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Home My WebLink AboutMSOA - Marine Safety Officers Association - aka - MSMA - Marine Safety Management Association - 2007-01-16Council/Agency Meeting Held: a Deferred/Continued to: proved 0 Conditionally Ap roved ❑ Dentd O y Cler 's Sign ure Council Meeting Date: 03-01-10 Department ID Number: HR 10-08 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City SUBMITTED BY: Fred A. Wilson, City Ad PREPARED BY: Michele Carr, SUBJECT: Marine Safety Of f and Modifying the Statement of Issue, Funding Source, cil r sociation Side -Letter Agreement Extending MOU , Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: City and Marine Safety Officers' Association (MSOA) representatives have met and conferred regarding extending and modifying the expired Memorandum of Understanding. Funding Source: N/A Recommended Action: Motion to: Adopting Resolution No. 2010- :24: , a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Marine Safety Officers' Association (MSOA), By Adopting the Side Letter Agreement Alternative Action(s): Do not Adopt Resolution No. 2010- 24 , a Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Marine Safety Officers' Association (MSOA) REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 03-01-10 DEPARTMENT ID NUMBER: HR 10-08 Analysis: Staff met with representatives of the Marine Safety Officers' Association (MSOA) to discuss alternatives to assisting the City of Huntington Beach in meeting its future projected economic shortfalls. MSOA was provided with a variety of labor cost and expense data related to its membership. As a result of the discussions and exchange of data, the City and MSOA have agreed to extend the expired MOU and to make the modifications thereto as summarized herein: The MOU is extended effective October 1, 2009 through September 30, 2011 ® No wage increases or changes to wage -related compensation or benefits ® MSOA to increase its share of the employee -paid contribution to CalPERS by two percent (2%) from 2.25% to 4.25%, effective April 3, 2010 through the end of the pay period that includes September 30, 2011 ® The bi-annual physical examination benefit is suspended through September 30, 2011. • Review of position titles (only) to consider conformity with the "California Surf LifeSaving Association Lifeguard Job Title Model" Finance has estimated the savings to the City for this unit at $43,500 for a period of 18 months. Labor representatives and City Administration have met and conferred regarding the proposal; and MSOA has agreed to the proposal (side -letter agreement is hereby incorporated as an attachment). Strategic Plan Goal: Maintain financial viability and reserves. Maintain public safety. Environmental Status: N/A Attachment(s): 1 1. Resolution 2010- 24_ Amending the Memorandum of Understanding between the City of Huntington Beach and the Marine Safety Officers' Association (MSOA) by adopting the side letter of agreement, including Exhibit A: The Side Letter Agreement. -2- 3/1/2010 2:39 PM .- v .._ r �� .� - i -r�u^ j � s.: k�. fir_. 5 �� 3_� RESOLUTION NO. 2010-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXTENDING AND AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION (MSOA), BY ADOPTING THE SIDE LETTER OF AGREEMENT WHEREAS, on January 16, 2007 the City Council of Huntington Beach adopted Resolution No. 2007-4 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Huntington Beach Marine Safety Officer's Association (MSOA); Subsequent to the adoption of the MOU, the City of Huntington Beach and MSOA agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and MSOA ("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter is regarding extension of and modification to the MOU. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. Section 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and MSOA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st day of March, 2010. -z2fi� �� APPROVED: Ci APPROVED AS TO FORM: Exhibit "A", Resolution No. 2010-24 City of Huntington Beach .SIDE LETTER AGREEMENT Representatives of the Huntington Beach Marine Safety Officers' Association ("MSOA") and the City of Huntington Beach ("City") hereby agree to the following terms related to the MSOA MOU with respect to the following: ARTICLE I - TERM OF MOU This Memorandum of Understanding (MOU) shall be extended for the period October 1, 2009 and end at midnight September 30, 2011. 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 I The City and the Association agree to a job title survey in which the study agencies are to include the Newport Beach Fire Department Lifeguard Division and the Los Angeles County Fire Department Lifeguard Division. The City agrees to review the assignment titles (only) of this unit and consider re -titling (only) in accordance with the "California Surf Lifesaving Association Lifeguard Job Title Model". The City and Association agree to meet and conclude the review no later than September 30, 2010. CONCESSION ITEMS The MSOA agrees to the following concession items that will sunset at the expiration of this MOU extension. 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.I. shall be modified accordingly. Exhibit "A", Resolution No. 2010-24 B. Public Employees' Retirement System Reimbursement and Reporting: 1. Employees' Contribution: Each employee covered by this agreement shall be reimbursed an amount equal to nine percent (9%) of the employee's base salary plus education incentive pay as pickup of a portion of each employee's CalPERS contribution. The above CalPERS pickup is not base salary but is done pursuant to Section 414(h)(2) of the Internal Revenue Code. a. Article X.B.1. is hereby modified such that the combined City -paid and employee -paid contribution equals 9%. The City shall pay 4.75% of each employee's "compensation earnable" of the employees' contribution of 9%. All employees covered by this agreement shall pay 4.25% of "compensation earnable" towards the employees' contribution of 9%. AIR'TICLE XIII — MISCELLANEOUS B. Physical Examinations The City agrees to pay for bi-annual physical examinations, to include stress EKG. A copy of the physical examination shall be provided to the employee only, upon his request. The Physical Examinations benefit as outlined herein is hereby suspended effective upon implementation of this agreement and shall be suspended continuously through September 30, 2011. C. PERSONNEL RULE 5-21. REEMPLOYMENT LISTS- MODIFIED Personnel Rule 5-21 shall be modified during the term of this contract extension(s) to provide that in the event any employee represented by the Marine Safety Officers' Association is demoted in lieu of layoff, that individual shall be placed at the top of a re-employment list for the classification from which the individual was demoted and shall be given first opportunity to fill any vacancy in that classification or the new classification which succeeded the one from which the employee was demoted irrespective of how much time transpires between the demotion and the existence of the vacancy. Side -Letter Implementation The provisions contained in this side letter are effective following approval by the City of Huntington Beach City Council and will remain in full force and effect unless otherwise specifically modified, either by subsequent side -letter or a successor memorandum of understanding. Exhibit "A", Resolution No. 2010-24 The parties agree that this side -letter agreement and the implementation thereof will not be subject to Personnel Rule 19 - Grievance Procedure/Non-Disciplinary Matters, or otherwise appealed either administratively or in a court of competent jurisdiction. IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to be executed by and through their authorized officers on 1?26e- n,;, CR oho Huntington Beach Marine Safety Officers' Association Michael S. Bartlett President Dated:- 3 Michael A. Beuerlein Negotiations Team Member Dated: 3�� I / D City of Huntington Beach Miele Carr rector of Hu A OVE® AS TO FORM: � aC� :4nnifer M. McGrath City Attorney Dated: U Res. No. 2010-24 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on March 1, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen NOES: None ABSENT: None ABSTAIN: None Ny Clerk and ex-offici Clerk of the City Council of the City of Huntington Beach, California 1of -\ AZOOM I L1 I_ - INITIATING DEPARTMENT: Human Resources SUBJECT: MSOA Side Letter Agreement COUNCIL MEETING DATE: March 1, 2010 Ordinance (w/exhibits & legislative draft if applicable) Attached LJ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorne) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Ap licable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable RCA Author: MSC TO: FROM: DATE: SUBJECT: Interdepartmental Demo Joan Fly Michele March 1, Late CommWication: RCA for Marine Safety Officers' Association (MSOA) The Human Resources Department submitted RCA HR 10-08 for Council Action. After the documents were submitted, discussions with MSOA resulted in an agreement to make modifications to the present MSOA Memorandum of Understanding to assist the City of Huntington Beach in meeting its future projected economic shortfalls. Please replace RCA HR 10-08 with the modified RCA package. Thank you in advance for your help. Attachments: Revised RCA Attachment 1: Resolution Exhibit A: The Side Letter of Agreement Late Comm Memo - MSOA RCA Package -1- 3/1/2010 2:59:00 PM Council/Agency Meeting Held: Deferred/Continued to: ❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sig f ture Council Meeting Date: 03/01/10 Department ID Number: HR 10-08 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City C SUBMITTED BY: Fred A. Wilson, Ci xomf, PREPARED BY: Michele Carr, Dir c SUBJECT: MSOA Concess Statement of Issue, Funding Source, Recommended Rctjdn, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: City and Marine Safety Officers Association (MSOA) representatives have met and conferred regarding a variety of options with respect to possible labor -related concessions. To date, no firm agre7ments have been reached. Funding Source: N/A Recommended Action: Alternative Action(s): tinue discussions until agreement is reached. Discontinue discussions. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 03/01/10 DEPARTMENT ID NUMBER: HR 10-08 Analysis: Staff met with representatives of the Marine Safety Officers' Association (MSOA) to discuss alternatives to assisting the City of Huntington Beach in meeting future projected economic shortfalls. MSOA was provided with a variety of labor cost and expense data related to its membership. The City and MSOA met and discussed several issues related/to the unit. To date, no specific plans have been agreed to at this time. Labor representatives and City Administration have met options; and the City and MSOA have not yet agreed to a! Strategic Plan Goal: Maintain financial viability and our reserves. Environmental Status: N/A Attachment(s): N/A conferred regarding possible Ic proposal. hhh j``ts j L ri .1�7 -2- 2/24/2010 11:29 AM RCA ROUTING SHEET INITIATING DEPARTMENT: Human Resources SUBJECT: MSOA Concessions COUNCIL MEETING DATE: March 1, 2010°` \�\ .s - \ \ RCA ATl'A, !°I�IENTS \\ " STD 1rUS v a. y_ ..,.s �,w �....s .... Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not, 4 licable Resolution (w/exhibits & legislative draft if applicable) Attached /Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ElNot Applicable Fiscal Impact Statement (Unbudgeted, over $5,000)" Attached ❑ ,✓ Not Applicable Bonds (If applicable) Attached ❑ �` Not Applicable Staff Report (If applicable) f' Attached ❑ Not Applicable Commission, Board or Committee Repot (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or" Denial Attached ❑ j Not Applicable EXILA TI 15! OATiAH.. TS \\ REVIEWED \\ RETURNED 1=OR ICED Administrative Staff Deputy City Administrator (initial) ( ) ( ) City Administrator (initial / ( ( ) City Clerk / ( ) EXPLANATION FOR R, T: RN OF ITEM :.. .. / / . , .. f. RCA Author: MSC Council/Agency Meeting Held: .� b Deferred/Continued to: AAppr I ed ❑ Conditionally Approved ❑ Denied City C 's Sig ature Council Meeting Date: 3/16/2009 Department ID Number: HR SUBMITTED TO: SUBMITTED BY: PREPARED BY: SUBJECT: CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION Honorable Mayor and City (:bVncil Members Fred A. Wilson, City Adm Michele Carr, Dan Villella, Fina e irector Adopt Resolutions adopting Side Letter Agreements on the MOUs and Resolution with City's Bargaining Units Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City of Huntington Beach and all employee bargaining units have met and conferred and agreed to modification of their respective MOUs and Resolution regarding supplemental retirement benefit options. Funding Source: There is no funding required for the recommended action. Recommended Action: Motion to: Adopt the following Resolutions: Resolution No.2009-12 A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Police Officers' Association (HBPOA), By Adopting The Side Letter Of Agreement. Resolution No.2009-13 A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Police Management Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 20ng-1 4 A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Marine Safety Officers Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2p0g_1 A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The ter` Huntington Beach Firefighters' Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-16A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Fire Management Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-17A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Management Employees Organization, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-18A Resolution Of The City Council Of The City Of Huntington Beach Amending The Memorandum Of Understanding Between The City And The Huntington Beach Municipal Employees' Association, By Adopting A Side Letter Of Agreement Regarding Supplemental Retirement Benefit Options. Resolution No. 2009-19 A Resolution of the City Council of the City of Huntington Beach Amending the Resolution Between the City and the Non -Associated Employees Regarding Supplemental Retirement Benefit Options. Alternative Action(s): Do not adopt the Resolutions. Analysis: CalPERS permits a retired annuitant to select either an unmodified pension benefit or to select a modified pension benefit option. CalPERS provides a total of five modified pension benefit options (2, 2W, 3, 3W & 4). Presently, the City's existing MOU and resolution language does not reflect all available options as part of the negotiated Supplemental Retirement benefit. Pursuant to the benefits provided by CalPERS, at retirement an employee may choose to receive the highest allowance (the Unmodified Allowance) provided by CalPERS while the employee is alive or the employee may choose to leave a portion of their pension benefit to a beneficiary upon their death (Attachment 1). If the employee chooses to leave a portion of their pension to a beneficiary, they are required to choose one of four survivor benefit options (ostensibly the option that provides the maximum pension benefit to the beneficiary). Selecting an option, other than the Unmodified Allowance, reduces the employees monthly retirement allowance. The amount of this reduction depends on which option is selected. The City agreed to pay retirees hired before 1997 or 1998, depending on bargaining unit, a Supplemental Retirement benefit which is the difference between the retiree's unmodified CalPERS allowance and the option that is chosen by the employee. Depending on the bargaining unit, the City agreed to pay the difference only if the employee chose Options 2 or 3 (or in some cases only Option 2) as defined in each MOU or resolution. In most cases, if an employee chooses Option 2 (or 3) the City is required to pay more in Supplemental Benefits than if the employee would have selected any other option. To provide a uniform method of applying the MOU or resolution provision, and to provide City retirees a benefit that will save the City money, City management met with all affected bargaining units and agreed that the City should provide the Supplemental Benefit for optional retirement settlements 2, 2W, 3, 3W & 4. Currently there are 540 retirees receiving this benefit. In addition, there are approximately 450 employees eligible for the benefit that were employed by the City prior to the elimination of the benefit.. This benefit is no longer available to new hires or employees hired after December 27, 1997. Annually the City retains a professional consulting firm to perform an actuarial valuation of the Retirement Supplement Plan. As of September 30, 2008 the Actuarial Accrued Liability of the Plan totaled just over $51 million. City assets assigned to the plan as of September 30, 2008 totaled just over $20 million, leaving an unfunded liability of approximately $30 million. As part of the actuarial analysis the consultant identifies an annual required contribution to the plan for purposes of amortizing the payment of the unfunded liability at a level amount over a 30 year period. The annual required contribution for fiscal year 2008/09 is anticipated to be $3.07 million The action recommended does not increase the unfunded liability of the Retirement Supplement Plan as the actuarial analysis assumes that future participants in the plan will enroll in the most expensive option available. This is done to insure that adequate resources are dedicated to the plan on an annual basis. A separate action item on the March 16, 2009 City Council agenda recommends the establishment of a Supplemental Retirement Trust and the selection of a professional investment firm to provide investment and trust related services under the oversight of a Retirement Board. Strategic Plan Goal: Fully understand the financial implications of financial decisions before they are made, and recognize and disclose fiscal impacts of the pension crisis. Environmental Status: Not Applicable Attachment(s): 1. LIST OF RETIREMENT BENEFIT OPTIONS 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION (HBPOA), BY ADOPTING THE SIDE LETTER OF AGREEMENT 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE MARINE SAFETY OFFICERS ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES ORGANIZATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH MUNICIPAL EMPLOYEES' ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT 9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE RESOLUTION BETWEEN THE CITY AND THE NON - ASSOCIATED EMPLOYEES REGARDING SUPPLEMENTAL RETIREMENT BENEFIT OPTIONS. ATTACHMENT NO. 1 DECISIONS TO MAKE rsEFORE YOU RETIRE Your Options at Retirement At retirement, you can choose to receive the highest benefit payable, which is referred to as the "Unmodified Allowance." The Unmodified Allowance provides a monthly benefit to you that ends upon your death. You also have the choice of requesting a reduction in the Unmodified Allowance to provide a lump -sum or monthly benefit for a beneficiary upon your death. This section gives you an overview of various options available to you at retirement. Option 1 This retirement option provides a lump -sum payment of your remaining member contributions to your beneficiary after your death. The reduction to your monthly benefit to provide this payment is based on your life expectancy at retirement and the amount of your contributions. You may name one or more beneficiary(ies), and can name a new beneficiary at any time. If you name someone other than your spouse or registered domestic partner as your Option 1 beneficiary(ies), upon your death your spouse or domestic partner may still be entitled to a community property share of any remaining contributions. The following options 2, 2W, 3, 3W, and 4 provide lifetime monthly benefits to your designated beneficiary. The reduction to your monthly benefit to provide a monthly allowance to your beneficiary is based on both your life expectancy at retirement and your beneficiary's — the younger your beneficiary, the greater the reduction. If you have someone eligible for Survivor Continuance, the reduction is applied only to the option portion ofyour allowance. (Seepage 9 for more about Survivor Continuance.) In most cases, you may name only one beneficiary, and your designation may not be changed after retirement except under limited circumstances. You may name someone other than your spouse or registered domestic partner for a lifetime death benefit allowance under options 2, 2W, 3, 3W or 4. However, your spouse or registered domestic partner may be entitled to a community property share of the beneficiary's monthly death benefit. Option 2 The same retirement allowance you receive will be paid to your beneficiary for life. If Survivor Continuance applies (See Page 9), and your beneficiary is not your eligible survivor, the beneficiary's allowance will not include the Survivor Continuance portion. Your retirement allowance will increase to the Unmodified Allowance if: Your beneficiary dies; or Your non -spouse or non -domestic partner beneficiary waives entitlement to the Option 2 benefit. 888 CaIPERS (or 888-225-7377) 1 www.calpers.ca.gov Your beneficiary is your spouse or domestic partner legally recognized in California and upon a divorce, legal separation, termination of partnership, or annulment you provide CalPERS with a judgment that awards you the entire interest in your CalPERS benefits; and You notify CalPERS of the change. Option 2W As an alternative to the Option 2, you may elect the slightly higher allowance under Option 2W. However, your allowance will not increase to,the Unmodified Allowance under the situations described in Option 2. Option 3 In this option, one-half of your monthly retirement allowance will be paid to your beneficiary for life. If Survivor Continuance applies (See Page 9), and your beneficiary is not your eligible survivor, the beneficiary's allowance will not include the Survivor Continuance portion. Your retirement allowance will increase to the Unmodified Allowance if • Your beneficiary dies; or • Your non -spouse or non -domestic partner beneficiary waives entitlement to the Option 3 benefit; • Your beneficiary is your spouse or domestic partner legally recognized in California and upon a divorce, legal separation, termination of partnership, or annulment you provide CalPERS with a judgment that awards you the entire interest in your CAPERS benefits; and • You notify CaIPERS of the change. Option 3W As an alternative to the Option 3, you may elect the slightly higher allowance under Option 3W. However, your allowance will not increase to the Unmodified Allowance under the situations described in Option 3. Option 4 Option 4 is a somewhat flexible option. There are several unique variations of Option 4, each specifically designed to mesh with various situations that might apply to you. If you are interested in choosing a lifetime option, you should familiarize yourself with these options by obtaining the CaIPERS publication A Guide to CaIPERS Retirement Option 4. The amount payable to your beneficiary under Option 4 cannot exceed the amount payable under Option 2W. In addition, with any variation of Option 4, your allowance will not increase to the Unmodified Allowance under the situations described in Option 2 or 3 CalPERS Member Publication I Local Miscellaneous Survivor Continuance In making a decision about whether to reduce your Unmodified Allowance to provide for a beneficiary, you will want to consider if your employer offers Survivor Continuance. This is a contracted employer -paid benefit that public agency employers can offer you. This benefit consists of a monthly allowance that automatically continues to an eligible survivor following your death after retirement regardless of the retirement option you select. Who is Eligible? Your spouse, if you were married for at least one year before your retirement and remained married until the date of your death, will receive the Survivor Continuance benefit for life. (For disability retirement, you need only to have been married at retirement and remained married until the date of your death.) • Your domestic partner, if you were legally registered at least one year prior to your retirement and continuously until your death, will receive the Survivor Continuance benefit for life. (For disability retirement, you need only to have been registered as domestic partners at retirement and remained registered until the date of your death.) • If you do not have an eligible spouse or registered domestic partner, your natural or adopted children under age 18, who have never been married, will receive this monthly benefit until marriage or age 18. A child who was disabled prior to age 18, never married, and whose disability has continued without interruption will receive this benefit until the disability ends or until marriage. • Qualifying financially -dependent parents; if none of the above. 888 CaIPERS (or 888-225-7377) 1 www.calpers.ca.gov ATTACHMENT NO. 4 RESOLUTION NO. 2009-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE MARINE SAFETY OFFICERS ASSOCIATION, BY ADOPTING A SIDE LETTER OF AGREEMENT REGARDING SUPPLEMENTAL RETIREMENT BENEFIT OPTIONS WHEREAS, the City Council of Huntington Beach adopted Resolution No. 2007-4 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Marine Safety Officers Association (MSOA); and Subsequent to the adoption of the MOU, the City of Huntington Beach and the MSOA agreed to changes to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the MSOA ("Side Letter of Agreement") attached hereto as )Exhibit A and incorporated herein by this reference. The Side Letter of Agreement pertains to supplemental retirement benefits options, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the MSOA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of March 1200 9 . , Id If &4� Mayor *REVIEND APPROVED: C ty Attorney . Fig 26361 Exhibit "A", Resolution No. 2009-14 SIDE LETTER AGREEMENT--MSOA Representatives of the Huntington Beach Marine Safety Officers' Association ("MSOA") and the City of Huntington Beach ("City") have met and conferred on July 28, 2008 and hereby agree to the following terms related to the Supplemental Retirement Plan pursuant to Article X A.2. of the MOU between MSOA and City effective October 1, 2006. EMPLOYEE SUPPLEMENTAL RETIREMENT PLAN: Effective June 16, 2008 , Article X A.2. of the MOU between MSOA and City is hereby deleted and replaced as follows: 2. Self Funded Supplemental Retirement Benefit In the event an employee elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employees' Retirement Law, and the employee is a unit employee who was hired before November 2, 1998, the City shall pay the difference between such elected option and the unmodified allowance which the employee would have received for his or her life alone as provided in California Government Code sections 21455, 21456, 21457 and 21548 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the employee, shall be payable by the City during the life of the employee, and upon that employee's death, the City's obligation shall cease. The method of funding for this benefit shall be at the sole discretion of the City. This benefit is vested for employees hired before November 2, 1998. All unit employees hired on or after November 2, 1998 shall not be eligible for this benefit. For MSOA For the Huntington Beach Pre t it Administrator Dated: �� 0 Dated: March 4 2009 Approved as to form: ennifer Mc ath, City A r ey AV- I Dated: / . & - b� 25955 Res. No. 2009-14 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on March 16, 2009 by the following vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen NOES: None ABSENT: None ABSTAIN: None CityVlerk and ex-officiodArk of the City Council of the City of Huntington Beach, California Council/Agency Meeting Held: /1/b Zd007. Deferred/Continued to: jjCA proved ❑ Conditionally A pr ved ❑ Denied Q/2v-� City le Sign re Council Meeting Date: 1/16/2007 Department ID Number. ADCS-07-01 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR/ AND CITY COUNCIL MEMBERS SUBMITTED BY: PE "LOPELBRETH-GRAFT, CITY ADMINISTRATOR PREPARED BY: ROBERT HALL, DEPUTY CITY ADMINISTRATOR (�� SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION Statement of Issue, Funding Source, Recommended Action, Atternapve Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City and the Huntington Beach Marine Safety Officers' Association (MSOA) enter into a new Memorandum of Understanding (MOU) covering the period October 1, 2006 through September 30, 2009? Funding Source: Funding is contained in the current Fiscal Year 2006/2007 budget and funding will be included in the budgets for Fiscal Years 2007/08 and 2008/09. The cost to implement the MSOA MOU in the current Fiscal Year is $74,190. The cost to implement the MSOA MOU in Fiscal Year 2007/08 is $94,979 and $109,464 in Fiscal Year 2008/09. Total estimated cost of this Memorandum of Understanding for a three-year term is $278,633. Recommended Action: Motion to: Adopt Resolution No. 2nn7-4 , 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, 2006 through September 30, 2009. Alternative Action(s): Do not approve the Resolution for employees of the MSOA and direct staff to either attempt to continue to meet and confer with the Association or utilize the impasse procedures under the City's Employer -Employee Relations Resolution. F-/ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 1/16/2007 DEPARTMENT ID NUMBER: ADCS-07-01 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, 2006 through September 30, 2009. Proposed pay and benefit changes include the following: Wage Increases (effective the pay period which includes the dates below) 5% effective January 1, 2007 for all employees 4.5% effective October 1, 2007 for all employees 5% effective October 1, 2008 for all employees Health Benefits Effective January 1, 2007, City's contribution cap for medical (and vision) coverage is established at up to a 10% increase in premium (from 2006 rates) and thereafter each year through 2009. Orange County Blue Shield HMO rates will be used as the base for establishing the City's contribution cap for medical. Effective January 1, 2007, City's contribution cap for dental coverage is established at up to a 5% increase in premium (from 2006 rates) and thereafter each year through 2009. The Delta Dental PPO rates will be used as the base for establishing the City's contribution cap for dental. Employees shall pay any increased premium costs above the City's contribution caps. A summary of these and other negotiated provisions are included as Attachment #1. Environmental Status: Not applicable Attachment(s): City Clerk's -..- NumberDescription 1. Proposed Changes in Terms and Conditions of Employment between the City of Huntington Beach and the MSOA 2. Legislative Draft - Memorandum of Understanding between the City of Huntington Beach and the MSOA for October 1, 2006 through September 30, 2009 3. Resolution to Adopt Memorandum of Understanding between the City of Huntington Beach and the MSOA for October 1, 2006 through September 30, 2009, including Exhibit A: Final Memorandum of Understanding between the City of Huntington Beach and the MSOA for October 1, 2006 through September 30, 2009 -2- 1/4/2007 727 AM ATTACHMENT #1 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE MARINE SAFETY OFFICER'S ASSOCIATION (MSOA) Proposed Changes in FY 2006/2007 FY 2007/2008 FY 2008/2009 Estimated Cost for Staff Comments Terms and Conditions Estimated Cost Estimated Cost: Estimated Cost: Term of the 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*** T+�rmt ., a., ...�.aYw-„ � ., ..' ,.. ...,. ,. § , n,�, :: . •+?sY',3 ,,n ,,; �r,: T -alb,;,,: '.. ,� g^,1' r d f kY a k� ,.'� „ ,a, u , contract. 10/01/06 — 09/30/09 M �• 3 ':� •x„> 7 $ P l., .n, :. "'' ",�,.,. :. Sy .,F x,� 'v 94' Hid M 3 dE � .. ^.:, ." .:-� -, .' .�•:.� zn,r ,,Cal,, „'ia�' 'F y ! it V"'.r t; jimlonth 3 333 wy� •3! Asl Yt � �3�, {-t-�-� ! �'u3� 5% salary increase a.) $ 40,524 a.) $ 40,524 Salary increase for all effective the start of pay b.) $ 24,825 b.) $ 24,825 employees in FY 2006/07 period that includes c.) $ 65,349 c.) $ 65,349 01 /01 /07 4.5% salary increase a.) $ 51,061 a.) $ 51,061 Salary increase for all effective the start of pay b.) $ 31,279 b.) $ 31,279 employees in FY 2007/08 period that includes c.) $ 82,340 c.) $ 82,340 10/01/07 5% salary increase a.) $ 59,287 a.) $ 59,287 Salary increase for all effective the start of pay b.) $ 36,319 b.) $ 36,319 employees in FY 2008/09 period that includes c.) $ 95,606 c.) $ 95,606 10/01/08 * 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 2006/2007 N/C represents no measurable cost Council Meeting of January 16, 2007 Page 1 of 6 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE MARINE SAFETY OFFICER'S ASSOCIATION (MSOA) Proposed Changes in FY 2006/2007 FY 2007/2008 FY 2008/2009 Estimated Cost for Staff Comments Terms and Conditions Estimated Cost Estimated Cost: Estimated Cost: Term of the 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*** MI S MI Eff. 1/1/07, incr. City's P 3,.i `n1i5 $ 8,841 .y �3,e $ 12,639 .x.3, $ 13,858 k" Employee is responsible for $ 35,338 contrib. for medical (and medical (and vision) premium vision) coverage up to a costs above 10% based on 10% inc. in the mthly level of coverage selected. premium each year through 2009. Eff. Employee is responsible for 1 /l /07, incr. City's dental premium costs above contribution for dental 5% based on level of coverage coverage up to a 5% inc. selected. in the mthly premium each year through 2009. Blue Shield HMO rates to be used as the base Enhanced health coverage is vital to the recruitment and attraction of qualified personnel. * 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 2006/2007 N/C represents no measurable cost Council Meeting of January 16, 2007 Page 2 of 6 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE MARINE SAFETY OFFICER'S ASSOCIATION (MSOA) Proposed Changes in FY 2006/2007 FY 2007/2008 FY 2008/2009 Estimated Cost for Staff Comments Terms and Conditions Estimated Cost Estimated Cost: Estimated Cost: Term of the 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*** b' € �_.. ,'. G � $.,, 3•?>a9 �, za ', a 1y yr },: F':€1 3 3 i y:,y ):a�y, A'3 !i•>y w€y ;di" y . U V y•l3; '13..;r E, J ."•,b ,n.d R- Management Rights N/C N/C N/C N/C To clarify and update language Addition of cash out N/C N/C N/C N/C Employees may convert up provision for comp. to 60 hours of comp time to time (CTO) cash at the regular rate of pay once per calendar year. Add Standby pay N/C N/C N/C N/C Minimum 2 hours at the provision for use at overtime rate for each 8 Cit 's discretion hour standby period Long -Term Disability N/C N/C N/C N/C To clarify language Insurance Time Off for Injury or N/C N/C N/C N/C To reflect current practice Illness max. 60 calendar days per incident Family Sick Leave N/C N/C N/C N/C To clarify interpretive allowance 60 hours per conflict with current State calendar year law on leave for family sick based on accrued sick leave * 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 2006/2007 N/C represents no measurable cost Council Meeting of January 16, 2007 Page 3 of 6 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE MARINE SAFETY OFFICER'S ASSOCIATION (MSOA) Proposed Changes in FY 2006/2007 FY 2007/2008 FY 2008/2009 Estimated Cost for Staff Comments Terms and Conditions Estimated Cost Estimated Cost: Estimated Cost: Term of the 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*** Grievance Hearing N/C N/C N/C N/C The City and the MSOA Cost Sharing shall share hearing costs for disciplinary and non - disciplinary grievance matters on an equal basis (50-50). Personnel Rule 19 N/C N/C N/C N/C Amended to afford amended management the same response timelines as employees on non - disciplinary grievance matters (10 days). Provision for N/C N/C N/C N/C Policy statement on the Controlled Substance City's right to conduct and Alcohol Testing reasonable suspicion testing based on department policy. * 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 2006/2007 N/C represents no measurable cost Council Meeting of January 16, 2007 Page 4 of 6 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE MARINE SAFETY OFFICER'S ASSOCIATION (MSOA) Proposed Changes in FY 2006/2007 FY 2007/2008 FY 2008/2009 Estimated Cost for Staff Comments Terms and Conditions Estimated Cost Estimated Cost: Estimated Cost: Term of the 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*** Update the Employer- Employee Relations Resolution N/C N/C N/C N/C To reflect current law. Modified Work/Return N/C N/C N/C N/C Agreement to meet and to Work Program confer to establish a modified work/return to work policy during term of the MOU (for work and non -work related illnesses/injuries) Remove Article VIII.D. N/C Shift Exchange N/C N/C N/C Provision is not in 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 2006/2007 N/C represents no measurable cost Council Meeting of January 16, 2007 Page 5 of 6 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE MARINE SAFETY OFFICER'S ASSOCIATION (MSOA) Proposed Changes in FY 2006/2007 FY 2007/2008 FY 2008/2009 Estimated Cost for Staff Comments Terms and Conditions Estimated Cost Estimated Cost: Estimated Cost: Term of the 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 Cash Advance N/C N/C N/C N/C Cash advance on vacation provision (Article pay is not in practice. XI.A.3a) Includes non- N/C N/C N/C N/C To update contract by substantive changes revising language to clarify provision or by removing language that no is longer applicable. Cost of Proposed a.) $ 40,524 a.) $ 51,061 a.) $ 59,287 a.) $ 150,872 Changes b.) $ 33,666 b.) $ 43,918 b.) $ 50,177 b.) $ 127,761 c.) $ 74,190 c.) $ 94,979 c.) $ 109,464 c.) $ 278,633 * 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 2006/2007 N/C represents no measurable cost Council Meeting of January 16, 2007 Page 6 of 6 PROPOSED CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN CITY OF HUNTINGTON BEACH AND THE MARINE SAFETY OFFICER'S ASSOCIATION TERM OF MEMORANDUM OF UNDERSTANDING 10/01 /06 - 09/30/09 Employees in Marine Safety Officer's Association: 12 SUMMARY OF NEGOTIATED PROVISIONS INCLUDING COSTS I I. WAGE INCREASES ➢ Eff. the start of the pay period that includes 1/1/07, 5% wage increase FY 2006107 Estimated Cost: Base Salary* $ 40,524 Salary Driven Cost** $ 24,825 Total Est. Cost*** $ 65,349 ➢ Eff. the start of the pay period FY 2007/08 Estimated Cost: that includes 10/1/07, Base Salary* $ 51,061 4.5% wage increase Salary Driven Cost** $ 31,279 Total Est. Cost*** $ 82,340 * Base Salary is the cost of raising salary ** Salary Driven Costs are the additional costs associated with raising base salary, which include employer taxes, workers compensation and retirement *** Total estimated costs are based upon cost information available in 2006/2007 I. WAGE INCREASES - Continued ➢ Eff. the start of the pay period that includes 10/1/08, 5% wage increase FY 2008/09 Estimated Cost: Base Salary* $ 59,287 Salary Driven Cost** $ 36,319 Total Est. Cost*** $ 95,606 * Base Salary is the cost of raising salary ** Salary Driven Costs are the additional costs associated with raising base salary, which include employer taxes, workers compensation and retirement * * Total estimated costs are based upon cost information available in 2006/2007 2 II. HEALTH BENEFITS Effective 1/1/07, through end of contract term, the City's annual contribution shall increase up to 10% each year based on Blue Shield HMO premiums. Similarly, the City's contribution for dental shall be based on the Dental PPO plan and up to a 5% increase each year through end of contract term in 2009 FY 2006/2007 $ 8,841 FY 2007/2008 $12,639 FY 2008/2009 $13,858 Total Estimated Cost for Term of Agreement $35,338 SUMMARY OF NEGOTIATED PROVISIONS NO MEASURABLE COST CONSIDERATIONS III. CONTRACT LANGUAGE UPDATES • Provision for Controlled Substance & Alcohol Testing (Based on Reasonable Suspicion) • Management Rights • Grievance Hearing Cost Sharing • Personnel Rule 19 amended • Addition of cash out provision for comp. time (CTO) III. CONTRACT LANGUAGE UPDATES - Continued • Add Standby pay provision for use at City's discretion • Long -Term Disability Insurance • Time Off for Injury or Illness max. 60 calendar days per incident • Family Sick Leave allowance - 60 hours per calendar year • General non -substantive language clean-ups/ format changes IV. REVISED OR DELETED CONTRACT LANGUAGE UPDATES • Removed Article VII.D Shift Exchange • Removed Article XI.A.3a Cash Advance provision • Includes non -substantive changes V. DURING THE TERM OF THE AGREEMENT • Update the Employer -Employee Relations Resolution • Modified Work/Return to Work Program 61 Total Cost Summary Estimated Cost for Term of the Agreement 10/01 /06 — 09/30/09 I. Wages Base Salary $150,872 Salary Driven Costs $ 92,423 Total Est. Cost $243,295 II. Health Benefits $ 35,338 Base Salary $150,872 TOTAL ESTIMATE Salary Driven Costs $127,761 Total Est. Cost $278,633 ATTACHMENT #2 � MARINE SAFETY OFFICERS' ASSOCIATION 20032 -2006 - 2009 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS PREAMBLE.................................................................................................................... 1 ARTICLE I - TERM OF MOU.......................................................................................... I ARTICLE II - REPRESENTATIONAL UNIT/CLASSIFICATIONS.................................. 2 ARTICLE III - MANAGEMENT RIGHTS......................................................................... 2 ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT ......................................... 2 ARTICLE V - SALARY SCHEDULE............................................................................... 2 A. WAGE INCREASES.............................................................................................................3 ARTICLE VI - SPECIAL PAY......................................................................................... 3 A. EDUCATION INCENTIVE PAY...............................................................................................3 B. ACTING ASSIGNMENT PAY.................................................................................................4 C. CERTIFICATION PAY..........................................................................................................4 D. HOLIDAY PAY-IN-LIEU........................................................................................................4 E. BILINGUAL SKILL...............................................................................................................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. A€FFECTED EMPLOYEES...................................................................................................5 C. PERSONAL PROTECTIVE EQUIPMENT..................................................................................5 D. EMPLOYEE RESPONSIBILITIES..........................................................................................56 E. CITY RESPONSIBILITIES.....................................................................................................6 ARTICLE VIII - HOURS OF WORK/OVERTIME............................................................ 6 A. HOURS OF WORK DEFINED..............................................................................................67 B. OVERTIME/COMPENSATORY TIME ....................................................................................76 1. Paid Overtime...............................................................................................................................A7 2. Compensatory Time.......................................................................................................................67 3. Court Time...................................................................................................................................... 7 a. Court Standby..............................................................................................................................7 b. Court Appearance........................................................................................................................7 4. Holidays Worked..............................................................................................................................7 C. 4/10 WORK SCHEDULE DEFINED......................................................................................78 D. SHIFT EXCHANGE............................................................................................................87 Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs i MARINE SAFETY OFFICERS' ASSOCIATION , 2003-2 2006 - 2009 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS .................................. 87 A. HEALTH..........................................................................................................................79 1. CalPERS PEMHCA..........................................................................................................................8 a. PEMHCA Employer Contributions...............................................................................................8 b. Maximum Employer Contributions...............................................................................................9 2. Dental Insurance..............................................................................................................................9 3. Retiree (Annuitant) Coverage.......................................................................................................100 a. City Contribution (Unequal Contribution Method) for Retirees...................................................10 b. Termination of Participation in the CalPERS PEMHCA Program - Impact to Retirees .............10 4. Additional Costs for Participation in the PEMHCA program...........................................................10 a. Retiree and/or Annuitant Coverage............................................................................................10 b. Termination Clause....................................................................................................................11 B. MEDICAL CASH-OUT.......................................................................................................11 C. SECTION 125 EMPLOYEE PLAN......................................................................................124 D. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT (AD & D) INSURANCE .....................1412 E. LONG TERM DISABILITY INSURANCE.................................................................................12 ARTICLE X - RETIREMENT.....................................................................................1513 A. BENEFITS...................................................................................................................1513 1. Public Employees' Retirement System...........................................................................................13 2. Self -Funded Supplemental Retirement Benefit............................................................................143 3. 1959 Survivors' Benefit Level IV...................................................................................................143 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..........................................154 ARTICLE XI - LEAVE BENEFITS..............................................................................165 A. VACATION.....................................................................................................................165 1. Accrual..........................................................................................................................................154 2. Eligibility and Permission................................................................................................................15 3. Conversion to Cash........................................................................................................................15 a. Cash Advance..........................................................................................................................165 b.. Pay Off atTermin^+i^^ - ...5 B. SICK LEAVE................................................................................................................1816 C. TIME OFF FOR INJURY OR ILLNESS...................................................................................16 DG. FAMILY LEAVE BENEFIT ENTITLEMENTS............................................................................16 ED. BEREAVEMENT LEAVE.............................................................................................184-916 F. DEFERRED COMPENSATION / LEAVE CASH-OUT..............................................................176 G. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM.................................................17 ARTICLE XII - CITY RULES.....................................................................................1917 Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs ii MARINE SAFETY OFFICERS' ASSOCIATION 20032 2006 - 2009 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ARTICLE XIII - MISCELLANEOUS..........................................................................1917 A. SALARY UPON APPOINTMENT.......................................................................................1917 B. PHYSICAL EXAMINATIONS........................................................................................192917 C. CONDITIONING TIME................................................................................................192-017 D. 1,500 HOUR RECURRENT EMPLOYEES.........................................................................2017 E. COLLECTION OF PAYROLL OVERPAYMENTS....................................................................187 F. GRIEVANCE HEARING COST SHARING..............................................................................18 G. PERSONNEL RULE 19 MODIFICATION................................................................................18 H. UPDATE EMPLOYEE -EMPLOYER RELATIONS RESOLUTION (EERR)......................................18 I. MODIFIED RETURN TO WORK POLICY...............................................................................18 J. CONTROLLED SUBSTANCE AND ALCOHOL TESTING...........................................................19 ARTICLE XIV - CITY COUNCIL APPROVAL.......................................................... 2220 EXHIBIT A - MSOA SALARY SCHEDULE.............................................................. 2321 EXHIBIT B DELTA `ARC (PMI) DENTAL DEAN -BROCHURE 25 EXHIBIT C _ DELTA DENTAL PLAN BROCHURE 26 EXHIBIT BO - SERVICE CREDIT SUBSIDY PLAN ..................................................... 23 EXHIBIT C€ - MODIFICATIONS TO EMPLOYEE - EMPLOYER RELATIONS RESOLUTION.......................................................................................................... 3026 EXHIBIT D - MODIFICATIONS TO PERSONNEL RULE 19........................................ 28 EXHIBIT E - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ... 3129 Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs Ili 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, aGting by and through its designated fepresentatives,duly —appointed --b r the geveming body of and the representatives of the Association, a duly recognized employee association, have met and conferred in good faith and reached a full agreement have fUlly GOMMUReGated and oncerning 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, 2006, and it is agreed as follows: ARTICLE 1- TERM OF MOU This Memorandum of Understanding shall be in effect for a term commencing on October 1, 2006 and ending at midnight on September 30, 2986Se2tember 30, 2009. 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 QGtebeF 1, 20060ctober 1, 2009, and the City of Huntington Beach, through its representatives, shall not be required to meet and confer as to any such request. Draft MSOA MOU v.1. FINAL 03-06 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 I ARTICLE III - MANAGEMENT RIGHTS The parties agree that the City has the right to unilaterally make decisions on all matters outside the scope of bargaining. Furthermore, a€xcept 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. Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 2 MARINE SAFETY OFFICERS' ASSOCIATION A. Wage Increases 1. Effective the first full pay period that includes QGtebeF 1, 2003january 1, 2007, and fbF fiSGal year 2003_2004, all Association employees shall receive no wage innrm�Feasee.a five percent (5%) wage increase. 2. Effective the first full pay period that included October 1, 2007, September 25 2004 that *RG'udes OGtebeF 1, , all Association employees shall receive a four and one half percent (44) (4.5%) wage increase. 3. Effective the first full pay period that includes October 1, 2008-8epten4be�4, , all Association employees shall receive a feef five percent44%3 J5n wage increase. � r 1 1 ARTICLE VI - SPECIAL PAY A. Education Incentive Pay of URdeFstan4iR , Employees who possess a degree from an accredited college shall be eligible to receive education incentive pay as follows: 1. Bachelor's Degree _ three percent (3%) above the base hourly rate 2. Associate's Degree - two percent (2%) above the base hourly rate 3. The maximum education incentive pay shall be three percent (3%). 4. All current employees who do not possess the degrees listed above shall continue to receive the education incentive pay in effect as of September 19, 2005 ef the date Of_Gity C,,URGiI ra+ifina+ion of this ; eMG and e Undscan - _. 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: Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 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 5 150 4 0 150 5. Employees hired after the -September 19, 2005 MemeFandum 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 Pav 1. When formally assigned to perform in an acting capacity in the absence of the Marine Safety Chief, due to YaGation ,,,,,,, ,moat,, tome off, Sick leave and tFai„ ip a Marine Safety Lieutenant shall be compensated for each full hour worked at the rate of twelve and one-half percent (12 Y%) of the employee's base hourly rate of pay. 2. Acting Chief selection shall be made at the discretion of the Department Head or designee and sSeniority will not be the controlling criteria. C. Certification Pay 1. Marine Safety Officer II M( SO II) — Employees classified as MSO II shall receive an addotoofive percent (5%) oveFabove their base hourly rate for maintaining active certification in all of the following: SCUBA/Rescue, ICS (Incident Command System) 100 and 200; Instructor 1A and 1 B; SCUBA/Dry Suit; and Instructor Emergency Response Red Cross. 2. Marine Safety Lieutenant — Employees classified as Marine Safety Lieutenant shall receive aR additieR ve percent (5%)ever above their base hourly rate for maintaining active certification in all of the following: ICS (Incident Command System) 300;�Command 1A and 1B; and Management I. D. Holiday Pay -In -Lieu Employees Fepresented by the AsSOGiation and artively empleyed by the City, -in addition to regular compensation, employees shall receive, each month, one -twelfth 11/121 of the total holiday hours (80) earned for the year. They shall be entitled to an additional eight L81 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 Draft MSOA MOU v.1 12-"6 Substantive and Non -Substantive Chgs 4 MARINE SAFETY OFFICERS' ASSOCIATION the City Council of the City of Huntington Beach as a special holiday for City employees (i.e., day of mourning). E. Bilingual Skill PeFm nt Eemployees who are wed -approved by their Department Head to use their bilingual abilities as part of their job assignment shall be paid an additional five percent (5%) ever above their base hourly rate. Said a€mployees must who afe be tested 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 Pay All special pay shall be effective the first full pay period following certification and verification as approved by the Department Head or designee. G. No Pyramiding of Special Pay Each special pay that is a percentage of base hourly pay shall not be counted towards the value of any other special pay. H. Reporting to PERS Pursuant to state law and regulations, compensation paid as a result of this Article shall be reported to the California Public Employees' Retirement System (CalPERS1 as special compensation. ARTICLE VII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. General Policy The City provides uniforms to employees on active duty who are required to wear a standard uniform for appearance, uniformity, and public recognition purposes. B. Ef eced-Affected Employees All employees shall wear a standard City adopted uniform, as provided The standafd .adopted U R40Fm fee name ernpleyees is cdeRtified 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 Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 5 MARINE SAFETY OFFICERS' ASSOCIATION All personal protective equipment shall be provided based on employee safety needs for the performance of duties as approved by the Department Head. D. Employee Responsibilities 1. To wear a clean and complete uniform as required. 2. Uniform appearance shall be worn with pride in appearance to the public i.e., shirt buttoned, shirt tail tucked in, etc. 3. To wash and provide minimum repair i.e., buttons, small tears, etc. 4. To not wear the uniform for other than City duties or work. 5. To notify supervisor of the need to replace due to disrepair or severe staining producing an undesirable appearance. 6. To turn in all uniform components, including patches upon separation from employment. 7. To turn in all personal protective equipment upon separation from employment. 8. To wear all personal protective equipment prescribed by the City safety officer and/or Supervisor of the division. E. City Responsibilities 1. To provide or pay for required uniforms f ,gin funding for the agFeed „^ifeFm aflewanGes. 2. The City will report to the Galifnrnia P blin yees'Ret+fement—System (CalPERS) the average annual cost of uniforms for each employee as special compensation in accordance with Title 2, California Code of Regulations, Section 571(a)(5). For employees who are not required to wear a uniform on a daily basis or who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. ARTICLE VIII - HOURS OF WORK/OVERTIME A. Hours of Work Defined Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 6 MARINE SAFETY OFFICERS' ASSOCIATION For purposes of this article, calculating overtime, approved vacations, sick leave and compensatory time shall count as hours worked. B. Overtime/Compensatory Time 1. Paid Overtime a. Overtime is defined as Employees shall FeGeive time one and one half 0 1/2) times the+Fsalafy employee's regular rate of pay for all time worked in excess of their scheduled work shift. b. Regular rate of pay is defined as the employee's base hourly rate of pay plus their eligible special pays. 2. Compensatory Time Employees may elect to receive compensatory time off (to be-as6Fued-that may be earned to a maximum of one hundred twenty 11201 hours) in lieu of such overtime pay. Employees may convert up to sixty (60) hours of compensatory time to cash at the employee's regular rate of pay once per calendar year. 3. Court Time a. Court Standby Employees required to be on standby for a court appearance during other than their scheduled working hours shall receive a minimum of two (2) hours stFaigh tame pay (ORGlu„ iRg dAereRtiels) their regular rate of pay for each morning and afternoon court sessions. b. Court Appearance Employees required to appear in court during other than their scheduled working hours shall receive a minimum of three (3) hours at the overtime rate Wne and ore half. 4.3. Holidays Worked Employees who work on a recognized City holiday shall be compensated at the overtime rate time and one half of their hate ..r all hours worked. Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 7 MARINE SAFETY OFFICERS' ASSOCIATION C. 4/10 Work Schedule Defined The 4/10 work schedule shall be defined as Afork week working four (4) days, at -ten (10) hours per day, for a total of forty (40) hours per week. The 4/10 work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). All employees on the 4/10 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Administrator, Community Services Department Director or their designee, may require such service from any of said employees. tthese—ef ability,equal Fank and pi:eyidinroyal is obtained from the Departmen�eGter andthe paybaGk Af +he sh r•henne is ni+mnleted within sixt,i D. Standby An employee who is authorized to be on standby status by their Supervisor shall be compensated two (2) hours at the overtime rate for each eight (8) hour standby period, or any part thereof. A Supervisor shall notify an available employee, in advance, of the need to be on standby status. ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS A. Health The Csity shall continue to make available group medical, dental and vision benefits to all association employees. The effective date for medical, dental and vision coverage is the first of the month following date of hire. Effective the first of the month following the employee's date of hire, any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates, unless otherwise precluded by CalPERS PEMCHA. All employee contributions shall be deducted on a are -tax basis. A copy of the medical, dental and vision plan brochures may be obtained from the Human Resources Office. Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 8 MARINE SAFETY OFFICERS' ASSOCIATION 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 mandated minimum followingsumas required per month toward the payment of premiums for medical insurance under the PEMHCA program. # As the mandated minimum is increased from those figuFes, the City shall make the appropriate adjustments by decreasing its Gfeteria —flex benefits contribution accordingly as defined in the following sub -section.. b. Maximum Employer Contributions Toward Flex Benefits For the term of this agreement, the City's maximum monthly employer contribution for each nlayee'c health and other insurannc nrcmii imc are set forth in the nhaFts beln„�To #Glisted below innlurde the marl to d PF.M Ire Gentribe+inn employee's medical and vision insurance premiums are set forth as follows: in ==mom MM M-M Reffle- M —p—p—iii Nil Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 9 MARINE SAFETY OFFICERS' ASSOCIATION i. Effective January 1, 2007, the City Contribution shall be the sum of the participating Orange County Blue Shield HMO PEMHCA Plan plus the VSP Vision Plan premiums for each of the following categories: a. Employee only ("EE") b. Employee + one dependent ("EE" + 1) C. Employee + two or more dependents ("EE" + 2) The maximum City Contribution shall be based on the employee's enrollment in each plan. The parties agree that the required PEMHCA contribution is included in this sum stated in the sub- section above. If the employee enrolls in a plan wherein the costs exceed the City Contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions. ii. Effective January 1, 2008, the City Contribution in each categga shall increase in an amount not to exceed ten percent (10%) of the City's Contribution for 2007. Any increase in premiums above the City's ten percent (10%) Contribution Cap will be the responsibility of the employee. In the event the increase to the City contribution is less than ten percent (10%), the employee will not be entitled to receive the difference. iii. Effective January 1, 2009, the City Contribution in each category shall increase in an amount not to exceed ten percent (10%) of the City's Contribution in 2008. Any increase in premiums above the City's ten percent (10%) Contribution Cap will be the responsibility of the employee. In the event the increase to the City contribution is less than ten percent (10%), the employee will not be entitled to receive the difference. iv. In the event the Orange County Blue Shield HMO Plan is no longer a PEMCHA option, the City's Contribution for 2008 and 2009 shall increase by ten percent (10%) each year, provided that the City's Contribution shall not exceed the amount of an employee's actual premium. Draft MSOA MOU v.1 12-"6 Substantive and Non -Substantive Chgs 10 MARINE SAFETY OFFICERS' ASSOCIATION 2. Dental Insurance F#eGt0ye the fiFst full pay peFied f9119WiRg Gity GOURGil FatifiratiGR Gf thic MemoFandum Of Tthe annual maximum benefit for the Delta Dental PPO plan will fFem is $2000 (two thousand dollars).. and i,rvr.vppLrl�1ier nhba#d�ip�o shall apply as Iic4viJ in A. 1 h ah"n•ye-. "�`^•� a. Effective January 1, 2007, the maximum City Contribution shall be equivalent to the premium for the Delta Dental PPO plan based on the employee's enrollment of employee only (" EE"), employee plus one dependent (" EE+1 ") or employee plus two or more dependents ("EE+2"). b. Effective January 1, 2008, the City Contribution shall increase in an amount not to exceed five percent (5%) of the City's Contribution for 2007. Any increase in premiums above the City's five percent (5%) Contribution Cap will be the responsibility of the employee. In the event the increase to the City contribution is less than five percent (5%), the employee will not be entitled to receive the difference. c. Effective January 1, 2009, the City Contribution shall increase in an amount not to exceed five percent (5%) of the City's Contribution for 2008. Any increase in premiums above the City's five percent (5%) Contribution Cap will be the responsibility of the employee. In the event the increase to the City contribution is less than five percent (5%), the employee will not be entitled to receive the difference. 3. Retiree (Annuitant) Coverage As required by the Government Code, retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. The City's requirement to provide retirees and/or annuitants medical coverage is solely governed by the Government Code that requires the City to extend this benefit to retirees (annuitants). While the City is contracted with CalPERS to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. a. City Contribution (Unequal Contribution Method) for Retirees As aflewed-provided by the Government Code and the CalPERS Board, and requested by the Association, the City shall use the Unequal Contribution Method to make City contributions on behalf of each retiree or annuitant. The starting year for the unequal contributions method is 2004 at $1.00 per month. The City's contribution for each annuitant shall be increased annually by five percent (5%) of the monthly contribution for Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 11 MARINE SAFETY OFFICERS' ASSOCIATION employees until such time as the contributions are equal. The Service Credit Subsidy will be reduced every January 1S by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). The fnllew o- i an ample of the sum per mnnth toward the payment e pTremi - f�nediny al iiRGArann per the DCMI- GA morainal ineUranre program for a retiT e „r ann„itaThe City shall make these payments only while the City is a participant in the PEMHCA program. b. Termination of Participation in the CaIPERS 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 IX.A.3.a. provides an example of expected payments per retiree or annuitant per month. Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 12 MARINE SAFETY OFFICERS' ASSOCIATION 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 Csity-provided program (evidence must be supplied to the Human Resources Division), they may elect to discontinue Ceity 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 Csity so long as the contribution is in accordance with applicable Internal Revenue Code or regulations. An employee may elect to discontinue vision coverage. The employee premium paid for vision coverage will be applied toward medical premium, unless the employee opts out of the City's medical plan (in which case the employee will not receive the cash benefit). C. Section 125 Employee Plan The City shall provide an Internal Revenue Code section 125 employee plan that allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or unreimbursed medical expenses as determined by the Internal Revenue Code. Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 13 MARINE SAFETY OFFICERS' ASSOCIATION D. Life and Accidental Death and Dismemberment (AD&D) Insurance Coverage The City will provide fifty thousand dollars 1$50,0001 of term life insurance and f� thousand dollars J$50,0001 of AD&D insurance coverage for each employee at the City's cost, without evidence of insurability other than evidence of full time employment status. Optional insurance is available at the employee's own cost. E. Long Term Disability Insurance 1. The existing long-term disability program provided to employees by the Csity shall remain in effect. This Prngram pFeyidea".h inniden+ of illno�c nr inini pay up to sixty (60) GalendaF days at the emnlayee'r, salary ro4e of ins —The existina Iona -term disabilitv program has a sixtv (60) calendar day qualifying period. After the sixty (60) calendar day qualifying period', the employee will be covered by an insurance plan paid for by the Csity 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 I None Days and months refer to calendar days and months 2. The LTD Plan is integrated with Workers' Compensation, Social Security and other non -private program benefits to which entitled. 3. Disability is defined as the inability to perform all of the duties of the employee's regular occupation during two (2) years and thereafter the inability to engage in any employment or occupation for which he/she is fitted by reason of education, training or experience. 4. The LTD Plan provides for a Survivors' benefit GORtiRues payment for three (3) months beyond the employee's death. 5. The terms and conditions of the disability insurance coverage are set forth in the policy, a copy of which is on file in the Human Resources Division office. In the event of any conflict between the policy and this article, the policy shall control. The Csity may change insurance companies, policies, or self -insure ' Please note that Article XI Section C. Sick Leave Compensation provides up to sixty (60) calendar days paid sick leave per incident or illness. Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 14 MARINE SAFETY OFFICERS' ASSOCIATION this benefit, provided that the plans shall remain comparable to that currently in effect. ARTICLE X - RETIREMENT A. Benefits 1. Public Employees' Retirement System The City shall provide the 3% @ Age 50 retirement formula set forth in California Government Code Section 21362.2 for all safety employees represented by the Association. 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 CalPERS, not to exceed two and one quarter percent (2.25%1. 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 nine percent 19%1 of the employee's compensation earnable to eight percent 18%1 of the employee's compensation earnable. If, on the other hand, the City is required to contribute an amount equal to eight percent 18%1 of each employee's "compensation earnable," the amount of the reimbursement shall be reduced to six and three quarter percent 16.75%1 of the employee's compensation earnable. 2. Self -Funded Supplemental Retirement Benefit In the event an employeemember elects Option #2 (Section 21333) or Option #3 (Section 21334) of the Public Employees' Retirement Law, and the employee mbeFis a unit employee who was hired before November 2. 1998, -4he adeption of this MemeFandwm of , the City shall pay the difference between such elected option and the unmodified allowance which the employee 4en would have received for his or her life alone. This payment shall be made only to the employee ^�en4ber, shall be payable by the City during the life of the employee-,nembef, and upon that employee's momher'6 .death, the City's obligation shall cease. The method of funding for this benefit shall be at the sole discretion of the City. This benefit is vested for employees hired before November 2, 1998. All unit employees hired on or after November 2, 1998 shall not be eligible for this benefit. (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 Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 15 MARINE SAFETY OFFICERS' ASSOCIATION Members of the City's safety retirement plan shall be covered by the Fourth Level of the 1959 Survivor Benefit. 4. Medical Insurance for Retirees As required by the Government Code, while the City is contracted with CalPERS to participate in the PEMHCA program, retired employees (annuitants) shall have available the ability to participate in the Public Employees' Medical and Hospital Care Act (PEMHCA) program. CalPERS shall be the sole determiner of eligibility for retiree (annuitant) to participate in the PEMHCA program. B. Public Employees' Retirement System Reimbursement and Reporting: 1. Employees' Contribution: Each employee covered by this agreement shall be reimbursed an amount equal to nine percent (9%1 of the employee's base salary plus education incentive pay as pickup of a portion of each employee's CalPERS contribution. The above CalPERS pickup is not base salary but are is 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 IoRderstandiRg + The City shall "''' eRd it PERS GGRtran+ for provides its 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 Eemployees in City service, having an average workweek of forty (40) hours full time , shall accrue annual vacations with pay in accordance with the following: Years of Service Vacation Allowance First through Fourth Year 112 hours Fifth through Ninth Year 136 hours Tenth through Fourteenth Year 160 hours Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 16 MARINE SAFETY OFFICERS' ASSOCIATION Fifteenth Year and Thereafter 1 192 hours 2. Eligibility and Permission ab. For the purpose of computing vacation, an employee's anniversary date shall be the most recent date on which he/she commenced full-time City employment. b&. No vaGation may he taken until the nomnletion of six (6) months of s Permanent, part-time employees assigned a work schedule of less than thirty 1301 hours but more than twenty 1201 hours per week shall receive vacation in one-half the amounts set forth above. Employees assigned to a workweek of less than fort 401 and more than thirty 301 hours per week shall receive vacation in three -fourths (3/4) the amounts set forth above. cd. No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not be accrued in excess of three hundred twenty J3201 hours. Vacations shall be taken only with permission of the Ddepartment Hhead; 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 ej ht Wj 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. lea. Pay -Off at Separation from Employment Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 17 MARINE SAFETY OFFICERS' ASSOCIATION No employee shall he paid fGr unused YaGattiio r theF than Uupon teFMi laden of- from employment the terminating employee shall receive compensation at his/her current saiarfpgular rate of pay for all unused, earned vacation to which he/she is entitled up to and including the effective date of his/her termination separation from employment. B. Sick Leave As of July 31, 1974, all sick leave accumulation was frozen for purposes of payoff upon termination and no additional time will be accumulated. Salary continuation for approved sick leave is covered under Article IX.E. C. Time Off for Iniury or Illness All employees shall be entitled to use up to sixty (60) calendar days paid leave per injury or illness. This leave shall not accumulate or have any cash value as such employees may not cash out unused leave upon separation of employment from the City DC. Family Leave Benefit Entitlements Employees he ,al sink leave anon will alloweuseoned 233 fer an emnleyee 4e nare fer a nhild neren4 OF cnn„oe dUFinn illness. As employees do not accrue sick leave, all employees will be allowed to use up to (sixty) 60 hours per calendar year for to care for a child, parent, spouse, or registered domestic partner during illness. The Ceity 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. ED. Bereavement Leave Employees shall be are entitled to bereavement leave not to exceed three (3) working days per calendar year incident of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, registered domestic partner, children, grandfather, grandmother, stepfather, stepmother, stepgrandfather, stepg rand mother, grandchildren, stepsisters, stepbrothers, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother -in - Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 18 MARINE SAFETY OFFICERS' ASSOCIATION law, sister-in-law, stepchildren, or wards of which the employee is the legal guardian. F. Deferred Compensation/ Leave Cash -Out The value of any unused earned leave benefits may be transferred to deferred compensation in connection with separation from employment, but only during the time that the employee is actively employed with the City. The employee must request the transfer no later than the pay period prior to the employee's last day of employment. F--.G. Voluntary Catastrophic Leave Donation Program Under certain conditions, employees may donate leave time to another employee in need. The program is outlined in Exhibit F of this Memorandum of Understanding. ARTICLE XII - CITY RULES shall a tematinally he the Gity's Derc+nnnel Rules a applinahle. All City Personnel Rules shall apply to Association members, however, to the extent this MOU modifies the Citv's Personnel Rules. the Personel Rules as modified will apply to Association members. ARTICLE XIII - MISCELLANEOUS A. Salary Upon Appointment When an appointment of a recurrent lifeguard to the classification of Marine Safety Officer occurs, the salary step upon appointment shall be determined in the same manner as salary step upon promotions under the City's Personnel Rules. B. Physical Examinations The City agrees to pay for bi-annual physical examinations, to include stress EKG, when authorized by the Department Head, with the understanding that results thereof may be utilized for the determination of the employee's continued ability to perform duties of the position. A copy of the physical examination shall be provided to the employee upon his request. C. Conditioning Time Unit employees may be allowed up to one (1) hour on each regularly scheduled shift to be used for physical conditioning. Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 19 MARINE SAFETY OFFICERS' ASSOCIATION D. 1,500 Hour Recurrent Employees The Association agrees to permit the City to implement a fifteen hundred 11,5001 work hour per year +R-for 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 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 Unauthorized compensation payments shall not constitute a past practice. F. Grievance Hearing Cost Sharing Grievance hearing costs shall be shared equally by the City and the Association. The parties agree that under no circumstances shall the grievant(s) be required to Pay any part of the grievance hearing costs. G. Personnel Rule 19 Modification City and Association agree to implement Personnel Rule 19 modifications as provided in Exhibit D attached hereto and incorporated by reference. H. Update Employee -Employer Relations Resolution (EERR) During the term of the Agreement, the City and the Association agree to meet and confer to update the Employee -Employer Relations Resolution to reflect current state law. I. Modified Return to Work Policy Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 20 MARINE SAFETY OFFICERS' ASSOCIATION The City and the Association agree to meet and confer during the term of the Agreement to establish a modified return to work policy for employees who experience industrial or non -industrial illness and/or injury. J. Controlled Substance and Alcohol Testing - The City maintains the right to conduct a test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace, consistent with department policy. Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 21 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 day of , 2005 2007. N M_ RA 92 CITY OF HUNTINGTON BEACH A Municipal Corporation 12 Penelope Culbreth-Graft City Administrator In M Bob Hall Deputy City Administrator Renee Mayne Chief Negotiator Kyle Lindo Marine Safety Chief Patti Ahumada Negotiations Team Member By: Jennifer Lampman Negotiations Team Member HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSN. EFOG-Gh;pq-Steve Reuter President MSOA Mark Reid Business Agent Greg Crow Vice President —MSOA Mike Beuerlein Negotiations Team Member APPROVED AS TO FORM Jennifer McGrath City Attorney Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 22 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT A — MSOA SALARY SCHEDULE Effective SefftiT-;i5, 2004 January 1, 2007 (Wage increase of-4-Ok5% o�00000 Step Job Code Classification Range A B C — D E — 0467 Marine Safety Officer I 512 4 857 15,124 5 406 5 704 6 018 28.02 $29.56 $31.19 $32.91 34.72 0468 Marine Safety Officer II 537 5 503 5 807 6 126 6 462 6 817 31.75 $33.50 $35.34 $37.28 la9.33 0105 Marine Safety Lieutenant 560 6 172 $6,512 $6,871 $7,249 7 647 35.61 37.57 39.64 14182 $44.12 Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 23 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT A - MSOA SALARY SCHEDULE Effective SeptenbeF24, 2005-October 1, 2007 (Wage increase of 4/-4.51/o 00000000 Step Job Code Classification Range A B - C - D E 0467 Marine Safety Officer I 521 5 084 29.33 5 363 $30.94 5 658 $32.64 5 968 $34.43 6 295 $36.32 0468 Marine Safety Officer II 546 5 755 33.20 $6,072 $35.03 $6,406 $36.96 $6,758 $38.99 $7,129 41.13 0105 Marine Safety Lieutenant 569 6 457 37.25 $6,812 ja2.30 $7,186 J41.46 $7,582 143.74 $7,999 46.15 Effective October 1, 2008 (Wage increase of 5%) Step Job Code Classification Range A B - C - D E 0467 Marine Safety Officer 1 531 5 342 30.82 $5,635 la2.51 $5,945 $34.30 $6,273 $36.19 $6,618 118.18 0468 Marine Safety Officer II 556 6 049 34.90 $6,382 $36.82 $6,734 $38.85 $7,105 $40.99 $7,495 143.24 0105 Marine Safety Lieutenant 579 6 788 39.16 $7,160 141.31 $7,554 1 143.58 $7,970 1 145.98 $8,408 1 148.51 Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 24 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT Q — DELTA CARE (CMnI) DENTAL PLAN BROCHURE may be obtainead- frem. the Human Reseumes Division Moved to Article IX.A. Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 25 r m ITS. It \ ■ A oopy of the Delta Dental Plan BFGGhWFe may be obtained ftom the Human Reseumes Division Moved to Article IX.A. Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 26 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT BO — SERVICE CREDIT SUBSIDY PLAN An employee who has retired from the City and meets the plan participation requirements shall receive a monthly Service Credit Subsidy to reimburse the retiree for the payment of qualified medical expenses incurred for the purchase of medical insurance. Plan Participation Requirements 1. At the time of retirement the employee has a minimum of ten (10) years of continuous regular (permanent) City service or is granted an industrial disability retirement; and 2. At the time of retirement, the employee is employed by the City; and 3. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees' Retirement System (CaIPERS). The City's obligation to pay the Service Credit Subsidy as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: a. During any period the retired employee is eligible to receive or receives medical insurance coverage at the expense of another employer, the payment will be suspended. "Another employer" as used herein means private employer or public employer or the employer of a spouse. As a condition of being eligible to receive the Service Credit Subsidy as set forth in this plan, the City shall have the right to require any retiree to annually certify that the retiree is not receiving or eligible to receive any such medical insurance benefits from another employer. If it is later discovered that a misrepresentation has occurred, the retiree will be responsible for reimbursement of those amounts inappropriately expended and the retiree's eligibility to receive further benefits will cease. b On the first of the month in which a retiree or dependent reaches age sixty five J651 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 Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 27 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT BIB — 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 one hundred twenty dollars ($1201. Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. 6. Service Credit Subsidy — Payment shall the qualified medical expenses incurred insurance. not exceed dollar amount, which is equal to for the purchase of city sponsored medical 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 Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 28 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT BO — 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 sixty-five 651. Those with sufficient credited quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age si five 651, but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, the participant pays for Part B of Medicare. b. When a retiree and his/her spouse are both sixty-five 651 or over, and neither is eligible for paid Part A of Medicare, the Service Credit Subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. c. When a retiree at age sixty-five 1651 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 sixt -five 651 is not eligible for paid Part A of Medicare and his/her spouse who is also age sixty-five 651 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: L Coverage for a retiree under the Service Credit Subsidy Plan will be eliminated on the first day of the month in which the retiree reaches age sixty-five 1651. ii. At age sixty-five (651 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. Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 29 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT C€ — MODIFICATIONS TO EMPLOYEE -EMPLOYER RELATIONS RESOLUTION A. Employer -Employee Relations Resolution 1. Modification of Section 7 — Decertification and Modification a) The City and the Association desire to maintain labor stability within the representational unit to the greatest extent possible, consistent with the employee's right to select the representative of his or her own choosing. For these purposes, the parties agree that this Agreement shall act as a bar to appropriateness of this unit and the selection of the representative of this unit, except during the month of August prior to the expiration of this Agreement. Changes in bargaining unit shall not be effective until expiration of the MOU, except as may be determined by the Personnel Commission pursuant to the procedures outlined below. This provision shall modify and supersede the time limits, where inconsistent, contained in Section 7 of the current Employer - Employee Relations Resolution of the City of Huntington Beach. b) The City and the Association have agreed to a procedure whereby the City, by and through the PeFSORRel Diren+nr Human Resources Manager, would be entitled to propose a Unit Modification. The Association and the City agree to jointly recommend a modification of the City of Huntington Beach Employer -Employee Relations Resolution (Resolution Number 3335) upon the City's having completed its obligation to meet and confer on this issue with all other bargaining units. The proposed change to the Employer -Employee Relations Resolution is as follows: 7-3. Personnel Direction Motion of Unit Modification — The Personnel Diren+nr Human Resources Manager may propose, during the same period for filing a Petition for Decertification, that an established unit be modified in accordance with the following procedure: 1) The Per-sGRnel Vireo+or Human Resources Manager 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 Dire^+^r's Human Resources Manager's rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for appropriateness of Units. Additionally, the Personnel hirer+or Human Resources Manager 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 riiren+nr's Human Resources Manager's Proposal for Unit Modification any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 30 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT C€ — MODIFICATIONS TO EMPLOYEE -EMPLOYER RELATIONS RESOLUTION 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. Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 31 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT D — MODIFICATIONS TO PERSONNEL RULE 19 19-1. PURPOSE. The Durpose of this rule is to provide a means by which arievances of employees or employee organizations may be considered, discussed and resolved at the level closest to their point of origin. The grievance procedure provided for in this rule does not apply to the review of employee disciplinary matters which subject is treated in Rule 20 hereof. 19-2. DEFINITION. For the Durpose of this rule. a arievance is a dispute concerning the interpretation or application of any provision of the city's Employer -Employee Relations Resolution, or any provision of this resolution or any departmental rule governing personnel practices or working conditions, with the exception of matters excluded by Section 19-3. 19-3. MATTERS EXCLUDED FROM GRIEVANCE PROCEDURE. The following subjects are excluded from the grievance procedure provided for herein: (a) The review of employee disciplinary matters, which is treated in Rule 20 hereof. (b) All matters subject to impasse procedure, provided in the Employer -Employee Relations Resolution. 19-4. SUBMISSION OF GRIEVANCES. Any individual employee or recognized employee organization shall have the right to present a grievance. If two (2) or more employees have essentially the same grievance and report to the same supervisor, they may, and if requested to do so by the city, must jointly or collectively present and pursue their grievance. If a grievance is alleged by three (3) or more employees, the group shall, at the request of the city, appoint one of such employees to speak for the group. 19-5. GRIEVANCE PROCEDURE. The grievance procedure shall consist of the following steps, each of which must be completed prior to any request for further consideration of the matter unless otherwise provided herein: SteD 1. Informal Discussion (optional). If an emplovee feels that he has a .grievance, as defined in Section 19-2, he may request a meeting with his immediate supervisor within ten (10) days after the employee becomes aware or reasonably should have become aware of the subject matter of the grievance. The immediate supervisor, within five4%, ten (10) days of such request, shall meet with the employee when so requested and discuss the grievance in an effort to clarify the issue and work toward a cooperative settlement or resolution of the dispute. The immediate supervisor shall present, verbally or in writing, his decision to the emDlovee within five-(5) ten (10) days from the time of the informal discussion. Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 32 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT D — MODIFICATIONS TO PERSONNEL RULE 19 Step 2. Formal Procedure. Immediate Supervisor. If the grievance is not settled through informal discussion, or if the employee elects not to invoke his right to informal discussion, the employee may formally submit a grievance to his immediate supervisor within fiye464 ten (10) days following the decision pursuant to informal discussion, or in the event the employee does not elect to invoke his right to informal discussion, within ten (10) days after the occurrence which gives rise to the grievance or after the employee becomes aware or reasonably should have been aware of the subject matter of the grievance. Such submission shall be in writing stating the nature of the grievance and a suggested solution or requested remedy. Within €ve464 ten (10) days after receipt of the written grievance the immediate supervisor shall meet with the employee. Within #iye- ten (10) days thereafter written decision shall be given the employee by the immediate supervisor. Step 3. Department Head. In cases where the department head is not the immediate supervisor, if the grievance is not settled under Step 2, the grievance may be presented to the department head. The grievance shall be submitted within five464 ten (10) days after receipt of the written decision from Step 2. Within {'ten (10) days after receipt of the written grievance, the department head or his representative, shall meet with the employee and his immediate supervisor, if any. Within f+,, - ten (10) days thereafter written decision shall be given to the employee. Step 4. City Administrator. If the grievance is not settled under Step 3, the grievance may be presented to the City Administrator in accordance with the following procedure: Within fifteen (15) days after the time the decision is rendered under Step 3 above, a written statement of the grievance shall be filed with the Human Resources Manager who shall act as hearing officer and shall set the matter for hearing within fifteen (15) days thereafter and shall cause notice to be served upon all interested parties. The Human Resources Manager, or his representative, shall hear the matter de novo and shall make recommended findings conclusions and decision in the form of a written report and recommendation to the City Administrator within f+ye45� ten (10) days following such hearing. The City Administrator may, in his discretion, receive additional evidence or argument by setting the matter for hearing within ten (10) days following his receipt of such report and causing notice of such hearing to be served upon all interested parties. Within fve454 ten (10) days after receipt of report, or the hearing provided for above if such hearing is set by the City Administrator, the City Administrator shall make written decision and cause such to be served upon the employee or employee organization and the Human Resources Manager. Step 5. Personnel Beafd Commission. If the grievance is not settled under Step 4 it may be appealed to the Personnel 8e Commission for de novo hearing and final determination in accordance with the following procedure: Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 33 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT D - MODIFICATIONS TO PERSONNEL RULE 19 (a) Wthin-fiue464 ten (10) days after the time decision is rendered under Step 4 above a written statement of grievance shall be filed with the Pkefssnf DmFestef Human Resources Manager. Such statement of grievance shall set forth in detail the nature of the grievance, the facts surrounding the subject matter of the grievance, the contentions of the employee and the proposed solution or determination. (b) As soon as practicable thereafter, the Human Resources Manager shall set the matter for hearing before a hearing officer either selected by mutual consent of the parties or from a list provided by the Personnel Commission. Ratification of the hearing officer selected by mutual consent of the parties, if from a list approved by the Personnel Commission, shall not require separate approval or ratification by the Personnel Commission. The hearing officer shall hear the case and make recommended findings, conclusions and decision in the form of a written report and recommendation to the Personnel Commission. In lieu of the hearing officer process, the Personnel Commission may agree to hear a case directly upon submission of the case by mutual consent of the parties. 19-6. SUPPLEMENTAL HEARING BY PERSONNEL 9GARD COMMISSION (a) The 8e Commission may, in its sole discretion, after it has received the written report and recommendation of the hearing officer, set the matter for private hearing for the purpose of receiving additional evidence or argument. In the event the gea d Commission sets a private hearing for such purpose, the Personnel Difeetef Human Resources Manager shall give written notice of such to all parties concerned in such matter. (b) The Beafe Commission, following a consideration of the hearing officer's written report and recommendation and deliberation thereon and any supplemental hearing before the Beafe Commission, shall make findings, conclusions and decision which shall be final and binding on all parties and from which there shall be no further appeal. 19-7. GRIEVANCE. DEPARTMENT HEAD. Any department head who has a grievance may present it to the City Administrator for determination. The City Administrator shall render a written decision to said department head within We (a) ten (10) days after such submission, which decision may be appealed by the department head to the Personnel 8e Commission in accordance with Step 5 of Section 19-5. Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 34 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT E — VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Guidelines 1. Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either; return to work, long- term disability, or medical retirement. Derrnanen+ Employees who accrue vacation, general leave or compensatory time may donate such leave to another -employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The leave -sharing Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of vacation, general, or sick leave. 2. Definitions Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued compensatory, vacation or general leave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. 4. Eli ibilit DeFinanent °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. Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 35 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT E — VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's regular salary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient's hourly wage. An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Employees wanting to make donations will submit an Authorization for Donation to the Human Resources 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. Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 36 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT E - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Request Form According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated vacation, general leave or compensatory time. MY SIGNATURE CERTIFIES THAT: • A leave of absence in relation to a catastrophic illness or injury has been approved by my department; and • 1 am not receiving disability benefits or Workers' Compensation payments. Department Director Signature of Support: Date: RE, Please FetwFR this form to the Payroll Unit/Human Resources Division,feF esessi . Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 37 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT E — VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Dener e: (Pease PWnOj Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 38 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT E - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name: (Please Print or Type: Last, First, MI) 11 'Work Phone: Donor Job Title: e of Accrued Leave: Number of Hours I wish to Donate: Vacation Hours of Vacation Compensatory Time Hours of Compensatory Time General Leave Hours of General Leave i I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued vacation, comp or general leave hours to the Leave Donation Program for: Eligible recipient employee's name Last First MO: Please submit to Payroll in the Human Resources Division. Draft MSOA MOU v.1 12-6-06 Substantive and Non -Substantive Chgs 39 ATTACHMENT #3 RESOLUTION NO. 2007-4 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, 2006, TO SEPTEMBER 30, 2009 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, 2006, to September 30, 2009. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16 t h day of January 2007 rfi�=W�mv t- " - �W_ � REVIEWED AND APPROVED: APPROVED AS TO FORM: ity Ad inistrator (VCy ttorney V- 114a-06 INITIATED AND APPROVED: Ad qi ration C4_1�_w Deputy City Administrator -City Services 0"99/6605 Resolution No. 2007-4 EXHIBIT A Resolution No. 20074 MARINE SAFETY OFFICERS' ASSOCIATION 2006 - 2009 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS PREAMBLE1..................................................................................................................1 ARTICLE I - TERM OF MOU............................................................................................1 ARTICLE II - REPRESENTATIONAL UNIT/CLASSIFICATIONS....................................2 ARTICLE III - MANAGEMENT RIGHTS...........................................................................2 ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT..........................................2 ARTICLE V - SALARY SCHEDULE.................................................................................2 A. WAGE INCREASES............................................................................................................ 3 ARTICLE VI - SPECIAL PAY...........................................................................................3 A. EDUCATION INCENTIVE PAY.............................................................................................. 3 B. ACTING ASSIGNMENT PAY................................................................................................. 4 C. CERTIFICATION PAY.......................................................................................................... 4 D. HOLIDAY PAY -IN -LIEU ....................................................................................................... 4 E. BILINGUAL SKILL............................................................................................................... 4 F. EFFECTIVE DATE OF SPECIAL PAY..................................................................................... 5 G. NO PYRAMIDING OF SPECIAL PAY...................................................................................... 5 H. REPORTING TO PERS...................................................................................................... 5 ARTICLE VII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT .............................5 A. GENERAL POLICY............................................................................................................. 5 B. AFFECTED EMPLOYEES..................................................................................................... 5 C. PERSONAL PROTECTIVE EQUIPMENT................................................................................. 5 D. EMPLOYEE RESPONSIBILITIES........................................................................................... 5 E. CITY RESPONSIBILITIES.................................................................................................... 6 ARTICLE VIII - HOURS OF WORK/OVERTIME..............................................................6 A. HOURS OF WORK DEFINED............................................................................................... 6 B. OVERTIME/COMPENSATORY TIME...................................................................................... 6 1. Paid Overtime..................................................................................................................................6 2. Compensatory Time.........................................................................................................................6 3. Court Time........................................................................................................................................7 a. Court Standby..............................................................................................................................7 b. Court Appearance........................................................................................................................7 4. Holidays Worked.............................................................................................................................7 C. 4/10 WORK SCHEDULE DEFINED....................................................................................... 7 D. SHIFT EXCHANGE............................................................................................................. 7 MSOA MOU FINAL 06-09 I Resolution No. 20074 MARINE SAFETY OFFICERS' ASSOCIATION 2006 - 2009 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS.....................................7 A. HEALTH........................................................................................................................... 7 1. CalPERS PEMHCA......................................................................................--------..........------------......8 a. PEMHCA Employer Contributions.................................................................•------------.............-----8 b. Maximum Employer Contributions...............................................................................................9 2. Dental Insurance...............•--...........--•---....----............................---...............-----................................9 3. Retiree (Annuitant) Coverage...........................•--...........................................................................10 a. City Contribution (Unequal Contribution Method) for Retirees...................................................10 b. Termination of Participation in the CalPERS PEMHCA Program - Impact to Retirees..............10 4. Additional Costs for Participation in the PEMHCA program .......................................... .................10 a. Retiree and/or Annuitant Coverage............................................................................................10 b. Termination Clause .................................................................................................................... 11 B. MEDICAL CASH-OUT....................................................................................................... 11 C. SECTION 125 EMPLOYEE PLAN.........................................................•-------...................... 12 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 ..............................................................................14 3. 1959 Survivors' Benefit Level IV........................................•-.....................----•-------.------.------......--...14 4. Medical Insurance for Retirees.......................................................................................................14 B. PUBLIC EMPLOYEES' RETIREMENT SYSTEM REIMBURSEMENT AND REPORTING .................. 14 1. Employees' Contribution...............................................................................................•-------------....14 C. HEALTH SAVINGS ACCOUNT FOR POST RETIREMENT MEDICAL BENEFITS ........................... 14 D. PRE -RETIREMENT OPTIONAL SETTLEMENT 2 DEATH BENEFIT ........................................... 15 ARTICLE XI - LEAVE BENEFITS..................................................................................15 A. VACATION...................................................................................................................... 15 1. Accrual ............................................................................-----.............15 2. Eligibility and Permission................................................................................................................15 3. Conversion to Cash........................................................................................................................15 a. Cash Advance............................................................................................................................16 B. SICK LEAVE.................................................................................................................... 16 C. TIME OFF FOR INJURY OR ILLNESS.................................................................................. 16 D. FAMILY LEAVE BENEFIT ENTITLEMENTS............................................................................ 16 E. BEREAVEMENT LEAVE..................................................................................................... 16 F. DEFERRED COMPENSATION / LEAVE CASH-OUT............................................................... 17 G. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ................................................ 17 ARTICLE XII - CITY RULES..........................................................................................17 MSOA MOU FINAL 06-09 ii Resolution No. 20074 MARINE SAFETY OFFICERS' ASSOCIATION 2006 - 2009 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ARTICLE XIII - MISCELLANEOUS................................................................................17 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...................................................................... 18 F. GRIEVANCE HEARING COST SHARING.............................................................................. 18 G. PERSONNEL RULE 19 MODIFICATION............................................................................... 18 H. UPDATE EMPLOYEE -EMPLOYER RELATIONS RESOLUTION(EERR).................................... 18 I. MODIFIED RETURN TO WORK POLICY.............................................................................. 18 J. CONTROLLED SUBSTANCE AND ALCOHOL TESTING........................................................... 19 ARTICLE XIV - CITY COUNCIL APPROVAL................................................................20 EXHIBIT A - MSOA SALARY SCHEDULE.................................................................... 21 EXHIBIT B - SERVICE CREDIT SUBSIDY PLAN.........................................................23 EXHIBIT C - MODIFICATIONS TO EMPLOYEE - EMPLOYER RELATIONS RESOLUTION........................................................................................... 26 EXHIBIT D - MODIFICATIONS TO PERSONNEL RULE 19.........................................28 EXHIBIT E - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ...........31 MSOA MOU FINAL 06-09 Ili Resolution No. 2007-4 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 and the representatives of the Association, a duly recognized employee association, have met and conferred in good faith and reached a full agreement concerning wages, hours, and other terms and conditions of employment. WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this Agreement shall apply to all employees represented by the Association, and WHEREAS, the representatives of the City and Association desire to reduce their agreements to writing, NOW THEREFORE, this Memorandum of Understanding is made, to become effective October 1, 2006, 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, 2006 and ending at midnight on September 30, 2009. 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, 2009, 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 06-09 1 Resolution No. 20074 MARINE SAFETY OFFICERS' ASSOCIATION ARTICLE 11- 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 I ARTICLE III - MANAGEMENT RIGHTS The parties agree that the City has the right to unilaterally make decisions on all matters outside the scope of bargaining. Furthermore, except as expressly abridged or modified herein, the City retains all rights, powers and authority with respect to the management and direction of the performance of marine safety services and the work forces performing such services, provided that nothing herein shall change the City's obligation to meet and confer as to the effects of any such management decision upon wages, hours and terms and conditions of employment or be construed as granting the Director or the City the right to make unilateral changes in wages, hours, and terms and conditions of employment. Such rights include, but are not limited to, consideration of the merits, necessity, level or organization of City services, including establishing manning requirements, overtime assignments, number and location of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable for the performance of City services. The parties agree to meet and confer during the term of this agreement on revisions, changes, modifications and additions to the Personnel Rules and/or Department Rules when requested by City. ARTICLE 1V - 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. 06-09 2 Resolution No. 20074 MARINE SAFETY OFFICERS' ASSOCIATION A. Wage Increases 1. Effective the first full pay period that includes January 1, 2007, all Association employees shall receive a five percent (5%) wage increase. 2. Effective the first full pay period that included October 1, 2007, all Association employees shall receive a four and one half percent (4.5%) wage increase. 3. Effective the first full pay period that includes October 1, 2008, all Association employees shall receive a five percent (5%) wage increase. ARTICLE VI - SPECIAL PAY A. Education Incentive Pay Employees who possess a degree from an accredited college shall be eligible to receive education incentive pay as follows: 1. Bachelor's Degree — three percent (3%) above the base hourly rate 2. Associate's Degree — two percent (2%) above the base hourly rate 3. The maximum education incentive pay shall be three percent (3%). 4. All current employees who do not possess the degrees listed above shall continue to receive the education incentive pay in effect as of September 19, 2005. Such pay shall not increase unless an employee obtains one of the degrees listed above. In the event an employee obtains an Associate's or Bachelor's degree, only the special pay in #1 or #2 above shall apply and the following Education Incentive Level Plan shall no longer apply: Education Incentive Level College Units Maximum Training Points Years of Service Continuing Education College Units Required Annually Monthly Amount 1 30 10 1 6 $ 50 2 60 20 2 3 75 3 90 30 2 3 100 4 120 3 3 150 5 150 4 0 150 5. Employees hired after September 19, 2005 who do not possess a Bachelor's or an Associate's degree shall not be eligible for education incentive pay until a degree is attained. MSOA MOU FINAL 06-09 3 Resolution No. 20074 MARINE SAFETY OFFICERS' ASSOCIATION B. Acting Assignment Pay 1. When formally assigned to perform in an acting capacity in the absence of the Marine Safety Chief, a Marine Safety Lieutenant shall be compensated for each full hour worked at the rate of twelve and one-half percent (12 'h%) of the employee's base hourly rate of pay. 2. Acting Chief selection shall be made at the discretion of the Department Head or designee and seniority will not be the controlling criteria. C. Certification Pay 1. Marine Safety Officer II (MSO 11) — Employees classified as MSO II shall receive five percent (5%) above their base hourly rate for maintaining active certification in all of the following: SCUBA/Rescue, ICS (incident Command System) 100 and 200; Instructor 1A and 113; SCUBA/Dry Suit; and Instructor Emergency Response Red Cross. 2. Marine Safety Lieutenant — Employees classified as Marine Safety Lieutenant shall receive five percent (5%) above their base hourly rate for maintaining active certification in all of the following: ICS (Incident Command System) 300; Command 1A and 1B; and Management 1. D. Holiday Pay -In -Lieu In addition to regular compensation, employees shall receive, each month, one - twelfth (1/12) of the total holiday hours (80) earned for the year. Employees shall be entitled to an additional eight (8) hours of pay at their regular rate for any day declared by the President of the United States to be a national holiday, or any day declared by the Governor of the State 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 Employees who are approved by their Department Head to use their bilingual abilities as part of their job assignment shall be paid an additional five percent (5%) above their base hourly rate. Said employees must be tested and be certified by the Human Resources 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. MSOA MOU FINAL 06-09 4 Resolution No. 20074 MARINE SAFETY OFFICERS' ASSOCIATION F. Effective Date of Special Pay All special pay shall be effective the first full pay period following certification and verification as approved by the Department Head or designee. G. No Pyramiding of Special Pay Each special pay that is a percentage of base hourly pay shall not be counted towards the value of any other special pay. H. Reporting to PERS Pursuant tostate law and regulations, compensation paid as a result of this Article shall be reported to the California Public Employees' Retirement System (CaIPERS) as special compensation. ARTICLE VII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. General Policy The City provides uniforms to employees on active duty who are required to wear a standard uniform for appearance, uniformity, and public recognition purposes. B. Affected Employees All employees shall wear a standard City uniform, as provided in the City of Huntington Beach Community Services Department General Order III. The Department Head shall determine which employees must wear a uniform. C. Personal Protective Equipment All personal protective equipment shall be provided based on employee safety needs for the performance of duties as approved by the Department Head. D. Employee Responsibilities 1. To wear a clean and complete uniform as required. 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. MSOA MOU FINAL 06-09 5 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION 5. To notify supervisor of the need to replace due to disrepair or severe staining producing an undesirable appearance. 6. To turn in all uniform components, including patches upon separation from employment. 7. To turn in all personal protective equipment upon separation from employment. 8. To wear all personal protective equipment prescribed by the City safety officer and/or Supervisor of the division. E. City Responsibilities 1. To provide or pay for required uniforms. 2. The City will report to CalPERS the average annual cost of uniforms for each employee as special compensation in accordance with Title 2, California Code of Regulations, Section 571(a)(5). For employees who are not required to wear a uniform on a daily basis or who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms shall apply. ARTICLE VIII - HOURS OF WORK/OVERTIME A. Hours of Work Defined For purposes of this article, calculating overtime, approved vacation, sick leave and compensatory time shall count as hours worked. B. Overtime/Compensatory Time 1. Paid Overtime a. Overtime is defined as one and one half (1 1/2) times the employee's regular rate of pay for all time worked in excess of their scheduled work shift. b. Regular rate of pay is defined as the employee's base hourly rate of pay plus their eligible special pays. 2. Compensatory Time Employees may elect to receive compensatory time off that may be earned to a maximum of one hundred twenty (120) hours in lieu of such overtime pay. Employees may convert up to sixty (60) hours of compensatory time to cash at the employee's regular rate of pay once per calendar year. MSOA MOU FINAL 06-09 6 Resolution No. 20074 MARINE SAFETY OFFICERS' ASSOCIATION 3. Court Time a. Court Standbv Employees required to be on standby for a court appearance during other than their scheduled working hours shall receive a minimum of two (2) hours their regular rate of pay for each morning and afternoon court sessions. b. Court Appearance Employees required to appear in court during other than their scheduled working hours shall receive a minimum of three (3) hours at the overtime rate. 4. Holidays Worked Employees who work on a recognized City holiday shall be compensated at the overtime rate for all hours worked. C. 4/10 Work Schedule Defined The 4/10 work schedule shall be defined as working four (4) days, ten (10) hours per day, for a total of forty (40) hours per week. The 4/10 work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). All employees on the 4/10 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions which, in the opinion of the City Administrator, Community Services Department Director or their designee, may require such service from any of said employees. D. Standbv An employee who is authorized to be on standby status by their Supervisor shall be compensated two (2) hours at the overtime rate for each eight (8) hour standby period, or any part thereof. A Supervisor shall notify an available employee, in advance, of the need to be on standby status. ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS A. Health The City shall continue to make available group medical, dental and vision benefits to all association employees. The effective date for medical, dental and vision coverage is the first of the month following date of hire. Effective the first of the month following the employee's date of hire, any required employee payroll deduction shall begin with the first full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates, unless otherwise MSOA MOU FINAL 06-09 7 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION precluded by CalPERS PEMCHA. All employee contributions shall be deducted on a pre-tax basis. A copy of the medical, dental and vision plan brochures may be obtained from the Human Resources Office. 1. California Public Employees' Retirement System - Public Employees' Medical and Hospital Care Act (CaIPERS PEMHCA) The City presently contracts with CalPERS to provide medical coverage. The City is required under CalPERS PEMHCA to make a contribution to retiree medical premiums. A retiree's right to receive a City contribution, and the City's obligation to make payment on behalf of retirees, shall only exist as long as the City contracts with CalPERS for medical insurance. In addition, while the City is in CalPERS, its obligations to make payments on behalf of retirees shall be limited to the minimum payment required by law. a. PEMHCA Employer Contributions The City shall contribute on behalf of each employee, the mandated minimum sum as required per month toward the payment of premiums for medical insurance under the PEMHCA program. As the mandated minimum is increased, the City shall make the appropriate adjustments by decreasing its flex benefits contribution accordingly as defined in the following sub -section. b. Maximum Employer Contributions Toward Flex Benefits For the term of this agreement, the City's maximum monthly employer contribution for each employee's medical and vision insurance premiums are set forth as follows: i. Effective January 1, 2007, the City Contribution shall be the sum of the participating Orange County Blue Shield HMO PEMHCA Plan plus the VSP Vision Plan premiums for each of the following categories: a. Employee only ("EE") b. Employee + one dependent ("EU + 1) C. Employee + two or more dependents ("EU + 2) The maximum City Contribution shall be based on the employee's enrollment in each plan. The parties agree that the required PEMHCA contribution is included in this sum stated in the sub- section above. If the employee enrolls in a plan wherein the costs exceed the City Contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions. MSOA MOU FINAL 06-09 8 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION ii. Effective January 1, 2008, the City Contribution in each category shall increase in an amount not to exceed ten percent (10%) of the City's Contribution for 2007. Any increase in premiums above the City's ten percent (10%) Contribution Cap will be the responsibility of the employee. In the event the increase to the City contribution is less than ten percent (10%), the employee will not be entitled to receive the difference. iii. Effective January 1, 2009, the City Contribution in each category shall increase in an amount not to exceed ten percent (10%) of the City's Contribution in 2008. Any increase in premiums above the City's ten percent (10%) Contribution Cap will be the responsibility of the employee. In the event the increase to the City contribution is less than ten percent (10%), the employee will not be entitled to receive the difference. iv. In the event the Orange County Blue Shield HMO Plan is no longer a PEMCHA option, the City's Contribution for 2008 and 2009 shall increase by ten percent (10%) each year, provided that the City's Contribution shall not exceed the amount of an employee's actual premium. 2. Dental Insurance The annual maximum benefit for the Delta Dental PPO plan is $2000 (two thousand dollars). a. Effective January 1, 2007, the maximum City Contribution shall be equivalent to the premium for the Delta Dental PPO plan based on the employee's enrollment of employee only ("EE"), employee plus one dependent ("EE+1 ") or employee plus two or more dependents ("EE+2"). b. Effective January 1, 2008, the City Contribution shall increase in an amount not to exceed five percent (5%) of the City's Contribution for 2007. Any increase in premiums above the City's five percent (5%) Contribution Cap will be the responsibility of the employee. In the event the increase to the City contribution is less than five percent (5%), the employee will not be entitled to receive the difference. c. Effective January 1, 2009, the City Contribution shall increase in an amount not to exceed five percent (5%) of the City's Contribution for 2008. Any increase in premiums above the City's five percent (5%) Contribution Cap will be the responsibility of the employee. In the event the increase to the City contribution is less than five percent (5%), the employee will not be entitled to receive the difference. MSOA MOU FINAL 06-09 9 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION 3. Retiree (Annuitant) Coverage As required by the Government Code, retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. The City's requirement to provide retirees and/or annuitants medical coverage is solely governed by the Government Code that requires the City to extend this benefit to retirees (annuitants). While the City is contracted with CalPERS to participate in the PEMHCA program, CalPERS shall be the sole determiner of eligibility for retiree and/or annuitant to participate in the PEMHCA program. a. City Contribution (Unequal Contribution Method) for Retirees As provided by the Government Code and the CaIPERS Board, and requested by the Association, the City shall use the Unequal Contribution Method to make City contributions on behalf of each retiree or annuitant. The starting year for the unequal contributions method is 2004 at $1.00 per month. The City's contribution for each annuitant shall be increased annually by five percent (5%) of the monthly contribution for employees, until such time as the contributions are equal. The Service Credit Subsidy will be reduced every January 1st by an amount equal to any required amount to be paid by the City on behalf of the retiree (annuitant). The City shall make these payments only while the City is a participant in the PEMHCA program. b. Termination of Participation in the CalPERS PEMHCA program — Impact to Retirees The City's requirement to provide retirees (annuitants) medical coverage is solely governed by the Government Code requirement that PEMHCA agencies extend this benefit to retirees (annuitants). If by agreement between the Association and the City or if the City elects to impose termination of its participation in the PEMHCA program, retirees (annuitants) shall no longer be eligible for City provided medical insurance. In the event that the City terminates its participation in the PEMHCA program, the retiree medical subsidy program in place in Resolution No. 2000-123 Exhibit D to the Memorandum of Understanding shall be reinstated. The City shall make any necessary modifications to conform to the new City sponsored medical insurance plan. 4. Additional Costs for Participation in the PEMHCA program a. Retiree and/or Annuitant Coverage The Association shall pay to the City an amount equal to $1.00 per month for each additional retiree and/or annuitant in the bargaining unit who elects to participate in the PEMHCA plan but is not participating in the City MSOA MOU FINAL 06-09 10 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION sponsored retiree medical program as of the beginning of a pay period after the PEMHCA program is in place. Each January 1st the amount per month paid to the City for each retiree and/or annuitant described above shall increase by the amount PEMHCA requires the City to pay on behalf of each retiree (annuitant). Article IX.A.3.a. provides an example of expected payments per retiree or annuitant per month. In the event of passage of State Legislation, Judicial Rulings, or 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 CaIPERS 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 MSOA MOU FINAL 06-09 11 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION premium, unless the employee opts out of the City's medical plan (in which case the employee will not receive the cash benefit). C. Section 125 Employee Plan The City shall provide an Internal Revenue Code section 125 employee plan that allows employees to use pre-tax salary to pay for regular childcare, adult dependent care and/or unreimbursed medical expenses as determined by the Internal Revenue Code. D. Life and Accidental Death and Dismemberment (AD&D) Insurance Coverage The City will provide fifty thousand dollars ($50,000) of term life insurance and fifty thousand dollars ($50,000) of AD&D insurance coverage for each employee at the City's cost, without evidence of insurability other than evidence of full time employment status. Optional insurance is available at the employee's own cost. E. Long Term Disability Insurance 1. The existing long-term disability program provided to employees by the City shall remain in effect. The existing long-term disability program has a sixty (60) calendar day qualifying period. After the sixty (60) calendar day qualifying period', the employee will be covered by an insurance plan paid for by the City which will provide 66 2/3% of the employee's salary rate (excluding overtime and any special pay) up to a maximum of $10,000 a month in accordance with the following: 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 Please note that Article XI Section C. Sick Leave Compensation provides up to sixty (60) calendar days paid sick leave per incident or illness. MSOA MOU FINAL 06-09 12 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION 2. The LTD Plan is integrated with Workers' Compensation, Social Security and other non -private program benefits to which entitled. 3. Disability is defined as the inability to perform all of the duties of the employee's regular occupation during two (2) years and thereafter the inability to engage in any employment or occupation for which he/she is fitted by reason of education, training or experience. 4. The LTD Plan provides for a Survivors' benefit payment for three (3) months beyond the employee's death. 5. The terms and conditions of the disability insurance coverage are set forth in the policy, a copy of which is on file in the Human Resources Division office. In the event of any conflict between the policy and this article, the policy shall control. The City may change insurance companies, policies, or self -insure this benefit, provided that the plans shall remain comparable to that currently in effect. 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 CalPERS, not to exceed two and one quarter percent (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 nine percent (9%) of the employee's compensation earnable to eight percent (8%) of the employee's compensation earnable. If, on the other hand, the City is required to contribute an amount equal to eight percent (8%) of each employee's "compensation earnable," the amount of the reimbursement shall be reduced to six and three quarter percent (6.75%) of the employee's compensation earnable. MSOA MOU FINAL 06-09 13 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION 2. Self -Funded Supplemental Retirement Benefit In the event an employee elects Option #2 (Section 21333) or Option #3 (Section 21334) of the Public Employees' Retirement Law, and the employee is a unit employee who was hired before November 2, 1998, the City shall pay the difference between such elected option and the unmodified allowance which the employee would have received for his or her life alone. This payment shall be made only to the employee, shall be payable by the City during the life of the employee, and upon that employee's death, the City's obligation shall cease. The method of funding for this benefit shall be at the sole discretion of the City. This benefit is vested for employees hired before November 2, 1998. All unit employees hired on or after November 2, 1998 shall not be eligible for this benefit. (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. 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 nine percent (9%) of the employee's base salary plus education incentive pay as pickup of a portion of each employee's CaIPERS contribution. The above CaIPERS pickup is not base salary but is 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. MSOA MOU FINAL 06-09 14 Resolution No. 20074 MARINE SAFETY OFFICERS' ASSOCIATION D. Pre -Retirement Optional Settlement 2 Death Benefit The City provides its safety employees Pre -Retirement Optional Settlement 2 Death Benefit. ARTICLE XI - LEAVE BENEFITS A. Vacation: The purpose of annual vacation is to provide a rest period, which will enable each employee to return to work physically and mentally refreshed. 1. Accrual: Employees in City service, having an average workweek of forty (40) hours (full time), shall accrue annual vacations with pay in accordance with the following: Years of Service Vacation Allowance First through Fourth Year 112 hours Fifth through Ninth Year 136 hours Tenth through Fourteenth Year 160 hours Fifteenth Year and Thereafter 192 hours 2. Eligibility and Permission a. For the purpose of computing vacation, an employee's anniversary date shall be the most recent date on which he/she commenced full-time City employment. b. Permanent, part-time employees assigned a work schedule of less than thirty (30) hours but more than twenty (20) hours per week shall receive vacation in one-half the amounts set forth above. Employees assigned to a workweek of less than forty (40) and more than thirty (30) hours per week shall receive vacation in three -fourths (3/4) the amounts set forth above. c. No employee shall be permitted to take a vacation in excess of actual time earned and vacation shall not be accrued in excess of three hundred twenty (320) 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 eighty (80) hours of pay per fiscal year for accrued vacation in lieu of time off. It is the intent of the parties that employees will take vacation during the fiscal year. MSOA MOU FINAL 06-09 15 Resolution No. 20074 MARINE SAFETY OFFICERS' ASSOCIATION a. Pay -Off at Separation from Employment Upon separation from employment th compensation at his/her current regula vacation to which he/she is entitled up his/her -separation from employment. B. Sick Leave e terminating employee shall receive r rate of pay for all unused, earned to and including the effective date of As of July 31, 1974, all sick leave accumulation was frozen for purposes of payoff upon termination and no additional time will be accumulated. Salary continuation for approved sick leave is covered under Article IX.E. C. Time Off for Injury or Illness All employees shall be entitled to use up to sixty (60) calendar days paid leave per injury or illness. This leave shall not accumulate or have any cash value as such employees may not cash out unused leave upon separation of employment from the City D. Family Leave Benefit Entitlements As employees do not accrue sick leave, all employees will be allowed to use up to (sixty) 60 hours per calendar year for to care for a child, parent, spouse, or registered domestic partner during illness. The City will provide family and medical care leave for eligible employees that meet all requirements of State and Federal law. Rights and obligations are set forth in the Department of Labor Regulations implementing the Family Medical Leave Act (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). The City shall comply with all State and Federal leave benefit entitlement laws. An employee on an approved leave shall be allowed to use paid sick leave and earned vacation, and/or compensatory time for the duration of the approved leave. E. Bereavement Leave Employees are entitled to bereavement leave not to exceed three (3) working days per calendar year per incident of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, registered domestic partner, children, grandfather, grandmother, stepfather, stepmother, stepgrandfather, stepg rand 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. MSOA MOU FINAL 06-09 16 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION F. Deferred Compensation/ Leave Cash -Out The value of any unused earned leave benefits may be transferred to deferred compensation in connection with separation from employment, but only during the time that the employee is actively employed with the City. The employee must request the transfer no later than the pay period prior to the employee's last day of employment. G. Voluntary Catastrophic Leave Donation Program Under certain conditions, employees may donate leave time to another employee in need. The program is outlined in Exhibit E of this Memorandum of Understanding. ARTICLE XII - CITY RULES All City Personnel Rules shall apply to Association members, however, to the extent this MOU modifies the City's Personnel Rules, the Personel Rules as modified will apply to Association members. ARTICLE XIII — MISCELLANEOUS A. Salary Upon Appointment When an appointment of a recurrent lifeguard to the classification of Marine Safety Officer occurs, the salary step upon appointment shall be determined in the same manner as salary step upon promotions under the City's Personnel Rules. B. Physical Examinations The City agrees to pay for bi-annual physical examinations, to include stress EKG, when authorized by the Department Head, with the understanding that results thereof may be utilized for the determination of the employee's continued ability to perform duties of the position. A copy of the physical examination shall be provided to the employee upon his request. C. Conditioning Time Unit employees may be allowed up to one (1) hour on each regularly scheduled shift to be used for physical conditioning. D. 1,500 Hour Recurrent Employees The Association agrees to permit the City to implement a fifteen hundred (1,500) work hour per year for non-HBMSOA positions, subject to official change in Personnel Rules 5-24. MSOA MOU FINAL 06-09 17 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION E. Collection of Payroll Overpayments In the event that a payroll over payment is discovered and verified, and considering all reasonable factors including the length of time that the over payment was made and if and when the employee could have reasonably known about such over payment, the City will take action to collect from the employee the amount of over payment(s). Such collection shall be processed by payroll deduction over a reasonable period of time considering the total amount of over payment. In the event the employee separates from employment during the collection period, the final amount shall be deducted from the last payroll check of the employee. If applicable, the balance due from the employee shall be communicated upon employment separation if the last payroll check does not sufficiently cover the amount due the City. It shall be the responsibility of the employee and the City to periodically monitor the accuracy of compensation payments or reimbursements due to the possibility of a clerical oversight or error. The City reserves the right to also collect compensation over payments caused by or the result of misinterpretation of a pay provision by non -authorized personnel. The interpretation of all pay provisions shall be administered by the City Administrator or designee. Unauthorized compensation payments shall not constitute a past practice. F. Grievance Hearing Cost Sharing Grievance hearing costs shall be shared equally by the City and the Association. The parties agree that under no circumstances shall the grievant(s) be required to pay any part of the grievance hearing costs. G. Personnel Rule 19 Modification City and Association agree to implement Personnel Rule 19 modifications as provided in Exhibit D attached hereto and incorporated by reference. H. Update Employee -Employer Relations Resolution (EERR) During the term of the Agreement, the City and the Association agree to meet and confer to update the Employee -Employer Relations Resolution to reflect current state law. Modified Return to Work Policy The City and the Association agree to meet and confer during the term of the Agreement to establish a modified return to work policy for employees who experience industrial or non -industrial illness and/or injury. MSOA MOU FINAL 06-09 18 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION J. Controlled Substance and Alcohol Testing The City maintains the right to conduct a test during working hours of any employee that it reasonably suspects is under the influence of alcohol or a controlled substance in the workplace, consistent with department policy. MSOA MOU FINAL 06-09 19 Resolution No. 20074 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 16th day of January , 2007. CITY OF HUNTINGTON BEACH A Municipal Corporation 7 l Penelppe Culbreth-Graft Administrator By: Bob Ha Deputy City Administrator HUN71NGTON BEACH MARINE SAFETY OFFICERS' ASSN. By. ve t r President MSOA By: ark Reid Business Agen// i By: By: Rene' LMayne Chiefedotiator By: ✓ K ndo Marin of C By: tti Ahumada Negotiations Team Member By: zn�� JerWifer Lampman Negotiations Team Member Greg Cr�lw - Vice President - MSOA - Mike Beueriein Negotiations Team Member APP D AS TO FORM T Jennifer cGrath l 3— City Attomey MSOA MOU FINAL 06-09 20 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT A — MSOA SALARY SCHEDULE EffectiveJanuary 1, 2007 (Wage increase of 5%) Step Job Code Classification Range A B C D E 0467 Marine Safety Officer 1 512 $4,857 $5,124 $5,406 $5,704 $6,018 $28.02 $29.56 $31.19 $32.91 $34.72 0468 Marine Safety Officer II 537 $5,503 $5,807 $6,126 $6,462 $6,817 $31.75 $33.50 $35.34 $37.28 $39.33 0105 Marine Safety Lieutenant 560 $6,172 $6,512 $6,871 $7,249 $7,647 $35.61 $37.57 $39.64 $41.82 $44.12 Effective October 1, 2007 (Wage increase of 4.5%) Step Job Code Classification Range A B C D E $5,084 $5,363 $5,658 $5,968 $6,295 0467 Marine Safety Officer 1 521 $29.33 $30.94 $32.64 $34.43 $36.32 $5,755 $6,072 $6,406 $6,758 $7,129 0468 Marine Safety Officer II 546 $33.20 $35.03 $36.96 $38.99 $41.13 $6,457 $6,812 $7,186 $7,582 $7,999 0105 Marine Safety Lieutenant 569 $37.25 $39.30 $41.46 $43.74 $46.15 MSOA MOU FINAL 06-09 21 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT A — MSOA SALARY SCHEDULE Effective October 1, 2008 (Wage increase of 5%) Step Job Code Classification Range A B C D E 0467 Marine Safety Officer 1 531 $5,342 $5,635 $5,945 $6,273 $6,618 $30.82 $32.51 $34.30 $36.19 $38.18 $6,049 $6,382 $6,734 $7,105 $7,495 0468 Marine Safety Officer 11 556 $34.90 $36.82 $38.85 $40.99 $43.24 $6,788 $7,160 $7,554 $7,970 $8,408 0105 Marine Safety Lieutenant 579 $39.16 $41.31 $43.58 $45.98 $48.51 MSOA MOU FINAL 06-09 22 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT B — SERVICE CREDIT SUBSIDY PLAN An employee who has retired from the City and meets the plan participation requirements shall receive a monthly Service Credit Subsidy to reimburse the retiree for the payment of qualified medical expenses incurred for the purchase of medical insurance. Plan Participation Requirements 1. At the time of retirement the employee has a minimum of ten (10) years of continuous regular (permanent) City service or is granted an industrial disability retirement; and 2. At the time of retirement, the employee is employed by the City; and 3. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees' Retirement System (CaIPERS). The City's obligation to pay the Service Credit Subsidy as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: a. During any period the retired employee is eligible to receive or receives medical insurance coverage at the expense of another employer, the payment will be suspended. "Another employer" as used herein means private employer or public employer or the employer of a spouse. As a condition of being eligible to receive the Service Credit Subsidy as set forth in this plan, the City shall have the right to require any retiree to annually certify that the retiree is not receiving or eligible to receive any such medical insurance benefits from another employer. If it is later discovered that a misrepresentation has occurred, the retiree will be responsible for reimbursement of those amounts inappropriately expended and the retiree's eligibility to receive further benefits will cease. b. On the first of the month in which a retiree or dependent reaches age sixty five (65) or on the date the retiree or dependent can first apply and become eligible, automatically or voluntarily, for medical coverage under Medicare (whether or not such application is made) the City's obligation to pay Service Credit Subsidy may be adjusted downward or eliminated. c. In the event of the death of an eligible employee, whether retired or not, the amount of the Service Credit Subsidy benefit which the deceased employee was eligible for at the time of his/her death shall be paid to the surviving spouse or dependent for a period not to exceed twelve (12) months from the date of death. 4. Minimum Eligibility for Benefits — With the exception of an industrial disability retirement, eligibility for Service Credit Subsidy begins after an employee has completed ten (10) years of continuous regular (permanent) service with the City of MSOA MOU FINAL 06-09 23 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT B -- 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 one hundred twenty dollars ($120). Payments shall be in accordance with the stipulations and conditions, which exist for all retirees. 6. Service Credit Subsidy — Payment shall not exceed dollar amount, which is equal to the qualified medical expenses incurred for the purchase of city sponsored medical insurance. 7. Maximum Monthly Service Credit Subsidy Payments - All retirees, including those retired as a result of disability whose number of years of service prior to retirement exceeds ten (10), continuous years of regular (permanent) service shall be entitled to maximum monthly Service Credit Subsidy by the City for each year of completed City service as follows: Maximum Service Credit Subsidy Retirements After: Service Credit Years of Service Subsidy 10 $ 120 11 135 12 150 13 165 14 180 15 195 16 210 17 225 18 240 19 255 20 270 21 285 22 299 23 314 24 329 25 343 The Service Credit Subsidy will be reduced every January 1st by an amount equal to any required amount to be paid by the City on behalf of the retiree MSOA MOU FINAL 06-09 24 Resolution No. 20074 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT B — 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 sixty-five (65). Those with sufficient credited quarters of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited quarters are still eligible for Medicare at age sixty five (65), but will have to pay for Part A of Medicare if the individual elects to take Medicare. In all cases, the participant pays for Part B of Medicare. b. When a retiree and his/her spouse are both sixty-five (65) or over, and neither is eligible for paid Part A of Medicare, the Service Credit Subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. c. When a retiree at age sixty-five (65) is eligible for paid Part A of Medicare and his/her spouse is not eligible for paid Part A of Medicare, the spouse shall not receive the subsidy. When a retiree at age sixty-five (65) is not eligible for paid Part A of Medicare and his/her spouse who is also age sixty-five (65) is eligible for paid Part A of Medicare, the subsidy shall be for the retiree's Part A only. 9. Cancellation a. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: Coverage for a retiree under the Service Credit Subsidy Plan will be eliminated on the first day of the month in which the retiree reaches age sixty-five (65). At age sixty-five (65) retirees are eligible to make application for Medicare. Upon being considered "eligible to make application," whether or not application has been made for Medicare, the Service Credit Subsidy Plan will be eliminated. MSOA MOU FINAL 06-09 25 Resolution No. 20074 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT C — MODIFICATIONS TO EMPLOYEE -EMPLOYER RELATIONS RESOLUTION A. Employer -Employee Relations Resolution 1. Modification of Section 7 — Decertification and Modification a) The City and the Association desire to maintain labor stability within the representational unit to the greatest extent possible, consistent with the employee's right to select the representative of his or her own choosing. For these purposes, the parties agree that this Agreement shall act as a bar to appropriateness of this unit and the selection of the representative of this unit, except during the month of August prior to the expiration of this Agreement. Changes in bargaining unit shall not be effective until expiration of .the MOU, except as may be determined by the Personnel Commission pursuant to the procedures outlined below. This provision shall modify and supersede the time limits, where inconsistent, contained in Section 7 of the current Employer - Employee Relations Resolution of the City of Huntington Beach. b) The City and the Association have agreed to a procedure whereby the City, by and through the Human Resources Manager, would be entitled to propose a Unit Modification. The Association and the City agree to jointly recommend a modification of the City of Huntington Beach Employer -Employee Relations Resolution (Resolution Number 3335) upon the City's having completed its obligation to meet and confer on this issue with all other bargaining units. The proposed change to the Employer -Employee Relations Resolution is as follows: 7-3. Personnel Direction Motion of Unit Modification Manager may propose, during the same period Decertification, that an established unit be modified following procedure: — The Human Resources for filing a Petition for in accordance with the 1) The Human Resources Manager shall give written notice of the proposed Unit Modification of Modifications to all employee organizations that may be affected by the proposed change. Said written notification shall contain the Human Resources Manager's rationale for the proposed change including all information which justifies the change pursuant to the criteria established in Section 6-5 for appropriateness of Units. Additionally, the Human Resources Manager shall provide all affected employee organizations with all correspondence, memoranda, and other documents which relate to any input regarding the Unit Modification which may have been received by the City or from affected employees and/or sent by the City to affected employees; 2) Following receipt of the Human Resources Manager's Proposal for Unit Modification any affected employee organization shall be afforded not less than thirty (30) days to receive input from its members regarding the proposed change and to formulate a written and/or oral response to the Motion for Unit Modification to the Personnel Commission; MSOA MOU FINAL 06-09 26 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT C — 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 06-09 27 MARINE SAFETY OFFICERS' ASSOCIAT16g1n 1. 20074 EXHIBIT D — MODIFICATIONS TO PERSONNEL RULE 19 19-1. PURPOSE. The purpose of this rule is to provide a means by which grievances of employees or employee organizations may be considered, discussed and resolved at the level closest to their point of origin. The grievance procedure provided for in this rule does not apply to the review of employee disciplinary matters which subject is treated in Rule 20 hereof. 19-2. DEFINITION. For the purpose of this rule, a grievance is a dispute concerning the interpretation or application of any provision of the city's Employer - Employee Relations Resolution, or any provision of this resolution or any departmental rule governing personnel practices or working conditions, with the exception of matters excluded by Section 19-3. 19-3. MATTERS EXCLUDED FROM GRIEVANCE PROCEDURE. The following subjects are excluded from the grievance procedure provided for herein: (a) The review of employee disciplinary matters, which is treated in Rule 20 hereof. (b) All matters subject to impasse procedure, provided in the Employer - Employee Relations Resolution. 19-4. SUBMISSION OF GRIEVANCES. Any individual employee or recognized employee organization shall have the right to present a grievance. If two (2) or more employees have essentially the same grievance and report to the same supervisor, they may, and if requested to do so by the city, must jointly or collectively present and pursue their grievance. If a grievance is alleged by three (3) or more employees, the group shall, at the request of the city, appoint one of such employees to speak for the group. 19-5. GRIEVANCE PROCEDURE. The grievance procedure shall consist of the following steps, each of which must be completed prior to any request for further consideration of the matter unless otherwise provided herein: Step 1. Informal Discussion (optional). If an employee feels that he has a grievance, as defined in Section 19-2, he may request a meeting with his immediate supervisor within ten (10) days after the employee becomes aware or reasonably should have become aware of the subject matter of the grievance. The immediate supervisor, within ten (10) days of such request, shall meet with the employee when so requested and discuss the grievance in an effort to clarify the issue and work toward a cooperative settlement or resolution of the dispute. The immediate supervisor shall present, verbally or in writing, his decision to the employee within ten (10) days from the time of the informal discussion. MSOA MOU FINAL 06-09 28 MARINE SAFETY OFFICERS' ASSOCIATION No. 2007-4 EXHIBIT D — MODIFICATIONS TO PERSONNEL RULE 19 Step 2. Formal Procedure. Immediate Supervisor. If the grievance is not settled through informal discussion, or if the employee elects not to invoke his right to informal discussion, the employee may formally submit a grievance to his immediate supervisor within ten (10) days following the decision pursuant to informal discussion, or in the event the employee does not elect to invoke his right to informal discussion, within ten (10) days after the occurrence which gives rise to the grievance or after the employee becomes aware or reasonably should have been aware of the subject matter of the grievance. Such submission shall be in writing, stating the nature of the grievance and a suggested solution or requested remedy. Within ten (10) days after receipt of the written grievance, the immediate supervisor shall meet with the employee. Within ten (10) days thereafter written decision shall be given the employee by the immediate supervisor. Step 3. Department Head. In cases where the department head is not the immediate supervisor, if the grievance is not settled under Step 2, the grievance may be presented to the department head. The grievance shall be submitted within ten (10) days after receipt of the written decision from Step 2. Within ten (10) days after receipt of the written grievance, the department head or his representative, shall meet with the employee and his immediate supervisor, if any. Within ten (10) days thereafter written decision shall be given to the employee. Step 4. City Administrator. If the grievance is not settled under Step 3, the grievance may be presented to the City Administrator in accordance with the following procedure: Within fifteen (15) days after the time the decision is rendered under Step 3 above, a written statement of the grievance shall be filed with the Human Resources Manager who shall act as hearing officer and shall set the matter for hearing within fifteen (15) days thereafter and shall cause notice to be served upon all interested parties. The Human Resources Manager, or his representative, shall hear the matter de novo and shall make recommended findings, conclusions and decision in the form of a written report and recommendation to the City Administrator within ten (10) days following such hearing. The City Administrator may, in his discretion, receive additional evidence or argument by setting the matter for hearing within ten (10) days following his receipt of such report and causing notice of such hearing to be served upon all interested parties. Within ten (10) days after receipt of report, or the hearing provided for above, if such hearing is set by the City Administrator, the City Administrator shall make written decision and cause such to be served upon the employee or employee organization and the Human Resources Manager. Step 5. Personnel Commission. If the grievance is not settled under Step 4, it may be appealed to the Personnel Commission for de novo hearing and final determination in accordance with the following procedure: MSOA MOU FINAL 06-09 29 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT D — MODIFICATIONS TO PERSONNEL RULE 19 (a) Within ten (10) days after the time decision is rendered under Step 4 above, a written statement of grievance shall be filed with the Human Resources Manager. Such statement of grievance shall set forth in detail the nature of the grievance, the facts surrounding the subject matter of the grievance, the contentions of the employee and the proposed solution or determination. (b) As soon as practicable thereafter, the Human Resources Manager shall set the matter for hearing before a hearing officer either selected by mutual consent of the parties or from a list provided by the Personnel Commission. Ratification of the hearing officer selected by mutual consent of the parties, if from a list approved by the Personnel Commission, shall not require separate approval or ratification by the Personnel Commission. The hearing officer shall hear the case and make recommended findings, conclusions and decision in the form of a written report and recommendation to the Personnel Commission. In lieu of the hearing officer process, the Personnel Commission may agree to hear a case directly upon submission of the case by mutual consent of the parties. 19-6. SUPPLEMENTAL HEARING BY PERSONNEL COMMISSION (a) The Commission may, in its sole discretion, after it has received the written report and recommendation of the hearing officer, set the matter for private hearing for the purpose of receiving additional evidence or argument. In the event the Commission sets a private hearing for such purpose, the Human Resources Manager shall give written notice of such to all parties concerned in such matter. (b) The Commission, following a consideration of the hearing officer's written report and recommendation and deliberation thereon and any supplemental hearing before the Commission, shall make findings, conclusions and decision which shall be final and binding on all parties and from which there shall be no further appeal. 19-7. GRIEVANCE. DEPARTMENT HEAD. Any department head who has a grievance may present it to the City Administrator for determination. The City Administrator shall render a written decision to said department head within ten (10) days after such submission, which decision may be appealed by the department head to the Personnel Commission in accordance with Step 5 of Section 19-5. MSOA MOU FINAL 06-09 30 Resolution No. 20074 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT E— VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Guidelines 1. Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either; return to work, long- term disability, or medical retirement. Employees who accrue vacation, general leave or compensatory time may donate such leave to another employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The leave -sharing Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of vacation, general, or sick leave. 2. Definitions Catastrophic Illness or injury - A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued compensatory, vacation or general leave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. 4. Eligibility Employees who accrue vacation or general leave may donate such hours to eligible recipients. Compensatory time accrued may also be donated. An eligible recipient is an employee who: • Accrues vacation or general leave; Is not receiving disability benefits or Workers' Compensation payments; and Requests donated leave. MSOA MOU FINAL 06-09 31 Resolution No. 20074 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT E— VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's regular salary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a dollar amount based on the hourly wage of the donor. The dollar amount will then be converted into accrued hours based on the recipient's hourly wage. An employee needing leave will complete a Leave Donation Request Form and submit it to the Department Director for approval. The Department Director will forward the form to Human Resources for processing. Human Resources, working with the department, will send out the request for leave donations. Employees wanting to make donations will submit an Authorization for Donation to the Human Resources 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 06-09 32 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT E- VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Request Form According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated vacation, general leave or compensatory time. MY SIGNATURE CERTIFIES THAT: • A leave of absence in relation to a catastrophic illness or injury has been approved by my department; and • 1 am not receiving disability benefits or Workers' Compensation payments. Please submit this form to the Payroll Unit/Human Resources Division. MSOA MOU FINAL 06-09 33 Resolution No. 20074 MARINE SAFETY OFFICERS' ASSOCIATION EXHIBIT E- VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Name: (Please Print or Type: Last, First, MI) Phone: Donor Job Title: ype of Accrued Leave: ? Number of Hours I wish to Donate: Vacation Compensatory Time General Leave Hours of Vacation Hours of Compensatory Time Hours of General Leave 1 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: recipient employee's name (Last, First, MI): Signature: Please submit to Payroll in the Human Resources Division. MSOA MOU FINAL 06-09 34 Res. No. 2007-4 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 16th day of January, 2007 by the following vote: AYES: Bohr, Carchio, Cook, Coerper, Green, Hardy NOES: None ABSENT: Hansen ABSTAIN: None _QP&J of 1-Jilsoi CityV,lerk and ex-officio Serk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: ADMINISTRATION SUBJECT: APPROVAL OF MOU BETWEEN THE CITY AND THE HB MARINE SAFETY OFFICERS' ASSOCIATION COUNCIL MEETING DATE: January 16, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable ED Bonds (if applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ® t Applicable No ❑ Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable ED Findings/Conditions for Approval and/or Denial Attacheducable El Not A EXPLANATION FOR MISSING ATTACHMENTS RCA Author: Patricia Ahumada Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION 5. To notify supervisor of the need to replace due to disrepair or severe stain] producing an undesirable appearance. 6. To turn in all uniform components, including patches upon separ on from employment. 7. To turn in all personal protective equipment upon separation from mployment. 8. To wear all personal protective equipment prescribed by t City safety officer and/or Supervisor of the division. E. City Responsibilities 1. To provide or pay for required uniforms. 2. The City will report to CalPERS the average nnual cost of uniforms for each employee as special compensation in accord nee with Title 2, California Code of Regulations, Section 571(a)(5). For empl —es, who are not required to wear a uniform on a daily basis or who are nX ctively employed for an entire payroll calendar year, a prorated cost of uniformall apply. ARTICLE Vlll - HOURS OF WORK/OVERTIME A. Hours of Work Defined For purposes of this article, calcul ting overtime, approved vacation, sick leave and compensatory time shall count as ours worked. B. Overtime/Compensatory Time 1. Paid Overtime 2. a. Overtime is defin94 as one and one half (1 1/2) times the employee's regular rate of pay for all ime worked in excess of their scheduled work shift. b. Regular rate pay is defined as the employee's base hourly rate of pay plus their eligible pecial pays. Employees/nay elect to receive compensatory time off that may be earned to a maximum Of one hundred twenty (120) hours in lieu of such overtime pay. Employ s may convert up to sixty (60) hours of compensatory time to cash at the employ e's regular rate of pay once per calendar year. 3. Court Time MSOA MOU FINAL 06-09 6 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION a. Court Standby Employees required to be on standby for a court appearance during olKer than their scheduled working hours shall receive a minimum of two (2) ours their regular rate of pay for each morning and afternoon court sessions. b. Court Appearance Employees required to appear in court during other t n their scheduled working hours shall receive a minimum of three/hourst the overtime rate. 4. Holidays Worked Employees who work on a recognized City holidacompensated at the overtime rate for all hours worked. C. 4/10 Work Schedule Defined The 4/10 work schedule shall be defined as Orking four (4) days, ten (10) hours per day, for a total of forty (40) hours per week. The 4/10 work schedule is designed to a in compliance with the requirements of the Fair Labor Standards Act (FLSA). I employees on the 4110 work schedule are subject to be called to work any ti a to meet any and all emergencies or unusual conditions which, in the opinio of the City Administrator, Community Services Department Director or their d ignee, may require such service from any of said employees. D. Standbv An employee who is a horized to be on standby status by their Supervisor shall be compensated two (2 hours at the overtime rate for each eight (8) hour standby period, or any pa thereof. A Supervisor shall notify an available employee, in advance, of then d to be on standby status. IX - HEALTH AND OTHER INSURANCE BENEFITS A. Health The City all continue to make available group medical, dental and vision benefits to all asso ation employees. The effective date for medical, dental and vision coverage is the fi st of the month following date of hire. Effective the first of the month following the a ployee's date of hire, any required employee payroll deduction shall begin with the fi , t full pay period following the effective date of coverage and shall continue through the end of the month in which the employee separates, unless otherwise precluded by CalPERS PEMCHA. All employee contributions shall be deducted on a pre-tax basis. MSOA MOU FINAL 06-09 7 Resolution No. 20074 MARINE SAFETY OFFICERS' ASSOCIATION A copy of the medical, dental and vision plan brochures may be obtained Human Resources Office. 1. California Public Employees' Retirement System - Public and Hospital Care Act (CaIPERS PEMHCA) The City presently contracts with CaIPERS to provide n City is required under CaIPERS PEMHCA to make a medical premiums. A retiree's right to receive a City con obligation to make payment on behalf of retirees, shall o City contracts with CaIPERS for medical insurance. In is in CaIPERS, its obligations to make payments on I limited to the minimum payment required by law. a. PEMHCA Employer Contributions Q The City shall contribute on behalf minimum sum as required per month medical insurance under the PEMI minimum is increased, the City shall decreasing its flex benefits contr' L following sub -section. the ica coverage. The n 'bution to retiree ition, and the City's exist as long as the lition, while the City of retirees shall be of ach employee, the mandated :))Kjard the payment of premiums for A program. As the mandated lake the appropriate adjustments by ion accordingly as defined in the For the term of this agree ent, the City's maximum monthly employer contribution for each emp yee's medical and vision insurance premiums are set forth as follows: i. Effective Janu 1, 2007, the City Contribution shall be the sum of the participaf g Orange County Blue Shield HMO PEMHCA Plan plus the V P Vision Plan premiums for each of the following a. Vmployee only ("EE") b. mployee + one dependent ("EE" + 1) c. Employee + two or more dependents ("EE" + 2) T e maximum City Contribution shall be based on the employee's nrollment in each plan. The parties agree that the required PEMHCA contribution is included in this sum stated in the sub- section above. If the employee enrolls in a plan wherein the costs exceed the City Contribution, the employee is responsible for all additional premiums through pre-tax payroll deductions. ii. Effective January 1, 2008, the City Contribution in each category shall increase in an amount not to exceed ten percent (10%) of the MSOA MOU FINAL 06-09 8 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION City's Contribution for 2007. Any increase in premiums/abovehe City's ten percent (10%) Contribution Cap will be the respof the employee. In the event the increase to the City cois less than ten percent (10%), the employee will not beto receive the difference. iii. Effective January 1, 2009, the City Contribution in each category shall increase in an amount not to exceed ten per ent (10%) of the City's Contribution in 2008. Any increaXinpiums above the City's ten percent (10%) Contribution Cap responsibility of the employee. In the event the increasety contribution is less than ten percent (10%), the emploot be entitled to receive the difference. iv. In the event the Orange County Blue hield HMO Plan is no longer a PEMCHA option, the City's Cont ' ution for 2008 and 2009 shall increase by ten percent (10%) ch year, provided that the City's Contribution shall not exceed a amount of an employee's actual premium. 2. Dental Insurance 0 The annual maximum benefit - -'r the Delta Dental PPO plan is $2000 (two thousand dollars). �/ a. Effective January 1, 007, the maximum City Contribution shall be equivalent to the pr, mium for the Delta Dental PPO plan based on the employee's enroll ent of employee only ("EE"), employee plus one dependent (" EE+ ') or employee plus two or more dependents ("EE+2"). b. Effective Jan ary 1, 2008, the City Contribution shall increase in an amount not o exceed five percent (5%) of the City's Contribution for 2007./eewill increase in premiums above the City's five percent (5%) ContriCap will be the responsibility of the employee. In the event the into the City contribution is less than five percent (5%), the empl not be entitled to receive the difference. c. Eff ctive January 1, 2009, the City Contribution shall increase in an a ount not to exceed five percent (5%) of the City's Contribution for 008. Any increase in premiums above the City's five percent (5%) Contribution Cap will be the responsibility of the employee. In the event the increase to the City contribution is less than five percent (5%), the employee will not be entitled to receive the difference. As required by the Government Code, retired employees (annuitants) shall have available the ability to participate in the PEMHCA program. The City's MSOA MOU FINAL 06-09 9 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION requirement to provide retirees and/or annuitants medical covera is solely governed by the Government Code that requires the City to exten this benefit to retirees (annuitants). While the City is contracted with alPERS to participate in the PEMHCA program, CalPERS shall be the sol determiner of eligibility for retiree and/or annuitant to participate in the PEMH A program. 91 As provided by the Government Code and the AIPERS Board, and requested by the Association, the City shall use th Unequal Contribution Method to make City contributions on behalf of a ch retiree or annuitant. The starting year for the unequal contributions m hod is 2004 at $1.00 per month. The City's contribution for each a uitant shall be increased annually by five percent (5%) of the monthl contribution for employees, until such time as the contributions are equ . The Service Credit Subsidy will be reduced every January 1st by a amount equal to any required amount to be paid by the City on behalf the retiree (annuitant). The City shall make these payments only wh' the City is a participant in the PEMHCA program. b. Terminal Retirees The City's requirement to solely governed by the agencies extend this be between the Associatio termination of its p (annuitants) shall no to gE ERS 1W pro ide retirees (annuitants) medical coverage is vernment Code requirement that PEMHCA fit to retirees (annuitants). If by agreement and the City or if the City elects to impose ipation in the PEMHCA program, retirees be eligible for City provided medical insurance. In the event that Pe City terminates its participation in the PEMHCA program, the retire medical subsidy program in place in Resolution No. 2000-123 Exhi D to the Memorandum of Understanding shall be reinstated. Th City shall make any necessary modifications to conform to the new City sAonsored medical insurance plan. 4. Additional .� !» Annuitant The sociation shall pay to the City an amount equal to $1.00 per month fore ch additional retiree and/or annuitant in the bargaining unit who elects to articipate in the PEMHCA plan but is not participating in the City sp nsored retiree medical program as of the beginning of a pay period after # e PEMHCA program is in place. MSOA MOU FINAL 06-09 10 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION Each January 1st the amount per month paid to the City for each retir e and/or annuitant described above shall increase by the amount PEM11 CA requires the City to pay on behalf of each retiree (annuitant). icle IX.A.3.a. provides an example of expected payments per retir a or annuitant per month. In the event of passage of State Legislation, Judicial Rulings, or CaiPERS Board Actions that increases the mandatory minimum monthly ontribution for retirees (annuitants), the Association shall pay an equal ount to the City. Payments shall be made the first of the month (followin implementation). If the Association fails to make timely payments f r two consecutive months, the City shall implement a decrease in the upplemental benefit contribution to health insurance for each unit employ a by an amount equal to the total increased cost paid by the City. [For ample, if the increased cost for retirees equals $6,000 per year, the mo hly supplemental benefit for each employee will be decreased as follow . $6,000 divided by twelve (months) = $500, which is then divided b the number of employees receiving supplemental benefits. b. Termination Clause The City and Association may ea request termination of the City's contract with CalPERS after the announcement of State Legislation, Judicial Rulings, or a CaIPERS B and Action that changes the employer's contribution, insurance pre miu s or program changes to the CalPERS medical plan. The City and Association ay elect to terminate its participation in the CalPERS PEMHCA progilarn by mutual agreement through the meet and confer process betwee he Association and the City. B. Medical Cash -Out If an employee is co t1red by a medical program outside of a City -provided program (evidence m t be supplied to the Human Resources Division), they may elect to discontinu City medical coverage and receive ninety two dollars and thirty-one cents ( 2.31) bi-weekly to deposit into their Deferred Compensation account or any other pre-tax program offered by the City so long as the contribution i in accordance with applicable Internal Revenue Code or regulations. An employee may elect to discontinue vision coverage. The employee emium paid for vision coverage will be applied toward medical premium, nless the employee opts out of the City's medical plan (in which case the empl yee will not receive the cash benefit). C. Sectiofi 125 MSOA MOU FINAL 06-09 11 Resolution No. 20074 MARINE SAFETY OFFICERS' ASSOCIATION The City shall provide an Internal Revenue Code section 125 employe plan that allows employees to use pre-tax salary to pay for regular child are, adult dependent care and/or unreimbursed medical expenses as dete coed by the Internal Revenue Code. D. Life and Accidental Death and Dismemberment (AD&D) Insu The City will provide fifty thousand dollars ($50,000) of term lye insurance and fifty thousand dollars ($50,000) of AD&D insurance coverage fo each employee at the City's cost, without evidence of insurability other thaPyevidence of full time employment status. Optional insurance is available at t46 employee's own cost. E. Long Term Disability Insurance 1. The existing long-term disability program pr vided to employees by the City shall remain in effect. The existing long- rm disability program has a sixty (60) calendar day qualifying period. After a sixty (60) calendar day qualifying period', the employee will be covered an insurance plan paid for by the City which will provide 66 2/3% of the a loyee's salary rate (excluding overtime and any special pay) up to a maxi m of $10,000 a month in accordance with the following: isability Due to Accident Disability Due to Illness First 60 Days Re ular Pay Regular Pa Next 24 Months 66 2/3% of Base Pay 66 213% of Base Payd To age 65 66 2/3% of Base Pay None and months refer to calendar days and months 2. The LTD Plan is tegrated with Workers' Compensation, Social Security and other non-' a program benefits to which entitled. 3. Disability is defined as the inability to perform all of the duties of the employee' regular occupation during two (2) years and thereafter the inability to engag in any employment or occupation for which he/she is fitted by reason of educ ion, training or experience. 4. TheFD Plan provides for a Survivors' benefit payment for three (3) months bey nd the employee's death. 5. Tfie terms and conditions of the disability insurance coverage are set forth in he policy, a copy of which is on file in the Human Resources Division office. In Pleas note that Article XI Section C. Sick Leave Compensation provides up to sixty (60) calendar days paid si k leave per incident or illness. MSOA MOU FINAL 06-09 12 Resolution No. 20074 MARINE SAFETY OFFICERS' ASSOCIATION the event of any conflict between the policy and this article, the olicy shall control. The City may change insurance companies, policies, or s If -insure this benefit, provided that the plans shall remain comparable to t currently in effect. ARTICLE X - RETIREMENT A. Benefits 1. Public Employees' Retirement System The City shall provide the 3% @ Age 50 retirement f rmula set forth in California Government Code Section 21362.2 for all safetyglnployees represented by the Association. If at any time after the implementation o required to make retirement contributions by the Association, the amount with respei pursuant to Article X.B.1. shall be reduc the percentage of compensation earna contributions to CaIPERS, not to ex ed For example, if the City is required cor employee's "compensation eamab ," the the % at age 50 formula the City is wi respect to employees represented t o which each employee is reimbursed by a percentage equal to one-half of the City is required to pay in retirement two and one quarter percent (2.25%). tribute an amount equal to 2% of each amount of the reimbursement shall be reduced from nine percent (9%) o the employee's compensation earnable to eight percent (8%) of the employee's ompensation eamable. If, on the other hand, the City is required to contribute an amount equal to eight percent (8%) of each employee's "compensation rnable," the amount of the reimbursement shall be reduced to six and three q rter percent (6.75%) of the employee's compensation earnable. MSOA MOU FINAL 06-09 13 Resolution No. 20074 MARINE SAFETY OFFICERS' ASSOCIATION a. Pay -Off at Separation from Employment Upon separation from employment the terminating employe shall receive compensation at his/her current regular rate of pay far all —used, earned vacation to which he/she is entitled up to and including th effective date of. his/her -separation from employment. B. Sick Leave As of July 31, 1974, all sick leave accumulation was fro n for purposes of payoff upon termination and no additional time will be accum lated. Salary continuation for approved sick leave is covered under Article IX.E. C. Time Off for Injury or Illness All employees shall be entitled to use up to Si(60) calendar days paid leave per injury or illness. This leave shall not accum ate or have any cash value as such employees may not cash out unused leav upon separation of employment from the City D. Family Leave Benefit Entitlements As employees do not accrue sick lefive, all employees will be allowed to use up to (sixty) 60 hours per calendar y r for to care for a child, parent, spouse, or registered domestic partner duri illness. The City will provide fa71ementing d medical care leave for eligible employees that meet all requirements and Federal law. Rights and obligations are set forth in the Departmenor Regulations implementing the Family Medical Leave Act (FMLA), angulations of the California Fair Employment and Housing Commission im 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, a d/or compensatory time for the duration of the approved leave. E. Employees ar entitled to bereavement leave not to exceed three (3) working days per calenda year per incident of death in the immediate family. Immediate family is defined s father, mother, sister, brother, spouse, registered domestic partner, children, grandfather, grandmother, stepfather, stepmother, stepgrandfather, stepgra mother, grandchildren, stepsisters, stepbrothers, mother-in-law, father- in-law, on -in-law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or ward of which the employee is the legal guardian- F. MSOA MOU FINAL 06-09 16 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION The value of any unused earned leave benefits may be transferred deferred compensation in connection with separation from employment, but o during the time that the employee is actively employed with the City. The ployee must request the transfer no later than the pay period prior to the empl ee's last day of employment. G. Voluntary Catastrophic Leave Donation Program Under certain conditions, employees may donate leave me to another employee in need. The program is outlined in Exhibit of this Memorandum of Understanding. ARTICLE XII - CITY RU All City Personnel Rules shall apply to Association y6embers, however, to the extent this MOU modifies the City's Personnel Rules, the P sonel Rules as modified will apply to Association members. ARTICLE XIII — MI9CELLANEOUS A. Salary Upon Appointment When an appointment of a rec rrent lifeguard to the classification of Marine Safety Officer occurs, the salary steO upon appointment shall be determined in the same manner as salary step upo promotions under the City's Personnel Rules. B. Physical Examinations C. The City agrees to y for bi-annual physical examinations, to include stress EKG, when authorized the Department Head, with the understanding that results thereof may be lized for the determination of the employee's continued ability to perform duties. of the position. A copy of the physical examination shall be provided to t employee upon his request. Unit er9(ployees may be allowed up to one (1) hour on each regularly scheduled shift ' be used for physical conditioning. NEWTON he Association agrees to permit the City to implement a fifteen hundred (1,500) work hour per year for non-HBMSOA positions, subject to official change in Personnel Rules 5-24. Collection of Payroll Overpayments MSOA MOU FINAL 06-09 17 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION In the event that a payroll over payment is discovered and verifi and considering all reasonable factors including the length of time tha he over payment was made and if and when the employee could have reaso bly known about such over payment, the City will take action to collect from the mployee the amount of over payment(s). Such collection shall be proce ed by payroll deduction over a reasonable period of time considering the tot amount of over payment. In the event the employee separates from employmen during the collection period, the final amount shall be deducted from the I t payroll check of the employee. If applicable, the balance due from he employee shall be communicated upon employment separation if the st payroll check does not sufficiently cover the amount due the City. It shall be the responsibility of the employee a d the City to periodically monitor the accuracy of compensation payments or r ' bursements due to the possibility of a clerical oversight or error. The Ci reserves the right to also collect compensation over payments caused by the result of misinterpretation of a pay provision by non -authorized personnel. The interpretation of all pay provisions shall be administered by the City dministrator or designee. Unauthorized compensation payments shall not co stitute a past practice. F. Grievance hearing costs ha sbe shared equally by the City and the Association. The parties agree that and no circumstances shall the grievant(s) be required to pay any part of the gri/vae hearing costs. G. Personnel Rule 19 Motion City and Associat' n agree to implement Personnel Rule 19 modifications as provided in Exhi D attached hereto and incorporated by reference. H. Update EmplAee-Emplover Relations Resolution (EE During th9nerm of the Agreement, the City and the Association agree to meet and confer t9f update the Employee -Employer Relations Resolution to reflect current state 14. The City and the Association agree to meet and confer during the term of the Agreement to establish a modified return to work policy for employees who experience industrial or non -industrial illness and/or injury. J. Controlled Substance and Alcohol Testing MSOA MOU FINAL 06-09 18 Resolution No. 2007-4 MARINE SAFETY OFFICERS' ASSOCIATION any )r a MSOA MOU FINAL 06-09 19