the, employee or employee organizatiphl.and the Human Resources Director. 'tep 51 Personnel: Commission. , If, the grievance , is''hbt settled Under Step 4, it ,S maybe appealed to the- Personnel Commission for de novo hearing and final determination in,accordance with the following procedure: (a) 'Within ten (jo) days after, the time decision is rendered, under Step 4 above., a written statement of grievance shall be `filed With the Human MSMA MOU FINAL 2011-.2013 .218 HB -133- Item 6. - 76 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT D — MODIFICATIONS TO PERSONNEL RULE Resources Director. Such statement of grievance shall set forth in detail the nature of the grievance, the facts surrounding the subject matter of the grievance, the contentions of the employee and the proposedsolution or determination. (b) As soon as practicable thereafter, the Human Resources, Director shall set the matter for hearing before a hearing officer either selected by _mutual consent of the parties or from a list.provided by the.Personriel. 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 �f 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 bytmutual consent of the parties.. 19-6. SUPPLEMENTAL HEARING BY PE (a) The Commission may, in its sole report and recommendation of/h hearing for the purpose of/ecei the event the Commission sets Human Resources Director shall concerned in such matter. NNEL COMMISSION ®discretion, after it has received the written. e hearing officer, set the matter forprivate ving additional evidence or argument. In a private hearing for such purpose, the give written notice of such to all parties (b) The Corn mission,following a consideration of the hearing officer`s. written report and recommendation and deliberation thereon and any supplemental hearing before. the Commission, shall make findings, conclusions and decision which shall be final and binding on all parties and from which,there shall be no further appeal. 119-7. GRIEVANCE. DEPARTMENT HEAD. Any department head who has..a grievance may present it to the City Manager for determination. The City Manager shall render a written decision to said departmenthead within ten (10) days after such submission, which decision may be appealed by the department head to the Personnel Commission in accordance with. Step 5 of Section 19-5. MSMA MOU FINAL 2011- 2013 29 Item 6. - 77 xB -134- MARINE'SAFETY MANAGEMENT ASSOCIATION ,EXHIBIT E— VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Guidelines 1. Purpose The purpose of the voluntary'batastrophic leave donation pf-o'g'r` is to bridge employees who have � been approved leave time to either; retur' t.td. work,. long u tOrm-disability; or- medical retirement: Employees who 'accru vacation,. general leave or,;COM'-Deht�atorv.tithEmay donate'sUth leavOtoahoth,-remployee,-whena sl is catastrophic. illness or.;injury bef.0s that employee o - r bec use. the empl , oy-pe 'rd for a s666Usly,''ill family member. eave-sharing Leave needed to care er; T 4 1 z.b. tl- ide bonati6n Program is itywi,� e, across all departments and is intended to.,0rov an additional benefit. Nc4hing: in this program- is intended to change, current, policy and practice, for- Use and/or accrual of vacation, ge . ral, or sick leave.. 2. Definitions Catastrophic Illness or Injury. -- A.s6rious4debilitating illness or injury, which incapacitates the 6MpI6y0e'b-r an emplo YIEee's family member. 176milyVember - For the purposes ofAhis policy; the definition of family member is that-d6fined in the: Fafnily lVl6dicakL6bveAbt (child-, parent:sp rnestib buse or do partner), 3. Eligible ible. Leave Accrued b6rhpe- nsp-to-t vacation general leave hours may be, donatb.d. The y, vi ca ion - o r gen Y� minirri - um donation - a ri employee may make is two � (2) hours and the:, maximum m is f6rty,(-40) hours. Employees' ho' accrue n ,general v6datio' of wleave may donatesuch hours to eligible. recipi-Ats. tom eligible e Compensatory time may also be donated. An eligib recipient is n employee Whow, i 6crues Vacation or general leave; hand not �receiving disability -benefits or Workers' Compensation payments; and Requests donated leave. MSMIA MOU FINAL 2011- 2013 310, HB -135- Item 6. - 78 MARINE SAFETY MANAGEMENT ASSOCIATION IT E— VOLUNTARY CATASTROPHIC LEAVE DONATION 5. Transfer of Leave The maximum donation credited to 'a recipient's leave account' shall bethe- amount necessary to ensure continuation of the employee'sregar salaryduring the employee's period of approved catastrophic leave. [donations -will be voluntary, confidential and irrevocable. Hours donated will be converted into. a dollar amount, based on the hourly wage of the donor. TF'e ;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 prop6ssing. Human .Resources; working with the department„ will send :out the request for leave: donations. Employees wanting to make donations will sGbmit.an Authorization. for Donation to the Human Resources Department. All donation forms submitted to payrot will be date,stamped and used in order received for each bi-weekly pay period. Multiple donationswill be rotated in order to insure even use of time Fom donors. Any donation form submitted that is not needed will be returned toll he donor. 6. Other Please contact the Human Resources Department on questions regarding employee participationin this program.. MSMA MOU FINAL 2011- 2013 31 Item 6. - 79 HB -136- MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT E— VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Request Form According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereb" request donated vacation, general leave. or compensatory=time. F MY SIGNATURE CERTIFIES THAT: A leave of absence in relation to a catastrophic illness or injury has been' approved- by my department;, and I am not receiving: disability -benefits or Workers' Compensation payments. .---._.. __.._. ,Name: (Please Print) ;Work Phone. ;Department: '_!EmP' 16ye_ID#: Requester Signature Date: f Department Director Signature of Support: pate: Human" Resources le amen"ent'use' only - i-_ End donatibri-Apte 'VVIIIr bridge; to: ❑ Long Term Disability_ Wedical :Rgtlre ❑ Length of FN1L o° ❑ Retum tW66 or Please submit this form to Finance/Payroll or to the Human Resources Department. RflSMA M U FINAL 2011. 2013 32 HB -137- Item 6. - 80 MARINE SAFETY MANAGEMENT ASSOCIATION EXHIBIT E— VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM. Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please,I complete 'Donor Name: ,(Please Print orType: Last, First, MI) Work Phone: ,Donor Job Title: --�---. ---- ---/fHours ,Type of Accrued Leave:;Numwish to Donate: Vacation cation f ❑ Compensatory Time Hours of Compensatory Time ❑ General Leave Hours of General Leave I understand that this voluntary di but if not needed, the donation donation will remain confidential/ I wish to donate my accru Program for: recipient 'Donor Signatur( Please s in of leave credits, once processed, is irrevocable; be returned to me. I also understand that this: comp or general leave hours to the Leave Donation name (Last, First; MI): _ .Date: { to Finance/Payroll or to the Human Resources Department. MSMA MOU FINAL 2011- 2013 33 Item 6. - 81 xB -138-