Loading...
HomeMy WebLinkAboutMSOA - Marine Safety Officers Association - aka - MSMA - Marine Safety Management Association - 2005-09-19t ru V CITY OF HUNTINGTON BEACH MEETING DATE: September 19, 2005 DEPARTMENT ID NUMBER: AS-05-021 Council/Agency Meeting Held: Oj— Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied j City er ' ignat e Council Meeting Date: September 19, 2005 Department ID Number: ASg5-1 CITY OF HUNTINGTON BEACH' REQUEST FOR COUNCIL ACTION I SUBMITTED TO: HONORABLE MAYOR AND CITY COU CIL MEMBERS R SUBMITTED BY: PEN EL CULBRETH-GRAFT, CITY ADMINISTRATOR PREPARED BY: CHARLES THOMAS, ACTING DEPUTY CITY ADMINISTRAT 4 SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION IIStatement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) II Statement of Issue: Should the City and the Huntington Beach Marine Safety Officers' Association (MSOA) enter into a new Memorandum of Understanding covering the period October 1, 2003 through September 30, 2006? Funding Source: Funding is included in the Fiscal Year 2004/2005 budget and will be included in the Fiscal Year 2005/2006 budget. The cost to implement the; MSOA Memorandum of Understanding in Fiscal Year 2004/05 is $64,235 and $62,650 in Fiscal Year 2005/06. Recommended Action: Adopt Resolution No. AwS- &5 a Resolution of the City Council of the City of Huntington Beach approving and implementing the Memorandum of Understanding between the City of Huntington Beach and the Marine Safety Officers' Association for the term of October 1, 2003 through September 30, 2006. Alternative Action(s): Do not approve the Resolution for employees of the to continue to meet and confer with the Association the City's Employer -Employee Relations Resolution. MSOA and direct staff to either attempt or utilize the impasse procedures under 2003-06 MSOA Reso RCA 09-19-05 9/7/200510:43 AM REQUEST FOR COUNCIL ACTION MEETING DATE: September 19, 2005 DEPARTMENT ID NUMBER: AS-05-021 Analysis: Representatives of the City and the MSOA have completed the meet and confer process with agreement on a new Memorandum of Understanding (MOU) for the period of October 1, 2003 through September 30, 2006. Proposed pay and benefit changes include the following: Salary - 0% salary increase in Fiscal Year 2003/04 - 4% salary increase effective the pay period that includes 10/1/04 - 4% salary increase effective the pay period that includes 10/1/05 - Education Incentive program restructure from a flat dollar amount for the completion of a specified number of college level units to a percentage of pay program for the attainment of a Bachelor's (3% of base salary) or Associate's degree (2% of base salary). All current employees who have not completed the specified degree program will continue to receive their flat dollar amount and the previous program is eliminated. Organizational, Classification and Compensation Study to be completed by no later than June 30, 2006. The results of the study are to be used as information for a successor MOU. The City is not obligated to implement the results of the study. Health & Other Insurance Coverage - City (employer) contribution to medical, dental and vision insurance premiums shall not increase for the term of the agreement - Increase to dental plan annual maximum benefit from $1,000 to $2,000 - Increase to Life and Accidental Death & Dismemberment Insurance coverage from $40,000 to $50,000 - Addition of Pre -Retirement Optional Settlement 2 Death Benefit A summary of these and other negotiated provisions are included as Attachment #1. Environmental Status: Not Applicable Proposed Changes in Terms and Conditions of Employment between the 1 City of Huntington Beach and the MSOA Resolution to Adopt Memorandum of Understanding between the City of 2 Huntington Beach and the MSOA for October 1, 2003 through September 30, 2006 Legislative Draft - Memorandum of Understanding between the City of 3 Huntington Beach and the MSOA for October 1, 2003 through September 30, 2006 Exhibit Final Memorandum of Understanding between the City of Huntington A I Beach and the MSOA for October 1, 2003 through September 30, 2006 RCA Author: Irma Youssefieh 2003-06 MSOA Reso RCA 09-19-05 2 9/7/200510:43 AM ATTACHMENT #1 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE MARINE SAFETY OFFICERS ASSOCIATION (MSOA) Proposed Changes FY 2003/2004 FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Term 10/01/03 — 09/30/06 36-month contract Wage Increase 0% wage increase in $0 $0 MSOA agrees to a 0% year. FY 2003/04. 4% wage increase N/C a.) $ 37,980 a.) $ 37,980 Same wage increase in year 1 effective 9/25/04 b.) $ 60,240 b.) $ 60,240 as POA, MEO, Non -Assoc., c.) $ 98,220 c.) $ 98,220 HBFA, FMA and PMA. 4% wage increase N/C N/C a.) $ 39,500 a.) $ 39,500 Same wage increase in Year effective 9/24/05 b.) $ 62,650 b.) $ 62,650 2 as POA, MEA, MEO, Non- c.) $102,150 c.) $102,150 Assoc., HBFA, FMA & PMA. Organizational, N/C N/C N/C N/C Results are to be used as Classification & information for a successor Compensation Study MOU. City is not obligated to be completed by to implement results. 06/3 0/06. * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2004/2005 N/C represents no measurable cost Council Meeting of September 19, 2005 Page 1 of 9 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE MARINE SAFETY OFFICERS ASSOCIATION (MSOA) Proposed Changes FY 2003/2004 FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Health Benefits City contributions N/C N/C N/C N/C Under the terms of this (2005 caps) for agreement, employees will health insurance absorb all health insurance coverage (medical, increases. dental and vision) shall not increase during the term of the agreement (including after dental maximum increase is implemented) Dental plan annual N/C $ 780 N/C $ 780 Benefit enhancement as maximum benefit provided for POA, MEA, increase from $1000 MEO, Non -Assoc., HBFA, to $2000 PMA and FMA. * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2004/2005 N/C represents no measurable cost Council Meeting of September 19, 2005 Page 2 of 9 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE MARINE SAFETY OFFICERS ASSOCIATION (MSOA) Proposed Changes FY 2003/2004 FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Increase in Life and Accidental Death & Dismemberment insurance coverage to $50,000 (from $40,000 for MSOA) N/C $ 1,248 $ 1,248 Benefit enhancement as provided for POA, MEA, MEO, Non -Associated, HBFA, FMA and PMA Coverage effective N/C N/C N/C N/C Improve benefit and align date for health with CalPERS medical changed from "first coverage dates, of the month following 30 days of employment" to "first of the month following date of hire". Employee health premium contributions to be aligned with dates of coverage. * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2004/2005 N/C represents no measurable cost Council Meeting of September 19, 2005 Page 3 of 9 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE MARINE SAFETY OFFICERS ASSOCIATION (MSOA) Proposed Changes FY 2003/2004 FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Retirement Amend PERS N/C $ 1,900 $ 1,900 Same benefit enhancement as contract to add Pre- provided to police safety Retirement Optional plans. Provides surviving Settlement 2 Death spouse with a greater death Benefit benefit in lieu of lump sum Basic Death Benefit (if employee retirement eligible at time of death). Special Pa Education Incentive N/C $ 67 $ 67 Current employees without Program restructure completed degrees shall from flat dollar retain flat dollar amount amount to % of pay (removal of previous — 3% for Bachelor's program; no change or degree; 2% for increase until attainment of Associate's degree I the specified degree). * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2004/2005 N/C represents no measurable cost Council Meeting of September 19, 2005 Page 4 of 9 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE MARINE SAFETY OFFICERS ASSOCIATION (MSOA) Proposed Changes FY 2003/2004 FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated 11 Cost*** Paid Leave Expand definition of N/C N/C N/C N/C Improved benefit; same "family" for language for POA, MEA, Bereavement Leave MEO, Non -Assoc and PMA. Provisions for a N/C N/C N/C N/C Documents program with Voluntary flexibility to meet employee Catastrophic Leave needs. Donation Pro am Contract Language Updates Added provision on N/C N/C N/C N/C Reporting complies with the reporting of Ca1PERS law, excludes uniform costs personal protective (uniforms provided equipment. by the City) as special compensation, Provision for the N/C N/C N/C N/C Documents a procedure for collection of payroll the collection of payroll overpayments. ove ayments. * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2004/2005 N/C represents no measurable cost Council Meeting of September 19, 2005 Page 5 of 9 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE MARINE SAFETY OFFICERS ASSOCIATION (MSOA) Proposed Changes FY 2003/2004 FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Provision to reflect N/C N/C N/C N/C Complies with State and City compliance Federal laws and extends the with state and use of accrued leave time for federal leave benefit approved leaves. entitlement laws and the permission of employees to use accrued leave for approved leaves. Provision to reflect N/C N/C N/C N/C Clarifies current procedure in that employee compliance with IRS contributions to regulations. deferred compensation must be made while an employee is "actively employed" and prior to separation from employment. * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2004/2005 N/C represents no measurable cost Council Meeting of September 19, 2005 Page 6 of 9 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE MARINE SAFETY OFFICERS ASSOCIATION (MSOA) Proposed Changes FY 2003/2004 FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Provision to reflect that special pay is effective the first full pay period following certification. N/C N/C N/C N/C Documents current practice in the MOU, Provision to reflect N/C N/C N/C N/C Documents current practice the earning of in the MOU. overtime is applicable to all hours worked over regularly scheduled shift. Update Retiree N/C N/C N/C N/C To reflect compliance with Medical Subsidy current program, language to reflect resent practice * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2004/2005 N/C represents no measurable cost Council Meeting of September 19, 2005 Page 7 of 9 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE MARINE SAFETY OFFICERS ASSOCIATION (MSOA) Proposed Changes FY 2003/2004 FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Remove N/C N/C N/C N/C Provides for administrative amendments to the efficiency. Personnel Rules from the MOU and update the Personnel Rules. Document 4/10 N/C N/C N/C N/C Documents current practice Work Schedule in in the MOU. the MOU. Meet and Confer Du ing Term of A reement Update the N/C N/C N/C N/C To reflect current law. Employer -Employee Relations Resolution * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2004/2005 N/C represents no measurable cost Council Meeting of September 19, 2005 Page 8 of 9 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE MARINE SAFETY OFFICERS ASSOCIATION (MSOA) Proposed Changes FY 2003/2004 FY 2004/2005 FY 2005/2006 Estimated Cost for Staff Comments in Terms and Estimated Cost Estimated Cost Estimated Cost: Term of the Conditions a.) Base Salary* a.) Base Salary* a.) Base Salary* Agreement b.) Salary Driven b.) Salary Driven b.) Salary Driven a.) Base Salary* Costs** Costs** Costs** b.) Salary Driven c.) Total Estimated c.) Total Estimated c.) Total Estimated Costs** Cost*** Cost*** Cost*** c.) Total Estimated Cost*** Implement a N/C N/C N/C N/C No cost to the City - funded voluntary Health by voluntary employee Savings Account participation. (HSA) to fund eligible post retirement medical costs. Cost of Proposed a.) $ 37,980 a.) $ 39,500 a.) $ 77,480 Changes b.) 64,235 b.) $ 62,650 b.) $126,885 c.) $102,215 c.) $102,150 c.) $204,365 * Base salary is the cost of raising salary ** Salary driven costs are the additional costs associated with raising base salary, which include employer taxes, worker's compensation and retirement *** Total estimated costs are based upon cost information available in 2004/2005 N/C represents no measurable cost Council Meeting of September 19, 2005 Page 9 of 9 ATTACHMENT #2 RESOLUTION NO. 2 0 0 5- 6 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION AND THE CITY OF HUNTINGTON BEACH FOR THE TERM OF OCTOBER 1, 2003, TO SEPTEMBER 30, 2006 The City Council of the City of Huntington Beach does resolve as follows: The Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Marine Safety Officers' Association, a copy of which is attached hereto as Exhibit "A" and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof, and the City Administrator is authorized to execute this Agreement. Such Memorandum of Understanding shall be effective for the term October 1, 2003, to September 30, 2006. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1 9th.day of September 200 9 . REVIEWED AND APPROVED: ity Administrator APPROVED AS TO FORM: ACi Attorney INITIATED AND APPROVED: Adminis rat' 0-• Deputy City Administrator 05reso/marine safety officers' assn MARINE SAFETY OFFICERS' ASSOCIATION 2003-2006 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS � M/i PREAMBLE................................................................................... ..............................1 ARTICLE 1- TERM OF MOU..........................................................................................1 ARTICLE 11- REPRESENTATIONAL UNIT/CLASSIFICATIONS...................................2 ARTICLE Ili - MANAGEMENT RIGHTS.........................................................................2 ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT.........................................2 ARTICLE V - SALARY SCHEDULE...............................................................................2 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. EFFECTED EMPLOYEES..................................................................................................... 5 C. PERSONAL PROTECTIVE EQUIPMENT................................................................................. 5 D. EMPLOYEE RESPONSIBILITIES........................................................................................... 6 E. CITY RESPONSIBILITIES.................................................................................................... 6 ARTICLE VIII - HOURS OF WORK/OVERTIME............................................................7 A. HOURS OF WORK DEFINED............................................................................................... 7 B. OVERTIME/COMPENSATORY TIME...................................................................................... 7 1. Paid Overtime.........................................................................---................------........7 2. Compensatory Time----•------------------------------------------------------------------------------------------------------------------7 3. Court Time.................-----•----------...............----.....................................................7 a. Court Standby...............................•----...................-----....-----.............-----............----------....-----------..7 b. Court Appearance..............•-------...----....•----......................---------....•------••------•-....---------------...........7 4. Holidays Worked------------------------------................................................ ..............................................7 C. 4110 WORK SCHEDULE DEFINED....................................................................................... 8 D. SHIFT EXCHANGE..................................•--•-•------•--............................................................8 MSOA MOU FINAL 03-06 MARINE SAFETY OFFICERS' ASSOCIATION 2003-2006 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS....................................8 A. HEALTH........................................................................................................................... 8 1. CaIPERS PEMHCA..........................................................................................................................8 a. PEMHCA Employer Contributions................................................................................................8 b. Maximum Employer Contributions ...... ......... ................................................................................ 9 2. Dental Insurance...............................................................................................................................9 3. Retiree (Annuitant) Coverage .................................................. -----.................................................... 9 a. City Contribution (Unequal Contribution Method) for Retirees...................................................10 b. Termination of Participation in the CaIPERS PEMHCA Program - Impact to Retirees..............10 4. Additional Costs for Participation in the PEMHCA program..........................................................A0 a. Retiree and/or Annuitant Coverage-------------------------------------------------------------------------------------------10 b. Termination Clause....................................................................................................................11 B. MEDICAL CASH -OUT.... ................................................................................................... 11 C. SECTION 125 EMPLOYEE PLAN....................................................................................... 11 D. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT (AD & D) INSURANCE ........................ 12 E. LONG TERM DISABILITY INSURANCE................................................................................. 12 ARTICLE X - RETIREMENT.....................................................................................•...13 A. BENEFITS.......................................................................................................................13 1. Public Employees' Retirement System...........................................................................................13 2. Self -Funded Supplemental Retirement Benefit..............................................................................13 3. 1959 Survivors' Benefit Level IV..........................................................................•--.........------------...13 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 ........................... 14 D. PRE -RETIREMENT OPTIONAL SETTLEMENT 2 DEATH BENEFIT ........................................... 14 ARTICLE XI - LEAVE BENEFITS.................................................................................14 A. VACATION......................................................................................................................14 1. Accrual...........................................................................................................................................14 2. Eligibility and Permission................................................................................................................15 3. Conversion to Cash................................................................................•........-----......------------------.15 a. Cash Advance............................................_...--.....--....._...............................------.---.-----..........15 b. Pay -Off at Termination...............................................................................................................15 B. SICK LEAVE.................................................................................................................... 16 C. LEAVE BENEFIT ENTITLEMENTS....................................................................................... 16 D. BEREAVEMENT LEAVE... .................................................................................................. 16 E. DEFERRED COMPENSATION / LEAVE CASH-OUT............................................................... 16 F. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ................................................ 17 ARTICLE XII - CITY RULES.........................................................................................17 ARTICLE XIII - MISCELLANEOUS..............................................................................17 MSOA MOU FINAL 03-06 u MARINE SAFETY OFFICERS' ASSOCIATION 2003-2006 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS A. SALARY UPON APPOINTMENT.......................................................................................... 17 B. PHYSICAL EXAMINATIONS................................................................................................ 17 C. CONDITIONING TIME....................................................................................................... 17 D. 1,500 HOUR RECURRENT EMPLOYEES............................................................................ 17 E. COLLECTION OF PAYROLL OVERPAYMENTS...................................................................... 17 ARTICLE XIV - CITY COUNCIL APPROVAL...............................................................19 EXHIBIT A - MSOA SALARY SCHEDULE...................................................................20 EXHIBIT B - DELTA CARE (PMI) DENTAL PLAN BROCHURE.................................21 EXHIBIT C - DELTA DENTAL PLAN BROCHURE......................................................22 EXHIBIT D - SERVICE CREDIT SUBSIDY PLAN........................................................23 EXHIBIT E - MODIFICATIONS TO EMPLOYEE - EMPLOYER RELATIONS RESOLUTION............................................................................................................... 26 EXHIBIT F - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ..........28 MSOA MOU FINAL 03-06 iii MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) and THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION (Hereinafter called ORGANIZATION or MSOA) PREAMBLE WHEREAS, pursuant to California law, the City, acting by and through its designated representatives, duly appointed by the governing body of said city, and the representatives of the Association, a duly recognized employee association have met and conferred in good faith and have fully communicated and exchanged information 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, 2003, 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, 2003 and ending at midnight on September 30, 2006. 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, 2006, and the City of Huntington Beach, through its representatives, shall not be required to meet and confer as to any such request. MSOA MOU FINAL 03-06 1 MARINE SAFETY OFFICERS' ASSOCIATION ARTICLE II - REPRESENTATIONAL UNIT/CLASSIFICATIONS It is recognized that the Marine Safety Officers' 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 1 ARTICLE III - MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the City retains all rights, powers and authority with respect to the management and direction of the performance of 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. MSOA MOU FINAL 03-06 2 MARINE SAFETY OFFICERS' ASSOCIATION A. Wage Increases Effective the first full pay period that includes October 1, 2003, and for fiscal year 2003-2004, all Association employees shall receive no wage increase. 2. Effective September 25, 2004 that includes October 1, 2004, all Association employees shall receive a four percent (4%) wage increase. 3. Effective September 24, 2005 that includes October 1, 2005, all Association employees shall receive a four percent (4%) wage increase. B. Organizational, Classification and Compensation Study The City and the Association agree to a joint study in which: the survey agencies are to be agreed upon between both parties; the study is to be completed by no later than June 30, 2006 (3 months prior to the expiration of the Memorandum of Understanding); there will be no action on the results of the study during the term of this Memorandum of Understanding; the results of the study are to be used as information for the next contract negotiations; and, the City is not obligated to implement the results of the study. ARTICLE VI - SPECIAL PAY A. Education Incentive Pay Effective the first full pay period following City Council ratification of this Memorandum of Understanding, employees who possess a degree from an accredited college shall be eligible to receive education incentive pay as follows: 1. Bachelor's Degree - 3% above the base hourly rate 2. Associate's Degree — 2% above the base hourly rate 3. The maximum education incentive pay shall be 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 the date of City Council ratification of this Memorandum of Understanding. 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: MSOA MOU FINAL 03-06 3 MARINE SAFETY OFFICERS' ASSOCIATION 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 1 150 4 1 0 1 150 5. Employees hired after the date of City Council ratification of this Memorandum of Understanding 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. B. Acting Assignment Pay 1. When formally assigned to perform in the absence of the Marine Safety Chief due to vacation, compensatory time off, sick leave and training, 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. Seniority will not be the controlling criteria. C. Certification Pav 1. Marine Safety Officer 11 — Employees classified as MSO II shall receive an additional five percent (5%) over 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 113; SCUBA/Dry Suit; and Instructor Emergency Response Red Cross. 2. Marine Safety Lieutenant — Employees classified as Marine Safety Lieutenant shall receive an additional five percent (5%) over their base hourly rate for maintaining active certification in all of the following: ICS (Incident Command System) 300; Command 1A and 113; and Management I. D. Holiday Pay -In -Lieu Employees represented by the Association and actively employed by the City, in addition to regular compensation, shall receive each month 1/12 of the total holiday hours (80) earned for the year. They shall be entitled to an additional eight 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). MSOA MOU FINAL 03-06 4 MARINE SAFETY OFFICERS' ASSOCIATION E. Bilingual Skill Permanent employees who are required by their Department Head to use their bilingual abilities as part of their job assignment shall be paid an additional five percent (5%) over their base hourly rate. Employees who are required by their Department Head to utilize bilingual skills may be required to test and be certified by the Human Resources Manager 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 Pav 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 Pav 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 Subject to State law and regulations, compensation paid as a result of this Article shall be reported to PERS as special compensation. ARTICLE Vli - 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. Effected Employees All employees shall wear a standard City adopted uniform. The standard adopted uniform for MSOA employees is identified 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. MSOA MOU FINAL 03-06 5 MARINE SAFETY OFFICERS' ASSOCIATION D. Employee Responsibilities 1. To wear a clean and complete uniform as required. 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 furnish funding for the agreed uniform allowances. 2. The City will report to the California Public Employees' Retirement System (CaIPERS) 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. 3. To provide and maintain one or more retail clothing outlets for the various allotments. City reserves the right to name vendor. 4. To maintain records of purchases. MSOA MOU FINAL 03-06 6 MARINE SAFETY OFFICERS' ASSOCIATION ARTICLE Vill - HOURS OF WORK/OVERTIME A. Hours of Work Defined For purposes of this article, approved vacation time, sick leave and compensatory time shall count as hours worked. B. Overtime/Compensatory Time 1. Paid Overtime Employees shall receive time and one half their salary rate for all time worked in excess of their scheduled work shift. 2. Compensatory Time Employees may elect to receive compensatory time off (to be accrued to a maximum of 120 hours) in lieu of such overtime pay. 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 straight time pay (including differentials) 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 pay (including differentials) at time and one half. 4. Holidays Worked Employees who work on a recognized City holiday shall be compensated at time and one-half of their base pay for hours worked. MSOA MOU FINAL 03-06 7 MARINE SAFETY OFFICERS' ASSOCIATION C. 4/10 Work Schedule Defined The 4/10 work schedule shall be defined as working four (4) days for forty (40) hours in a work week by working four (4) days at ten (10) hours per day_ 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. Shift Exchange The Department shall allow employees to exchange work schedules and shifts among those of equal rank and ability, providing prior approval is obtained from the Department Director and the payback of the shift exchange is completed within sixty (60) calendar days. 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. 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 The City shall contribute on behalf of each employee, the following sum per month toward the payment of premiums for medical insurance under the PEMHCA program. If the mandated minimum is increased from these figures, the City shall make the appropriate adjustments by decreasing its cafeteria contribution. MSOA MOU FINAL 03-06 8 MARINE SAFETY OFFICERS' ASSOCIATION 2004 Tm $32.20 2005 $48.40 2006 $64.60 b. Maximum Employer Contributions For the term of this agreement, the City's maximum monthly employer contribution for each employee's health and other insurance premiums are set forth in the charts below. The amounts listed below include the mandated PEMHCA contribution. PERS PERS Delta Delta VSP BS PERSCARE PERSCHOICE PORAC Dental Dental HMO KAISER (PPO) (HMO) Vision EE 274.03 373.77 373.77 373.77 274.03 42.88 23.00 17.58 EE + 1 555.51 702.25 702.25 702.25 555.51 81.82 39.11 17.58 EE+2 or more 720.18 851.34 851.34 851.34 720.18 116.36 59.81 17.58 The employee shall not be entitled to the difference between the employer contribution and the premiums for insurance plan(s) selected by the employee. The City "caps" its contributions toward monthly group medical, dental and vision plan premiums, by category (EE, EE + 1, and EE + 2 or more) and plan as stated in the table above for the term of this agreement, even if premiums increase. Employee contributions shall be made by payroll deductions on a pre-tax basis. 2. Dental Insurance Effective the first full pay period following City Council ratification of this Memorandum of Understanding, the annual maximum benefit for the Delta Dental plan will increase from $1000 to $2000 and the City's maximum employer contribution rates for dental coverage shall apply as listed in A.1.b. above. 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, CAPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. MSOA MOU FINAL 03-06 9 MARINE SAFETY OFFICERS' ASSOCIATION a. City Contribution (Unequal Contribution Method) for Retirees As allowed by the Government Code and the CalPERS Board, and requested by the Association, the City shall use the Unequal Contribution Method to make City contributions on behalf of each retiree or annuitant. The following is an example of the sum per month toward the payment of premiums for medical insurance under the PEMHCA medical insurance program for a retiree or annuitant. The City shall make these payments only while the City is a participant in the PEMHCA program. 2004 Elm $1.00 2005 $3.42 2006 $6.65 b. Termination of Participation in the CalPERS PEMHCA program — Impact to Retirees The City's requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the Association and the City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the City terminates its participation in the PEMHCA program, the retiree medical subsidy program in place 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 MSOA MOU FINAL 03-06 10 MARINE SAFETY OFFICERS' ASSOCIATION 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 CalPERS Board Actions that increases the mandatory minimum monthly contribution for retirees (annuitants), the Association shall pay an equal amount to the City. Payments shall be made the first of the month (following implementation). If the Association fails to make timely payments for two consecutive months, the City shall implement a decrease in the supplemental benefit contribution to health insurance for each unit employee by an amount equal to the total increased cost paid by the City. (For example, if the increased cost for retirees equals $6,000 per year, the monthly supplemental benefit for each employee will be decreased as follows: $6,000 divided by twelve (months) = $500, which is then divided by the number of employees receiving supplemental benefits. b. Termination Clause The City and Association may each request termination of the City's contract with CalPERS after the announcement of State Legislation, Judicial Rulings, or a CalPERS Board Action that changes the employer's contribution, insurance premiums or program changes to the CalPERS medical plan. The City and Association may elect to terminate its participation in the CalPERS PEMHCA program by mutual agreement through the meet and confer process between the Association and the City. 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 Division), 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. 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. MSOA MOU FINAL 03-06 11 MARINE SAFETY OFFICERS' ASSOCIATION D. Life and Accidental Death and Dismemberment (AD&D) Insurance Coverage The City will provide $50,000 of term life insurance and $50,000 of AD&D insurance coverage for each employee at City 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 1. The existing long-term disability program provided employees by the city shall remain in effect. This program provides for each incident of illness or injury, pay up to sixty (60) calendar days at the employee's salary rate (excluding overtime but including any special pay in effect at the time of illness of injury). After the sixty (60) calendar day 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. Plan 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 regular occupation during two (2) years and thereafter the inability to engage in any employment or occupation for which he is fitted by reason of education, training or experience. 4. Survivors' benefit continues plan payment for three (3) months beyond 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. MSOA MOU FINAL 03-06 12 MARINE SAFETY OFFICERS' ASSOCIATION 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. If at any time after the implementation of the 3% at age 50 formula the City is required to make retirement contributions with respect to employees represented by the Association, the amount with respect to which each employee is reimbursed pursuant to Article X.B.1. shall be reduced by a percentage equal to one-half of the percentage of compensation earnable the City is required to pay in retirement contributions to PERS, not to exceed 2.25%. For example, if the City is required to contribute an amount equal to 2% of each employee's "compensation earnable," the amount of the reimbursement shall be reduced from 9% of the employee's compensation earnable to 8% of the employee's compensation earnable. If, on the other hand, the City is required to contribute an amount equal to 8% of each employee's "compensation earnable," the amount of the reimbursement shall be reduced to 6.75% of the employee's compensation earnable. 2. Self -Funded Supplemental Retirement Benefit In the event a member elects Option #2 (Section 21333) or Option #3 (Section 21334) of the Public Employees' Retirement Law, and the member is a unit employee who was hired before the adoption of this Memorandum of Understanding, the City shall pay the difference between such elected option and the unmodified allowance which the member would have received for his or her lift alone. This payment shall be made only to the member, shall be payable by the City during the life of the member, and upon that member's death, the City's obligation shall cease. The method of funding this benefit shall be 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. (Note: The options provide that the allowance is payable to the member until his or her death, and then either the entire allowance (Option #2), or one-half of the allowance (Option #3) is paid to the beneficiary for life). 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. MSOA MOU FINAL 03-06 13 MARINE SAFETY OFFICERS' ASSOCIATION 4. Medical Insurance for Retirees As required by the Government Code, while the City is contracted with CaIPERS 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 9% of the employee's base salary plus education incentive pay as pickup of a portion of each employee's PERS contribution. The above PERS pickup is not base salary but are done pursuant to Section 414(h)(2) of the Internal Revenue Code. 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 As soon as practicable after City Council ratification of this Memorandum of Understanding, the City shall amend its PERS contract for safety employees to add the 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: Permanent employees in City service, having an average workweek of forty (40) hours, 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 MSOA MOU FINAL 03-06 14 MARINE SAFETY OFFICERS' ASSOCIATION 2. Eligibility and Permission a. All employees shall be entitled to annual vacation with pay except under the following circumstances: 1) Employees who have not completed six (6) months continuous service with the City. 2) Employees who work less than full-time. 3) Employees on leave of absence. b. For the purpose of computing vacation, an employee's anniversary date shall be the most recent date on which he commenced full-time City employment. c. No vacation may be taken until the completion of six (6) months of service. Permanent, part-time employees assigned a work schedule of less than 30 hours but more than 20 hours per week shall receive vacation in one-half the amounts set forth above. Employees assigned to a workweek of less than 40 and more than 30 hours per week shall receive vacation in three -fourths the amounts set forth above. d. No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not be accrued in excess of 320 hours. 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 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. Cash Advance Upon two week written notification to the Director of Finance, each employee shall be entitled to receive his earned vacation pay, less deductions, in advance, prior to his regular scheduled annual vacation. Such advancements are limited to one during each employee's anniversary year. b. Pay -Off at Termination No employee shall be paid for unused vacation other than upon termination of employment at which time such terminating employee shall receive compensation at his current salary rate for all unused, earned vacation to which he is entitled up to and including the effective date of his termination. MSOA MOU FINAL 03-06 15 MARINE SAFETY OFFICERS' ASSOCIATION 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_ Leave Benefit Entitlements Employees will be allowed to use up to one-half of their annual sick leave accrual for family sick leave, pursuant to the provisions of California Labor Code Section 233, for an employee to care for a child, parent, or spouse 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. D. Bereavement Leave Employees shall be entitled to bereavement leave not to exceed three (3) working days per calendar year in instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, 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. E. 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. MSOA MOU FINAL 03-06 16 MARINE SAFETY OFFICERS' ASSOCIATION F. Voluntary Catastrophic Leave Donation Program Under certain conditions, employees may donate leave time to another employee in need. The program is outlined in Exhibit F of this Memorandum of Understanding. ARTICLE XII - CITY RULES All Memorandum of Understanding provisions that supercede the City's Personnel Rules shall automatically be incorporated into the City's Personnel Rules as applicable. 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 corrective action and 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. C. Conditioning Time Unit employees may be allowed up to one 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 1,500-work hour per year in non-HBMSOA 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 MSOA MOU FINAL 03-06 17 MARINE SAFETY OFFICERS' ASSOCIATION deduction over a reasonable period of time considering the total amount of over payment. In the event the employee separates from employment during the collection period, the final amount shall be deducted from the last payroll check of the employee. If applicable, the balance due from the employee shall be communicated upon employment separation if the last payroll check does not sufficiently cover the amount due the City. It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error. The City reserves the right to also collect compensation over payments caused by or the result of misinterpretation of a pay provision by non -authorized personnel. The interpretation of all pay provisions shall be administered by the City Administrator or designee and as adopted by the City Council. Unauthorized compensation payments shall not constitute a past practice. MSOA MOU FINAL 03-06 18 MARINE SAFETY OFFICERS' 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 If day of 72005. CITY OF HUNTINGTON BEACH A Municipal Corporation By: J--Pendiope Culbreth-Graft City Administrator By: inn6 Yousse " HLjnan Resources Manager ROVED AS TO FORM By: Q4 9L� Jennife McGra h, 9 I 3-���' City Attorney HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSN. By: Eric Ching President MSOA BY: 45�E oaww- 'V"A7�6%jr Mark Reid Business Agent MSOA MOU FINAL 03-06 19 MARINE SAFETY OFFICERS' 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 J97* day of `Sre_nd�.�2005. CITY OF HUNTINGTON BEACH A Municipal Corporation In 0 Penelope Culbreth-Graft City Administrator By: By: IrZn Yousse H Resources Manager HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSN. Eric Ching President MSOA ark Reid Business Agent (, S, F1 17", 14 Z Ve.A;AqU-A--r-' /We'&)r APPROVED AS TO FORM Jennifer McGrath, City Attorney MSOA MOU FINAL 03-06 19 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT A — MSOA SALARY SCHEDULE Effective September 25, 2004 (Wage increase of 4%) Step .lob Code Classification Range A B C D E $4,441 $4,685 $4,943 $5,216 $5,502 0467 Marine Safety Officer ! 494 $25.62 $27.03 $28.52 $30.09 $31.74 $5,032 $5,309 $5,601 $5,909 $6,234 0468 Marine Safety Officer 11 519 $29.03 $30.63 $32.31 $34.09 $35.96 $5,644 $5,955 $6,282 $6,627 $6,991 0105 Marine Safety Lieutenant 542 $32.56 $34.35 $36.24 $38.23 $40.33 Effective September 24, 2005 (Wage increase of 4%) Step Sob Code Classification Range A B C D E $4,619 $4,873 $5,143 $5,426 $5,724 0467 Marine Safety Officer I 502 $26.65 $28.12 $29.67 $31.30 $33.02 $5,236 $5,524 $5,828 $6,149 $6,487 0468 Marine Safety Officer 11 527 $30.21 $31.87 $33.62 $35.47 $37.42 $5,872 $6,195 $6,536 $6,895 $7,274 0105 Marine Safety Lieutenant 550 $33.88 $35.74 $37.71 $39.78 $41.97 MSOA MOU FINAL 03-06 20 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT B — DELTA CARE (PMI) DENTAL PLAN BROCHURE DELTA CARE (PMI) DENTAL PLAN BROCHURE A copy of the Delta Care (PMI) Plan Brochure may be obtained from the Human Resources Division MSOA MOU FINAL 03-06 21 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT C — DELTA DENTAL PLAN BROCHURE DELTA DENTAL PLAN BROCHURE A copy of the Delta Dental Plan Brochure may be obtained from the Human Resources Division MSOA MOU FINAL 03-06 22 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT D — 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 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 MSOA MOU FINAL 03-06 23 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT D — SERVICE CREDIT SUBSIDY PLAN Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of his/her rehire in accordance with the City's Personnel Rules. To receive the Service Credit Subsidy retirees are required to purchase medical insurance from City sponsored plans. The City shall have the right to require any retiree (annuitant) to annually certify that the retiree is purchasing medical insurance benefits. 5. Disability Retirees - Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the premium for health insurance of $120. 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 MSOA MOU FINAL 03-06 24 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT D — SERVICE CREDIT SUBSIDY PLAN (annuitant). Article IX.A.3.a. provides an example of expected reductions per retiree per month. 8. Medicare a. All persons are eligible for Medicare coverage at age 65. Those with sufficient credited quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age 65, but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, the participant pays for Part B of Medicare. b. When a retiree and his/her spouse are both 65 or over, and neither is eligible for paid Part A of Medicare, the Service Credit Subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. c. When a retiree at age 65 is eligible for paid Part A of Medicare and his/her spouse is not eligible for paid Part A of Medicare, the spouse shall not receive the subsidy. When a retiree at age 65 is not eligible for paid Part A of Medicare and his/her spouse who is also age 65 is eligible for paid Part A of Medicare, the subsidy shall be for the retiree's Part A only. 9. Cancellation a. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: i. Coverage for a retiree under the Service Credit Subsidy Plan will be eliminated on the first day of the month in which the retiree reaches age 65. ii. At age 65 retirees are eligible to make application for Medicare. Upon being considered "eligible to make application," whether or not application has been made for Medicare, the Service Credit Subsidy Plan will be eliminated. MSOA MOU FINAL 03-06 25 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT E — 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 Personnel Director, would be entitled to propose a Unit Modification. The Association and the City agree to jointly recommend a modification of the City of Huntington Beach Employer -Employee Relations Resolution (Resolution Number 3335) upon the City's having completed its obligation to meet and confer on this issue with all other bargaining units. The proposed change to the Employer -Employee Relations Resolution is as follows: 7-3. Personnel Direction Motion of Unit Modification — The Personnel Director may propose, during the same period for filing a Petition for Decertification, that an established unit be modified in accordance with the following procedure: 1) The Personnel Director shall give written notice of the proposed Unit Modification of Modifications to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Personnel Director's rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for appropriateness of Units. Additionally, the Personnel Director shall provide all affected employee organizations with all correspondence, memoranda, and other documents which relate to any input regarding the Unit Modification which may have been received by the City or from affected employees and/or sent by the City to affected employees; 2) Following receipt of the Personnel Director's Proposal for Unit Modification any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the Motion for Unit Modification to the Personnel Commission; MSOA MOU FINAL 03-06 26, MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT E -- MODIFICATIONS TO EMPLOYEE -EMPLOYER RELATIONS RESOLUTION 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. MSOA MOU FINAL 03-06 27 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT F — VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Guidelines 1. Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either; return to work, long- term disability, or medical retirement. Permanent employees who accrue vacation, general leave or compensatory time may donate such leave to another permanent employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The leave -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 Permanent employees who accrue vacation or general leave may donate such hours to eligible recipients. Compensatory time accrued may also be donated. An eligible recipient is an employee who: • Accrues vacation or general leave; • Is not receiving disability benefits or Workers' Compensation payments; and • Requests donated leave. MSOA MOU FINAL 03-06 28 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT F — 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 Division (payroll). All donation forms submitted to payroll will be date stamped and used in order received for each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. 6. Other Please contact the Human Resources Division on questions regarding employee participation in this program. MSOA MOU FINAL 03-06 29 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT F — 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 • 1 am not receiving disability benefits or Workers' Compensation payments. Please return to the Human Resources Division for processing. MSOA MOU FINAL 03-06 30 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT F — VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name: (Please Print) _.. 1rork Phone _=Donor Job Title: ' Hours of Vacation Comp or General leave I Wish to Donate: 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 1 wish to donate my accrued vacation, comp or general leave hours to the Leave Donation Program for Please submit to Payroll in the Human Resources Division. MSOA MOU FINAL 03-06 31 Res. No. 2005-65 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-ofhcio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 19th day of September, 2005 by the following vote: AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr NOES: None ABSENT: Cook ABSTAIN: None OA&M) - '&� -0 ) CiAVClerk and ex-officio erk of the City Council of the City of Huntington Beach, California ATTACHMENT #3 ARTICLEI - TERM OF MOU................................................................................................................................................... I ARTICLE II - REPRESENTATIONAL UNIT/CLASSIFICATIONS....................................................................................2 ARTICLE III - MANAGEMENT RIGHTS............................................................................................................................... 2 ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT...........................................................................................3 ARTICLE V - SALARY SCHEDULE........................................................................................................................................3 ARTICLE VI - SPECIAL PAY...........................................................................................................................................34443 A. EDUCATIONAL TUITION.................................................................................................................................................. 44443 B. ACTING ASSIGNMENT.................................................................................................................................................... 55554 C. ASSIGNMENT PAY.............................................................. --........................................................................................ 56+- 4 D. HOLIDAY PAY-IN-LIEU........................................................................................-.................................................... 6�€ 5F - E. BILINGUAL SKILL...........................................................................................................................................................6666-5 ARTICLE VII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT....................................................................7-7755 ARTICLE VIII - HOURS OF WORK/OVERTIME........................................................................................................8888- A. HOURS OF WORK DEFINED............................................................................................................................................ 8"&5 B. OVERTIME/COMPENSATORY TIME............................................................................................................................... 8 W� 5 C. SHIFT EXCHANGE........................................................................................................................................................... 949 6 ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS.............................................................................. 9#99€+ A. HEALTH......................................................................................................................................................................... 994% a. Health Premiums.............................................................. ......................... 10 � n�rnno? b. Healtb Insurance Caps............................................................................--.................................................................10-104-0447 7 C. Employee Paid Premiums............................................................................................................................................10441-#4447H=' d. Two -Tier Healtb Premium........................................................................... .......................................... 10' n"" P4-- remiums................................................................................................................................ a. Healtb Premiums,',',,.'.............. ................104-9-440z e. Dependent Healtb Coverage.....................................................................1 1' , , , , , 479 f. Medical Plan Changes Effective September 1, 1998................... 11 ""� Plan Deductibles .......................................... ............................ 1 144 "879 b. Medical Cash-Out.................................................................................................. ...................................................... 12' 2,'4''�89 i. Section 125Plan........................................................................... ..........12,24-2�,-P49 B. LIFE INSURANCE................................................................................................................................................ 124-2-1-242-9-83 C. ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE .................................................... ......................... 12' 24 ARTICLE X - RETIREMENT............................................................................................................................262,7k724-1-9M A. BENEFITS .......................................... ..................................................................................................... ........ 202-P- 24-204 -A B. PUBLIC EMPLOYEES` RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING .......................................... 2829a-92z7—5-2I444-2 C. ARTICLE XI - LEAVE BENEFITS .................. ......293'' 4-1723t" A. VACATION...................................................................................................................................................2934-3-127?-,1344 -2 B. SICK LEAVE...................................................................31-33� ,14-r :' C. FAMILY SICK LEAVE.................................................................................................................................... 31343,32-9244-11 D. BEREAVEMENT LEAVE.................................................................................................................................31�3�te 124� ARTICLE XII - CITY RULES..........................................................................................................................32343430-2-54344 0032946.01 i91712005 7:38 AM 1 ' 5-5 0-R1�"R.o9412N5 8:4a-AM A. SALARY UPON APPOINTMENT ............................... ..................3234 -2�'14 ......................... B. PHYSICAL EXAMINATIONS.................................................................... ......... 3234 � -'3 5131 1 C. CONDIFIONING TIME ............. 3234-3 2�a —5-134 � D. 1,500 HOUR RECURRENT EMPLOYEES......................................................................................................... 32353-5� 3 3 4 ARTICLE XIV - CITY COUNCIL APPROVAL............................................................................................34 EXHIBIT A - MSOA SALARY SCHEDULE ........... ....................................................................................... 3537-3733-2-7I-54- EXHIBIT B - DELTA CARE DENTAL BROCHURE................................................................................... 3739393-52841-7 EXHIBIT C - DELTA DENTAL PLAN BROCHURE ......................................... .......................................... 3849-i0W�9 EXHIBIT D- RETIREE MEDICAL PLAN ......................................................................................... ........... 3941,1 137�r�n EXHIBIT E- MODIFICATIONS TO THE EMPLOYEES -EMPLOYER RELATIONS RESOLUTIO CHANGE .............................. 49515147392426 Y EXHIBIT F - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM................................................................... 0032946.01 ii9/7/2005 7:38 AM 5- : P 24U 845 AM MEMORANDUM OF UNDERSTANDING Between THE CITY OF HUNTINGTON BEACH (Hereinafter called CITY) and THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION (Hereinafter called ORGANIZATION or MSOA) PREAMBLE WHEREAS, pursuant to California law, the City, acting by and through its designated representatives, duly appointed by the governing body of said city, and the representatives of the Association, a duly recognized employee association have met and conferred in good faith and have fully communicated and exchanged information 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 C)Gteber' 2010101 October 1 2003, and it is agreed as follows: This Memorandum of Understanding shall be in effect for a term commencing on October 1, 2000 2003 and ending at midnight on September 30, 2003 2006. 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, 2093 2006, and the City of Huntington Beach, through its representatives, shall not be required to meet and confer as to any such request. 003294"t -1- ._ a= Legis Draft 0:0:i ft, It is recognized that the Marine Safety Officers' 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#Be Marine Safety Officer I �•.- ARTICLE III - MANAGEMENT RIGHTS Except as expressly abridged or modified herein, the City retains all rights, powers and authority with respect to the management and direction of the performance of 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 0032946.01 29/7/2005 7:38 AM 1 &2 ;, ZRA191111• „, 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. 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 a • ExhibitWIN mal a* attached • and incorporated': ' DATED .c .. a . r •: . .:► ►.. ► aw ! 1 1 f 1 a r :r ► r r . r• a.r r t!�' ra ,►►.:rr. : �r w ► ►r• X r. MOMS111101SENIMUMMA Emilio]. ARTICLE VI - SPECIAL PAY 0032946.01 39/7/2005 7:38 AM91612005 5!00 . Ali 112005 8!45--, A. Education lnceg�i�e e I , Bachelor's 2Associate's Degree - 2% above the base hoqLly rate I The maximum education incentive pav shall be 4. All current, ernpigypes who do not possess the degrees, listed above shall continue to receive the education incentive f)av in effect as of the date of Q t Council ratification of this Memorandum of Understandina. Such pav shall not increase unless an emplovee obtains one of the decirees listed above. In the event an emolovee obtains an Associate's or Bachelor's dectree, on1v the wedal pav in #1 or #2 above shall api* and the followinci Education Incentive Level Plan shall no longer appolly. ueatien4nGentKs-Ran-,ha4-t�e ffia4AaiRed-a&4G4GWS-- 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 W-But 1111111 IMP =114 I 1WHj*Jffi9,L9 I An - aoceptable- --year�y--performanc-e--c�valuation, --sigaed.----by the.-Direc-tor-of Gakf-c�'- 0032946.01 — 49/7/2005 7:38 AM916/2005 5:00 PMW61-200-5-5--W- M811112005 8:45, .-appfov-e hour-&-cempleted--of-approv,ed--serfi4-i-af.s7iRstitute&i-et-G7-;-a-r-e-c-,redited..-w4h-,ane train. ing- point. ---- may -be -substituted -for co4ege-u���_ iiiiiiiiiiiii!iiiiiii III 111•M�. DireGtE-),' Of GOT _SePA;Ges� Mes"RIMMMIM 13W - responsibi-lity, B. Acting AssiqnMgOt Pay--. evei--as-signfner-iti--at-the--ratIf. -of-twetv-- and 3.ne-hatf­percenW2 IV/ Wt 21. --per-fGrm in,- the - absenc-c­Gf -Ahe--- Operatkms Lieutenant- or- A/lar-inc--Saf ety-Gh --fin'le -Off-, _sjGk skall k- leave and t �'* �;nan -,rnft full qow!�-:,�v:: 'I hI�at i ed &A : 1 1 Chief due to vacatio Marine ch full hour worked at the rate of twelve and one-half_percent 12 1/20/61 of the em lo ee�'sbas�e hourly ra*- 32. Acting Chief selection shall be made at the discretion of the Department Head or designee. Seniority will not be the controlling criteria. IN 1 M_ - - WO N U -- 0032946.01 — 59/7/20057:38AMg/6/2OO55!OOPM916/2-005-S.--OO-PM8/ii/2Oo58:45 1 f f I. # •.. Sri • ♦ Safety • a f B.Ii. i • Operator • i i • of seven months per yeaF, at the diSGretien of +,,'-,,e Director of Community SerViGes and of five months per year. f1 Certification Incidentadditional five percent (5%) inGrea-sp-pay, over their base pay hourly rate for maintaining active certification in all of the following: SCUBA/Rescue, ICS f s' • System 100 .' • •' r •SCUBA/Dry and Instructor Emer�qency Response Red Cross. 2. Marine Safetv Lieutenant — Emolovees classified as Marine Safety Lieutenant MaIIIIAMMAIII D. Holiday Pay -In -Lieu= Employees represented by the Association and actively employed by the City, in addition to regular compensation, shall receive each month 1/12 of the total holiday hours (80) earned for the year. They shall be entitled to an additional eight 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). E. Bilingual Skill; Permanent employees who are required by their Department Head to use their bilingual abilities as part of their job assignment shall be paid an additional five percent (5%) over their r-naonthty-sal base hourly rate. Employees who are required by their Department Head to utilize the bilingual skills may be required to be tested and be certified by the ar�—D, Human Resources Manj r or desnee 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. 0032946.01 69I7J2005 7:38 AM 120 8s45-. Each be counted towards the value of any other special paL. H. Re offinc to PENS pL_ Article shall be reported to PERS as special compensation. ARTICLE Vil - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT The City shall continue the existing pFaGtmGe of providing and replaGing unifeFms and sa 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. Effected Employees All employees shall wear a standard City adopted uniform. The standard adopted uniform for MSOA employees is identified Shirts in the City g)Lf tHuntinJ�ti -�ton Beach Community Services De art►rent General Order Ill. The 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 ---l. To wear a clean and complete uniform as required. 2. Uniform appearance shall be worn with pride in appearance to the public i.e., shirt buftoned, 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. 0032946.01 79/7/2005 7:38 AM91612005 5;00 PM9/6/2005-&.00--PM8Ml2005 8:45, 7. To turn in all personal protective equipment upon separation from employment. B. To wear all personal protective equipment prescribed by the City safety officer and/or Supervisor of the division. E. City Responsibilities 1. To furnish funding for the agreed uniform allowances. 2. The City will report to the California Public Employees' Retirement System (CaIPERS) 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. 3. To provide and maintain one or more retail clothing outlets for the various allotments. City reserves the right to name vendor. 4. To maintain records of purchases. ARTICLE Vill - HOURS OF WORKIOVERTIME A. Hours of Work Defined: For purposes of this article, approved vacation time, sick leave and compensatory time shall count as hours worked. B. Overtime/Compensatory Time: 1. Paid Overtime -- Employees shall receive time and one half their salary rate for all time worked in excess of their scheduled work shift. 2. Compensatory Time -- Employees may elect to receive compensatory time off (to be accrued to a maximum of 120 hours) in lieu of such overtime pay. 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 straight time pay (including differentials) for each morning and afternoon court sessions. 0032946.01 89/7/2005 7:38 AM 1 12 ai0-P MARINE FE FFICE S' CI TI N MEMORANDUM OF UNDERSTANDING b. Court Appearance -- Employees required to appear in court during other than their scheduled working hours shall receive a minimum of three (3) hours pay (including differentials) at time and one half. 4. Holidays Worked -- Employees who work on a recognized City holiday shall be compensated at time and one-half of their base pay for hours worked. C. 4110 Work Schedule Defined The 4/10 work schedule shall be defined as working four (4) days for forty (40) hours in a work week by working four (4) days at ten (10) hours per day. 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. DC. Shift Exchange: The Department shall allow employees to exchange work schedules and shifts among those of equal rank and ability, providing prior approval is obtained from the Department Director and the payback of the shift exchange is completed within sixty (60) calendar days. ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS 0032946.01 99/7/2005 7:38 AM /6/20 -0 - V 45- -0 4 M.-I. 30�Ml M. WIN, wask A. Month! VSP PFeFniUMr, C4y44an HeafthNet PaG=are Delta Denta Defta-C� Sa"uafd M&iGo Empleye Q* $283.28 V65.06 $165.0 $36.9 $22.12 $16,20 $17.5 Effooye" one $560A8 $364.66 $364-." $7-0.66 $ 37.6i 29A6 $ 17M Empkwe" Fa" $685.86 $476.68 $47-6-M $100.37- $57.51 $37.22 $17.59 rAErm ..Inv m IT- Mad& WON. A. T.:= a SAW r....Mau P. AT7-11'i La I-11, —!rn F i ME 07. . PAN- 'liea. I lieft-, A.= IMM MIN 0032946.01 10917/2005 7:38 AM91612005 5:00 PM9/6t2OO&-&W PAW 112q05 8w45 i IN ON` 6 9- - I I VO - m*-7, I k 11, UAM UAW ------------ -w- M ISS MUSIC k- All f;+ All -11--4 and is not subjeGt to the $200 maximum bene imunizatiens for iRfantsladults will be provide and GOverage-4&-Pet limited te the $200 m- enefit. 0032946.01 119/7/20057:38AM9i6/2OO55:00PMW612005-5-.00--E 8/11/21058. 'M In nloc�- MoillingaiMialMOMM, S- -3- Iraill M-, SMTMM—Iff� M", IMM"Tai: , I, -im"Oun, MwAM==—T=o -I Future-Pfemiums plan prem r rnore) and plan at th- vear 2004,4evet a1=031 I MMEMMIM Sual m affin. - ThP GiN will, as umne av, ment for pendent GAI,eFage fnr the-Tn the--+RqAt 0032946.01 159/7/2005 7:38 AM91612005 5tOO PMQXV2G0-R-5--4)&-P- 11112005 8-;45 WOMAN AM MR, Irggsgmajlll—m M- Im Mow= I I an w RUTH rl log 13 -2 a-u-wu A-,- m-- - 1. ♦ Ull a ---fk +-wa,,4 the pa undeF the PEMHGA p ggam— ITh•e f sun. r-eoresepAs-4he--parties' und byAaw4� 0032946.01 169/7/2005 7:38 AM91612005 5:00 PM9/6QO05-57-04-P 8111/205 8.A5 amallim; LK*Iam OULWI nlia 1. - -DpDtai-and VisjppAnsuranc-e -the-foflowinq-sum-w- frK)pth-towafd-4h-e— urpr-ige under, ='Mmo sml�-.Tzrwl INIM-mori-Imma Momm M-112 0032946.01 179/7/2005 7:38 AM612005 5:00 PMW6/2A4QO"--4-S - OC GiW's Tprminaltion of P patio n in th I EMH- Th, -Y -- Feeu*emen.iL �igggGie&.-&xte-nd-this--bep,efit-tG-T f��e�-�afm�ujtants fan rvuitant&4--&ha4—no--4onQev-4),---elk�b4e- --fo-r--- G jtv---ofGvWed--4T4e4iC� 4isuranGe-. A" q F-q IWTI 111" ISO - A-4-1 I m 0032946.01 19917/2005 7:38 AMM/2005 5:00 PM9W2 Will2q05 8:45 eIN 2004 32.20 2005 $48.40 2006 $64.60 PEMHCA contribution. PERS ERS Delta Delta VSP S PERSCARE PERSCNQICE PORAC KAISER Dental Dental �t HMO tiJ P L/ HMO R Is t o EE 274.03 373.77 373.77 373.77 274,03 42.88 23.00 17.58 E + 1 55.51 702.25 702.25 70225 555.51 81.82 39.11 17.58 EE+2 or more 720.18 851.34 851.34 851.34 720.18 116.36 59.81 17.58 w statedtqq EE, E�E + 1, and,. EE + 2 or more and, plan as table above for of agreement, premiums retiree and/or R w 0032946.01 229/7l2005 7:38 AM 96 6-6. 8/11I2g05 8 45 MAI Lev; rm a m AMMM.. "I I if UNI MUMOU'll.- 1111110AMM only_While the City is a particioant in the PEMHCA program. to Retirees -till HOME -rim- iml 011 I M-Plilill1,91&�3�m. mum= ellu MANWHUMM (annuitants) shall no loncler be eligible for City provided medical insurance. I I I JIMM 2000-123 Exhibit D to the Memorandum of Understandina shall be reinstated. The Citv shall make anv necessary modifications to conform to the new City_��pqn�ored mqd�ical insurance pl_qn. Each January Is' the amount per month paid to the City for each retiree and/or annuitant described above shall increase bv the (annuitant). Article IX.A.3.a. provides an example of expected h. 0032946.01 239/7/2005 7:38 AMW612005 5:00 PM9164905_51�0"_Wl VO06 8A -5 Z Z Z IFLIA L L, L, A. Benefits: 1. Public Employees' Retirement System: The Citv shall Drovide the 3% (cD.__Aqe 50 retirement formula set forth in California Government Code Section 21362.2 for all safety employees represented by the Association. If at anv time after the implementation of the 3% at aae 50 formula the ON is required to make retirement contributions with respect to employees represented b the Association, the amount with respect to which each employee is reimbursed pursuant to Article WB-.4 X.B.1. shall be reduced by a percentage equal to one-half of the percentage of compensation earnable the City is required to Pay in retirement contributions to PERS, not to exceed 2.25%. For example, if the City is required to contribute an amount equal to 2% of each employee's "compensation earnable,-." tThe amount of the reimbursement set-fGfth-44i-rtie#�. � shall be reduced from 9% of the employee's compensation earnable to 8% of the employee's compensation earnable. If, on the other hand, the City is required to contribute an amount equal to 8% of each employee's "compensation earnable," the amount of the reimbursement s, shall be reduced to 6.75% of the employee's comensation 2MMKIM 2. Self -Funded Supplemental Retirement Benefit: In the event a member elects ODtion #2 (Section 21333) or Option #3 (Section 21334) of the Public Employees' Retirement Law, and the member is a unit employee who was hired before the adoption of this MOU Memorandum of Understanding, the City shall pay the difference between such elected option and the unmodified allowance which the member would have received for his or her lift alone. This payment shall be made only to the member, shall be payable by the City during the life of the member, and upon that members death, the Citv's obligation shall cease. The method of funding 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. (Note: The options provide that the allowance is payable to the member until his or her death, and then either the entire allowance (0r)tion #2). or one-half of the allowance Motion #33 is paid to the beneficiary for li Up 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. 0032946.01 289/7/2005 7:38 AM902005 5:00 PA49169005-6.02EP18AV2105 8- L ��Jggl to] Ing Fixg1#111g, 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. NMI RUMM P2=2roliza 112M.M.] 214M 1. M N rAMOMITATIi . ..... "-wol, IRMO* 1 -2 11 At - WMATIN a 1. Emr)lovees' Contribution: Each emDlovee covered by this acireement shall be the Internal Revenue Code. 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 As soon as practicable after Citv Council ratification of the MOJJ this Memorandum of Understandina. the City shall amend its PERS contract for safety employees to add the Pre -Retirement Optional Settlement 2 Death Benefit. ARTICLE X11 - 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. 0032946.01 29917/2005 7:38 AM916t2OO5 5.:00 PMOX)1200"-.- ­A4811112405 845 1. Accrual: Permanent employees in City service, having an average workweek of forty (40) hours,. 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. All employees shall be entitled to annual vacation with pay except under the following circumstances: 1) Employees who have not completed six (6) months continuous service with the City. 2) Employees who work less than full-time. 3) Employees on leave of absence. b. For the purpose of computing vacation, an employee's anniversary date shall be the most recent date on which he commenced full-time City employment. c. No vacation may be taken until the completion of six (6) months of service. Permanent, part-time employees assigned a work schedule of less than 30 hours but more than 20 hours per week shall receive vacation in one-half the amounts set forth above. Employees assigned to a workweek of less tan 40 and more than 30 hours per week shall receive vacation in three - fourths the amounts set forth above. d. No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not be accrued in excess of 320 hours. 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 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. Cash Advance -- Upon two week written notification to the Director of Finance, each employee shall be entitled to receive his earned vacation pay, less deductions, in advance, prior to his regular scheduled annual vacation. 0032946.01 309/7/2005 7:38 AM 9/6/20-5-, 811412405 9145 Such advancements are limited to one during each employee's anniversary year. b. Pay -Off at Termination -- No employee shall be paid for unused vacation other than upon termination of employment at which time such terminating employee shall receive compensation at his current salary rate for all unused, earned vacation to which he is entitled up to and including the effective date of his termination. 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 I.E. above. I SiGk leave may be used for an abseRGe due te illness of the employee's spouse e Ghild when the employee's presence is required at home, pFevided that suGh absenGes shall be limited to five (5) days per C. Leave Benefit Entitlements Employees will be allowed to use up to one-half of their annual Sick Leave accrual for family sick leave, pursuant to the provisions of California Labor Code Section 233 for an a to ee to care for a chit arent ors Dose urin illness. The city will provide family and medical care leave for elioible emplovees 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 entitlements 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. D. Bereavement Leave: Employees shall be entitled to Bereavement Leave not to exceed three (3) working days per calendar year in instance of death in the immediate family. lFriate steprnotheF, stepsisters, stepbrothers, mother : father in r grandpare Immediate family is defined as father, mother, sister, brother, spouse, children, grandfather, grandmother, stepfather, stepmother, step grandfather, stepgrandmother, 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. 0032946.01 319/7/2005 7:38 AM 9/ 2 M8F11!2gO5 8 S E. 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. F. Voluntary_ Catastrophic Leave Donation Program Under certain conditions, employees may donate leave time to another employee in need. The program is outlined in Exhibit F of this Memorandum of Understanding. ARTICLE XII - CITY RULES The City and the AssoGiation agree to implement the rule changes and aGGerdingly the Personnel Rules as described-ire-Exl E. All Memorandum of Understanding provisions that supercede the City's Personnel Rules shall automatically be incorporated into the City's Personnel Rules as applicable. 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 corrective action and 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. C. Conditioning Time: Unit employees may be allowed up to one 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 1,500 work hour per year in non-HBMSOA positions, subject to official change in Personnel Rules 5-24. s •, s '' s •, ;:s 0032946.01 329/7/2005 7:38 AM 12005-5. 8111 Qg05 8:45 In the event that a payroll over payment is discovered and verified, and considering all reasonable factors including the length of time that the over payment was made and if and when the employee could have reasonably known about such over payment, the City will take action to collect from the employee the amount of over payment(s). Such collection shall be processed by payroll deduction over a reasonable period of time considering the total amount of over payment. In the event the employee separates from employment during the collection period, the final amount shall be deducted from the last payroll check of the employee. If applicable, the balance due from the employee shall be communicated upon employment separation if the last payroll check does not sufficiently cover the amount due the City. It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error. The City reserves the right to also collect compensation over payments caused by or the result of misinterpretation of a pay provision by non -authorized personnel. The interpretation of all pay provisions shall be administered by the City Administrator or designee and as adopted by the City Council. Unauthorized compensation payments shall not constitute a past practice. 0032946.01 339/7/2005 7:38 AM 16=0 P 05 8AS TUI - TTAIM i�i 'Ul Nuo 1214 O Out.- ltl 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 2005. 1 M M M M M CITY OF HUNTINGTON BEACH A Municipal Corporation Irma Youssefieh f f (Z "M"Eimll 3 ..[=r=&007.ua 211m] M M 0 M- HUNTINGTON EACH MARINE SAFETY OFFICERS'ASSN. 19mogrinimmi 0032946.01 - 349/7/2005 7:38 AMO/612005 &00 RM9/612-0044-40 8111/2405 8:45• Effective September 25._004� Ia e increase of 4°la -- Step Job Code Classification Range A B C D E $4,441 $4,685 $4,943 $5,216 $5,502 0467 Marine Safety Officer 1 494 $25.62 $27.03 $28.52 $30.09 $31.74 $5,032 $5,309 $5,601 $5,909 $6,234 0468 Marine Safety Officer 11 519 $29.03 $30.63 $32.31 $34.09 $35.96 $5,644 $5,955 $6,282 $6,627 $6,991 0105 Marine Safety Lieutenant 542 $32.56 $34.35 $36.24 $38.23 $40.33 Step Job Code Classification Range A B C D E $4,619 $4,873 $5,143 $5,426 $5,724 0467 Marine Safety Officer 1 502 $26.65 $28.12 $29.67 $31.30 $33.02 $5,236 $5,524 $5,828 $6,149 $6,487 0468 Marine Safety Officer II 527 $30.21 $31.87 $33.62 $35.47 $37.42 $5,872 $6,195 $6,536 $6,895 $7,274 0105 Marine Safety Lieutenant 550 $33.88 $35.74 $37.71 $39.78 $41.97 Effective September 24, 2005 LWage increase Of 4%) 0032946.01 369/7/2005 7:38 AM 8 MSQA MARINESAFETY A MEMORANDUM OF UNDERSTANDING ,d f �.. � � � �; s �; x :fir ►.. may be obtained • Pe%onnel Human Resources 4. ItM Division -37- MSOA Leis Draft 080805, v1 R?«+»■, ?"?#??©°»+» +»2«?�X«�#2 MEMMEEkTARal #2d «©?dyymaag gltn jam-11--mle DELTA DENTAL PLAN -BROCHURE may beobtained fr the e�2 Human Resources Division 039601 3$7/205 73 AM916/2005 8111/2005 : if lw RINOMEM, O'llim M'm— M, !a. -W - , En , --:.r .Lr.:!r7,-9r.T2,r2 20 ...•........ .K 0032946.01 409/7/2005 7:38 AM91612005 &00 PMWV2OO5----5--00 P 8111/2005 8A5 ARA $4-2 t' _44 436 44 4-8t 4-5 -96 _77 4-7- 2�'}�4� 226 48 244 4-9 256 20 27-1 24 2f86 2-2 2' - 00 3. ..ars s...service a) m a tea.ferthe Retiree s..aa• Subsidy MlediGal Plan .. aGtual aeempipted a s • . a the •aaesi lRt R G a Reokrulhl. 0032946.01 41917/200501 00 ,♦ W: 00 0032946.01 439/7/2005 7:38 AM 0 -- Subsidy may be aclausted downward or eliminated. 0 . . 4 0 . . * 0 - 11�11; I •mlim 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. retirement, eligibility for Service Credit Subsidy begins after an employee has completed ten (10) years of continuous regular (permanent) service with the City o Huntington Beach. Said service must be continuous unless prior service is reinstated at the time of his/her rehire in accordance with the City's Personnel Rules. To receive the Service Credit Subsidy retirees are required to Purchase medical insurance from City sponsored plans. The City shall have the right to require any retiree (annuitant) to annually certify that the retiree is purchasing medical insurance benefits. 5. Disability Retirees - Industrial disability retirees with less than ten (10) years of service shall receive a maximum monthly payment toward the premium for health insurance of $120. Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. ii oIt ij, �: xlmrolwm. . • •• U In if tits t-1161 11411kyltaAMPA 51mort"Totim 0032946.01 1:1,777 11. M"IMETTE-MM 7:38 AM91612005 6:00 PM9XV24"---S-.00 Service Credil Years • Service Subsid 10 LL20 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 • Subsidy will be reduced every January lst by an the retiree (annuitant). Article IX.A.3.a. provides an example of expected reductions per retiree per • Z 0032946.01 47917/2005 7:38 AMIDW2005 5;00 PM9/6124"-4-0 p 1 11 1 1 * 11 1 1 1 J��WWIRRENTPWTII BUT tolgAmug p his/herspouse is not eligible for paid. Part A of Medicare, the spouse shall not receive the subsidy. When a retiree at age 65 is not eligible for paid Part A of Medicare and his/her spouse who is also age 65 is eligible for paid Part A of Medicare, the subsidy shall be for the retiree's Part A only. 111111111� !11 11 11 li : : I I : I I following ca cellation provisions apply. i. Coverage for a retiree under the Service Credit Subsidy Plan will be eliminated on the first day of the month in which the retiree reaches age 65. being considered "eligible to make application," whether or not application has been made for Medicare, the Service Credit Subsidy Plan will be eliminated. 0032946.01 489/7/2005 7:38 AM91612005 PhAF1111120 EXHIBIT E — MODIFICATIONS TO THE EMPLOYEES -EMPLOYER RELATIONS RESOLUTION The City and the employee, or .. .. may, by mutual GOnsent, extend the time period wit AB. Employer -Employee Relations Resolution 1. Modification of Section 7 — Decertification and Modification a) The City and the Association desire to maintain labor stability within the representational unit to the greatest extent possible, consistent with the employee's right to select the representative of his or her own choosing. For these purposes, the parties agree that this Agreement shall act as a bar to appropriateness of this unit and the selection of the representative of this unit, except during the month of August prior to the expiration of this Agreement. Changes in bargaining unit shall not be effective until expiration of the MOU Except as may be determined by the Personnel Commission pursuant to the procedures outlined below. This provision shall modify and supersede the time limits, where inconsistent, contained in Section 7 of the current Employer - Employee Relations Resolution of the City of Huntington Beach. b) The City and the Association have agreed to a procedure whereby the City, by and through the Personnel Director, would be entitled to propose a Unit Modification. The Association and the City agree to jointly recommend a modification of the City of Huntington Beach Employer -Employee Relations Resolution (Resolution Number 3335) upon the City's having completed its obligation to meet and confer on this issue with all other bargaining units. The proposed changed to the Employer -Employee Relations Resolution is as follows: 7-3. Personnel Direction Motion of Unit Modification — The Personnel Director may propose, during the same period for filing a Petition for Decertification, that an established unit be modified in accordance with the following procedure: 1) The Personnel Director shall give written notice of the proposed Unit Modification of Modifications to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Personnel Director's rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for Appropriateness of Units. Additionally, the Personnel Director shall provide all affected employee organizations with all correspondence, memoranda, and other documents which relate to any input regarding the Unit Modification which may have been received by 0032946.01 579/7/2005 7:38 AM91612005 5.00 RM 1612006 5°00 f PMA112005 8145I EXHIBIT E — MODIFICATIONS TO THE EMPLOYEES -EMPLOYER RELATIONS RESOLUTION the City or from affected employees and/or sent by the City to affected employees; 2) Following receipt of the Personnel Director's Proposal for Unit Modification any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the Motion for Unit Modification to the Personnel Commission; 3) The Personnel Commission shall conduct a noticed Public Hearing regarding the Motion for Unit Modification at which time all affected employee organizations and other interested parties shall be heard. The Personnel Commission shall make a determination regarding the proposed Unit Modification which determination may include a -granting of the motion, a denying of the motion, or other appropriate orders relating to the appropriate creation of Bargaining Units. Following the Personnel Commission's determination of the composition of the appropriate Unit or Units, it shall give written notice of such determination to all affected employee organizations; 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. ��Nflffi ON - S • a r •Jim - r 0032946.01 589/7/2005 7:38 AM PM811112005 8245. MODIFICATIONS • THE EMPLOYEES-EMPLOYERRELATIONS RESOLUTION 101 • _ . . employed . =i = . . . . . _ - 12 1 f W I a r. M 0032946.01 64917/2005 7:38 AM91612005 5 00 PM941 n . IN A EXHIBIT F — VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Guidelines 1. Purpose The purpose of the voluntary/ catastrophic leave donation program is to bridge employees who have been approved leave time to either; return to work, long- term disability, or medical retirement. Permanent employees who accrue vacation, general leave or compensatory time may donate such leave to another permanent employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The leave-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. ONAMSIM&A Permanent employees who accrue vacation or general leave may donate such hours to eligible recipients. Compensatory time accrued may also be donated. An eligible recipient is an employee who: • Accrues vacation or general leave; • Is not receiving disability benefits or Workers' Compensation payments; and • Requests donated leave. 0032946.01 65917/2005 7:38 AM M EXHIBIT F — 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 n employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Employees wanting to make donations will submit an Authorization for Donation to the Human Resources Division (payroll). All donation forms submitted to payroll will be date stamped and used in order received for each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. 6. Other Please contact the Human Resources Division on questions regarding employee participation in this program. 0032946.01 669/7/2005 7:38 AMM/2005 5 00 PMW612005- : 0 PM8A5 AM EXHIBIT F — VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Request Form According to the provisions of the e ve Voluntary Catastrohic 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 iniuryhas been approved by my department; and • 1 am not receiving disability benefits or Workers" Compensation payments. Please return to the Human Resources Division for processing 0032946.01 679/7(2005 7:38 AM9;612005 a 0o--i�M :6120 5 a:90 EXHIBIT F — VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete 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: Please submit to Pavro4Pavroll in the Human Resources Division. 0032946.01 689/7/2005 7:38 AM Phi . RCA ROUTING SHEET INITIATING DEPARTMENT: DEPUTY CITY ADMINISTRATION SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION COUNCIL MEETING DATE: I September 19, 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findin s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS. REVIEWED RETURNED FOR'' ARDE Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk RCA Author: Irma Youssefieh