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HomeMy WebLinkAboutHuntington Beach Municipal Employees' Association (MEA) - 2018-11-05 (2)qPPROvED 7-0 r City of Huntington Beach File #: 18-589 MEETING DATE: 12/17/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Michele Warren, Director of Human Resources Subject: Adopt Resolution No. 2018-86 amending the Memorandum of Understanding (MOU) between the City and the Municipal Employees' Association (MEA), by adopting the Side Letter of Agreement related to 2018 Holiday Closure Statement of Issue: Many Orange County cities close their facilities for a designated period through the winter holidays. The 2018 Holiday Closure period would encompass two (2) business days, including a full -day closure on Monday, December 24, 2018, and a full -day closure on Monday, December 31, 2018. Tuesday, December 25, 2018, and Tuesday, January 1, 2019, are City -observed holidays. Financial Impact: De-minimus impact due to employee use of accrued leave -banks for the limited Holiday Closure period. Recommended Action: A) Adopt Resolution No. 2018-86, "A Resolution of the City Council of the City of Huntington Beach, Amending the Memorandum of Understanding Between the City and the Municipal Employees' Association (MEA), by Adopting the Side Letter Agreement Related to 2018 Holiday Closure-," and, B) Authorize the City Manager to execute the Side Letter Agreement. Alternative Action(s): Deny the staff recommendation and provide alternative direction. Analysis: Staff is recommending closing City Hall and any additional non -essential City services to the public on December 24, 2018, (Christmas Eve) and December 31, 2018, (New Year's Eve), in addition to the city -observed holidays of Christmas Day (December 25, 2018) and New Year's Day (January 1, 2019). Essential Public Safety operations (Police and Fire) are not impacted by the Holiday Closure. Police and Fire Personnel are required to report to work as scheduled on 12/24 and 12/31, unless City of Huntington Beach Page 1 of 2 Printed on 12/12/2018 748 powered by LegistarT" File #: 18-589 otherwise advised by the Police Chief or Fire Chief. MEETING DATE: 12/17/2018 Impacted employees would use an appropriate time bank (Administrative Leave/General Leave) to account for the holiday closure period. It will be at the discretion of the City Manager, based upon service delivery to the public, whether employees may be authorized to work during this time as some services may require employees to report to work during the period of holiday closure. All Non -Associated employees (Executive Management/Department Heads) will participate in the Holiday Closure in a manner comparable to MEA (Municipal Employees' Association) employees. The Public Information Office will. provide widespread notification to the public including, but not limited to, informing the press, notification via the City's website, e-mail communication to Boards and Commissions, and publication in the City Manager's Weekly Report. Environmental Status: N/A Strategic Plan Goal: Non -Applicable - Administrative Item Attachment(s): 1. Resolution No. 2018-86 2. MEA Side Letter of Agreement City of Huntington Beach 749 Page 2 of 2 Printed on 12/12/2018 powered by Legistar- RESOLUTION NO. 2018-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE MUNICIPAL EMPLOYEES' ASSOCIATION (MEA), BY ADOPTING THE SIDE LETTER AGREEMENT RELATED TO 2018 HOLIDAY CLOSURE WHEREAS, the City of Huntington Beach elects to implement a holiday closure for the period of Monday December 24, 2018, (including Christmas Day, Tuesday, December 25, 2018), and Monday December 31, 2018 (including New Year's Day, Tuesday, January 1, 2019), which will result in City Hall and other non -essential City of Huntington Beach operations being closed to the public over the specified closure period; and WHEREAS, the City of Huntington Beach elects to permit MEA employees to take paid leave for select dates over the period December 24, 2018 and December 31, 2018, and WHEREAS, on November 5, 2018, the City Council of Huntington Beach adopted Resolution No. 2018-63 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and the Municipal Employees' Association (MEA); and Subsequent to the adoption of the MOU the City of Huntington Beach and MEA 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 MEA ("Side Letter Agreement") attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter Agreement pertains to 2018 Holiday Closure. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. The Side Letter Agreement attached hereto as Exhibit "A" is approved and adopted. Section 2. The Side Letter Agreement amends the MOU between the City of Huntington Beach and MEA. 18-7116/193118 Resolution No. 2018-86 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of December, 2018 REV ,::!PROVED: City�ger Mayor APPROVED AS TO FORM: City Attorney 18-7116/193118 Exhibit "A" City of Huntington Beach and MEA SIDE LETTER AGREEMENT Representatives of the Municipal Employees' Association (MEA) and the City of Huntington Beach (CITY) hereby agree to the following terms related to the MEA MOU with respect to the following: A. Work Schedule Article IX — HOURS OF WORK/OVERTIME 4. _Holiday Closure a. Monday, December 24, 2018 (Christmas Eve), Tuesday, December 25, 2018 (Christmas Day), Monday, December 31, 2018 (New Year's Eve), and Tuesday, January 1, 2019 (New Year's Day), will be known and referred to as "Holiday Closure" for the dates specified. Some departments, at the discretion of the Department Director and with the approval of the City Manager, will be excluded from the holiday closure, and those select employees must work as scheduled. Public Safety operations are not impacted by the Holiday Closure. Police and Fire Personnel are required to report to work as scheduled on 12/24 and 12/31, unless otherwise advised by the Police Chief or Fire Chief. b. Employees will use approved leave (Personal Leave, General Leave or Compensatory Time) to account for the time away from work during the Holiday Closure. Holiday Closure days requiring use of leave include Monday, December 24, 2018 and Monday, December 31, 2018. c. Employees who wish to take time off in addition to the Holiday Closure must seek approval to do so from their Department Director. d. Employees working 8/5, 9/80, and Monday -Thursday 4/10 work schedules will need to account for Holiday Closure time applied to Monday, 12/24/18 and Monday, 12/31/18 depending upon work schedules. i. Employees on 4/10 schedules (Tuesday- Friday) are not impacted. ii. Tuesday; 12/25/18 and Tuesday, 01/01/19 are (paid) City Holidays. i. Time Accountinq a. Members of this unit will be required to account via payroll for the appropriate time associated with the Holiday Closure and any additional elective approved time off. b. The payroll accounting of the holiday closure will include, use of approved leave (Personal Days, General Leave, or Compensatory Time) or alternative equivalent time taken in -lieu of the specific Holiday Closure dates referenced herein for employees required by the Department Director to work. Payroll accounting for the Holiday Closure not specifically listed herein must be approved by the City Manager or designee. c. The payroll accounting methods listed herein may be used in any approved combination on or before the end of the pay period ending January 11, 2019. d. Any Holiday Closure hours not voluntarily accounted for via payroll as of the end of the pay period ending January 11, 2019, shall be accounted for in the following order until a zero balance is achieved: 1. Personal Leave 2. General Leave 3. Compensatory Time 4. Time Off Without Pay City of Huntington Beach and MEA — Holiday Closure Side Letter Agreement 2018 Res. No. 2018-86 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on December 17, 2018 by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy NOES: None ABSENT: None RECUSE: None A4.1L, q�� City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California City of Huntington Beach File #: 18-469 MEETING DATE: 11/5/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Michele Warren, Director of Human Resources Subject: Adopt Resolution No. 2018-63 approving and implementing the Memorandum of Understanding (MOU) between the Huntington Beach Municipal Employees' Association (MEA) and the City of Huntington Beach for October 1, 2017 through September 30, 2019 Statement of Issue: The City and the Huntington Beach Municipal Employees' Association (MEA) have agreed to enter into a new Memorandum of Understanding (MOU) for the period October 1, 2017 through September 30, 2019. Financial Impact: Funding for the implementation of the fiscal items contained in the proposed Memorandum of Understanding will come from the General Fund. The fiscal impact for FY 2018/19 and FY 2019/20 is estimated by Finance to total $861,773 over the term of the agreement. Funds for FY 2018/19 have been included in the approved budget. No additional appropriation is required. Recommended Action: Adopt Resolution No. 2018-63, "A Resolution of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Municipal Employees' Association and the City of Huntington Beach for the period October 1, 2017 through September 30, 2019." Alternative Action(s): Do not adopt Resolution No. 2018-63 approving the successor MOU for MEA employees and direct staff to continue to meet and confer with the Association or utilize the impasse procedures contained within the City's Employer -Employee Relations Resolution. Analysis: Representatives for the City and the 375+ member MEA have been involved in active negotiations over an extended period and have successfully completed the meet -and -confer process for a successor Memorandum of Understanding (MOU) for the period of October 1, 2017, through September 30, 2019. City of Huntington Beach Page 1 of 2 Printed on 10/31/2018 703 Powered by LegistarT" MEETING DATE: 11/5/2018 File #: 18-469 Highlights from the agreed upon contract changes include the following: Term of Agreement October 1, 2017 through September 30, 2019 Medical Benefits The City's monthly contribution to the current Teamsters medical plan rates will increase as follows upon final approval: Single $100 Two Party $100 Family $100 Opt -Out $100 The City's monthly contribution to the Teamsters medical plan rates will increase $50 per month, effective October 1, 2019. City contributions to dental and vision benefits will not increase during the term of the agreement. Leave Benefits Full-time unit employees shall receive 30 hours for use as Personal Days. Part-time unit members shall receive a proportional allocation of hours based upon a full-time equivalent. Personal Days have no cash value. Unused Personal Days will be forfeited. This provision will sunset at the expiration of the agreement. The Association and the City intend to execute a separate side letter agreement related to Holiday Closure for 2018 for December 24, 2018 and December 31, 2018. There were other appropriate modifications to a variety of other provisions including, but not limited to, deletion of obsolete language, regulatory compliance language changes and, general clean-up language. A summary of these and all other negotiated provisions are included as Exhibit "A". Environmental Status: N/A Strategic Plan Goal: Strengthen economic and financial sustainability Attachment(s): 1. Tentative Agreement 2. Fiscal Impact Report 3. Resolution No. 2018-63 4. Memorandum of Understanding - Exhibit "A" 5. PowerPoint Presentation - MEA City of Huntington Beach 704 Page 2 of 2 Printed on 10/31/2018 powered by LeaistarT'l TENTATIVE AGREEMENT City of Huntington Beach and HB Municipal Employees' Association October 3, 2018 Article 1 -- Term of the MOU. Effective October 1, 2017 and expiring on September 30, 2019. 2. Article X — Health and Other Insurance Benefits. Medical contributions shall increase effective November 1, 2018 or the beginning of the pay period following City Council final approval of a successor MOU, whichever is later: Amount up to but not to exceed the Monthly Plan Premium Tier Maximum City Contribution Effective November 1, 2018 $100 Employee Only $679.00 $100 Employee + 1 $1,257.00 $100 Employee Family $1,507.00 Medical Opt Out* $679.00 Additionally, the City agrees to increase the Maximum City Contribution to medical (only) by $50.00, (not to exceed the monthly plan premium) effective October 1, 2019. Employee Only $729.00 Employee+ 1 $1,307.00 Employee Family $1,557.00 Medical Opt Out* Not to exceed the lowest cost single tier plan monthly premium up to a maximum of $729 — if the lowest cost single tier plan monthly premium is less than $729 then the opt -out will equal the lowest cost single tier plan monthly premium *Requires pre -approval of TMSTF/NWA 3. Article XI — Retirement. Increase the City's monthly deferred compensation contribution to a total of $20.00 per month. 4. Article XII -- Leave Benefits. Effective upon City Council final approval of a successor MOU, employees covered by this agreement shall be granted thirty (30) hours of Personal Days time. Any unused Personal Days time will be forfeited. Personal Days have no cash value. 5. Implementation of City of Huntington Beach Side Letter -- Teamsters Miscellaneous Security Trust Fund. 705 The City will also be proposing some clean up language of the MOU which the City views as non -substantive. The City will provide the proposed language to the Association with the final draft of the successor MOU; this will include incorporating into the MOU any legislative/regulatory matters/changes requiring City compliance. Tentative Agreement — 10/03/18 MEA LJ Judy Gr, ham, President I 4U TerryVice President CITY kjh= Fre / , tails tn,Ftity Manager ri hele Warren, HR Director Gregorio Daniel, Tearnsters 911 Brian Weinberg, MEA Bargaining Committee Lori Ann Farrell -Harrison, Assistant City Mgr. o Ann Diaz, cipal HR Analyst 706 RESOLUTION NO.2018-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH MUNICIPAL EMPLOYEES'ASSOCIATION (MEA) AND THE CITY FOR OCTOBER 1, 2017 THROUGH SEPTEMBER 3.0, 2019 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 Municipal Employees' Association (MEA), a copy of which is attached hereto as Exhibit "A" and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof; and the City Manager is authorized to execute this Agreement. Such Memorandum of Understanding shall be effective for the term of October 1, 2017 through September 30, 2019. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5th day cf November, , 2018. r Mayor REVIE D APPROVED: City Mana*r 18-7003/190765 AlP OVED AS TO FORM: �,, C ity Attorney) INITIATED of Human Resources PZ50 u776AI Alo. ,26l3- 03 ,,AWHWWI Memorandum of Understanding between Huntington Beach Municipal Employees' Association and City of Huntington Beach October 1, 2017 — September 30, 2019 MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS PREAMBLE....................................................................................................................1 ARTICLE I - TERM OF MOU.........................................................................................1 ARTICLE II - REPRESENTATIONAL UNIT/CLASS...................................................... 2 ARTICLE III - MANAGEMENT RIGHTS........................................................................ 2 ARTICLE IV - EXISTING CONDITIONS........................................................................ 2 ARTICLE V - SEVERABILITY....................................................................................... 2 ARTICLE VI - SALARY SCHEDULE.............................................................................3 A. CLASSIFICATION AND SALARY RATES........................................................................ 3 ARTICLE VII - SPECIAL PAY....................................................................................... 3 A. EDUCATION............................................................................................................ 3 1. Tuition Reimbursement............................................................................................................... 3 B. ASSIGNMENT PAY................................................................................................... 3 1. Leadworker Differential................................................................................................................3 2. Shift Differential...........................................................................................................................3 a. Afternoon Shift........................................................................................................................3 b. Night Shift...............................................................................................................................3 c. Shifts Defined.........................................................................................................................4 C. SPECIAL CERTIFICATION/SKILL PAY.......................................................................... 4 1. Bilingual Skill................................................................................................................................4 2. Building Plan Checker.................................................................................................................4 a. Plans Examiner International Conference of Building Officials (ICBO) Certification..............4 b. Engineering In Training (EIT)/Associate of Arts (AA) Degree in Engineering ........................4 3. Process Owner Assignment Pay.................................................................................................4 4. Hazardous Materials Duty Assignment Pay................................................................................ 5 ARTICLE VIII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT ......................... 5 A. UNIFORMS AND SAFETY SHOES................................................................................ 5 1. Safety Shoes — Cost.................................................................................................................... 5 2. Safety Glasses............................................................................................................................. 5 B. TOOL ALLOWANCE.................................................................................................. 5 C. VEHICLE USE.......................................................................................................... 6 ARTICLE IX - HOURS OF WORK/OVERTIME............................................................. 6 A. WORK SCHEDULE................................................................................................... 6 1. Pay Definitions.............................................................................................................................6 2. Defined Workweek under Fair Labor Standards Act(FLSA).......................................................6 3. Flex Schedule and Alternative Work Schedule - Civic Center Employees.................................6 a. 5/40 Work Schedule...............................................................................................................7 b. 9/80 Work Schedule............................................................................................................... 7 c. 4/10 Work Schedule............................................................................................................... 7 d. Existing Alternative Work Schedules......................................................................................7 B. OVERTIME/COMPENSATORY TIME............................................................................ 8 1. FLSA Workweek and Employee Pay Period............................................................................... 8 MEA MOU October 1, 2017 through September 30, 2019 ii MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS 2. Overtime...................................................................................................................................... 8 3. Work Shift that Exceeds Thirteen (13) Hours..............................................................................8 C. EMPLOYEE FATIGUE................................................................................................ 8 D. CALLBACK.............................................................................................................. 9 E. MANDATORY STANDBY............................................................................................ 9 F. ACTING ASSIGNMENT.............................................................................................. 9 G COURT STANDBY TIME AND COURT APPEARANCE TIME ............................................. 9 ARTICLE X - HEALTH AND OTHER INSURANCE BENEFITS..................................10 A. HEALTH................................................................................................................10 B. ELIGIBILITY CRITERIA AND COST............................................................................. 10 1. City and Employee Paid Medical Insurance — Employees and Dependents ............................ 10 2. Health and Other Insurance Premiums.....................................................................................10 3. Part Time Employee Contributions........................................................................................... 12 C. COBRA...............................................................................................................12 D. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE ............................. 12 E. LONG TERM DISABILITY INSURANCE (LTD).............................................................. 12 F. MEDICAL CASH-OUT............................................................................................. 13 G. SECTION 125 PLAN............................................................................................... 13 H. MISCELLANEOUS...................................................................................................13 5. Health Plan Over-Payments...................................................................................................... 14 I. RETIREE MEDICAL COVERAGE FOR RETIREES NOT ELIGIBLE FOR THE CITY RETIREE MEDICAL SUBSIDY PLAN........................................................................................ 14 J. POST-65 SUPPLEMENTAL MEDICARE COVERAGE .................................................... 14 ARTICLE XI - RETIREMENT.........................................................................................4 A. BENEFITS............................................................................................................. 15 1. Self -Funded Supplemental Retirement Benefit.........................................................................15 2. Deferred Compensation............................................................................................................15 3. Medical Insurance for Retirees..................................................................................................16 B. CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CAL PERS)....................... 17 1. Retirement Formula and Reporting...........................................................................................17 C. PRE -RETIREMENT OPTIONAL SETTLEMENT 2 DEATH BENEFIT .................................... 17 D. FOURTH LEVEL OF 1959 SURVIVOR BENEFITS......................................................... 17 ARTICLE XII - LEAVE BENEFITS...............................................................................18 A. LEAVE WITH PAY.................................................................................................. 18 1. General Leave...........................................................................................................................18 a. Accrual..................................................................................................................................18 b. Eligibility and Approval..........................................................................................................18 MEA MOU October 1, 2017 through September 30, 2019 iii MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS c. Conversion to Cash..............................................................................................................18 d. One (1) Week Minimum Vacation Requirement...................................................................18 2. City Paid Holidays...................................................................................................................... 19 b. City Observed Holiday..........................................................................................................19 c. Holiday Paid Time Off for Part -Time Employees..................................................................19 d. Holiday Pay for Work on a City Observed Holiday...............................................................19 e. Holiday Pay for Work on an Actual Holiday (Not the City Observed Date) ..........................19 g. CalPERS Reporting of Holiday Pay......................................................................................19 3. Sick Leave................................................................................................................................. 20 a. Accrual..................................................................................................................................20 b. Credit....................................................................................................................................20 c. Usage....................................................................................................................................20 d. Payoff at Termination............................................................................................................20 e. Extended Absences..............................................................................................................20 4. Bereavement Leave...................................................................................................................20 5. Association Business.................................................................................................................20 6. Jury Duty....................................................................................................................................21 7. Leave Benefits Entitlement........................................................................................................21 8. Personal Days........................................................................................................................... 21 ARTICLE XIII - CITY RULES....................................................................................... 22 ARTICLE XIV -MISCELLANEOUS..............................................................................22 A. GRIEVANCE ARBITRATION......................................................................................22 B. PROMOTIONAL PROCEDURES................................................................................. 22 1. Tie Scores..................................................................................................................................22 2. Salary Upon Promotion.............................................................................................................22 C. LABOR-MANAGEMENT RELATIONS COMMITTEE........................................................ 23 D. COPIES OF MOU.................................................................................................. 23 E. POSITION CLASSIFICATION ISSUES......................................................................... 23 1. Class Specifications...................................................................................................................23 2. Reclassification Impact..............................................................................................................23 F. CLASS AAND B DRIVER LICENSE FEES................................................................... 23 G. DEFERRED COMPENSATION LOAN PROGRAM.......................................................... 24 H. PERFORMANCE EVALUATIONS/WRITTEN REPRIMAND APPEALS ................................. 24 I. MEA LETTER OF INTRODUCTION............................................................................ 24 J. DEPARTMENT OF TRANSPORTATION (DOT) RANDOM ALCOHOL AND CONTROLLED SUBSTANCETESTING............................................................................................ 24 K. UPDATE EMPLOYEE -EMPLOYER RELATIONS RESOLUTION ........................................ 24 L. REQUIRED FINGERPRINTING OF EMPLOYEES........................................................... 24 M. BEACH PARKING................................................................................................... 24 N. REASONABLE SUSPICION ALCOHOL AND CONTROLLED SUBSTANCE TESTING ............. 24 ARTICLE XV - CITY COUNCIL APPROVAL............................................................... 25 MEA MOU October 1, 2017 through September 30, 2019 iv MUNICIPAL EMPLOYEES' ASSOCIATION MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS LIST OF MOU EXHIBITS.............................................................................................. 26 EXHIBIT A - CLASS/SALARY SCHEDULE................................................................ 27 EXHIBIT B - UNIFORM POLICY.................................................................................. 34 EXHIBIT C -VEHICLE USE POLICY.......................................................................... 40 EXHIBIT D - PROVISIONS OF THE RETIREE MEDICAL SUBSIDY PLAN ............... 43 EXHIBIT E - 9/80 WORK SCHEDULE......................................................................... 47 EXHIBIT F - 4/10 WORK SCHEDULE......................................................................... 49 EXHIBIT G - AGENCY SHOP AGREEMENT .................................. :........................... 51 EXHIBIT H - CATASTROPHIC LEAVE DONATION PROGRAM ........................... 54 EXHIBIT I - HEALTH AND OTHER INSURANCE BENEFITS/TEAMSTERS MISCELLANEOUS SECURITY TRUST FUND...................................................58 MEA MOU October 1, 2017 through September 30, 2019 v Memorandum of Understanding between The City of Huntington Beach (hereinafter called City) and The Huntington Beach Municipal Employees' Association (hereinafter called Association or MEA) PREAMBLE WHEREAS, pursuant to California law, the City, acting by and through its designated representatives, duly appointed by the governing body of said City, and the representatives of the Association, a duly recognized employee Association, have met and conferred in good faith and have fully communicated and exchanged information concerning wages, hours and other terms and conditions of employment for the period October 1, 2017 through September 30, 2019; and WHEREAS, the representatives of the City and the Association desire to reduce their agreements to writing, NOW THEREFORE, this Memorandum of Understanding (MOU) is made to become effective October 1, 2017 and it is agreed as follows: ARTICLE I — TERM OF MOU A. This Memorandum of Understanding shall be in effect for a term commencing on October 1, 2017 through September 30, 2019. B. This Agreement constitutes the entire Agreement of the parties with respect to improvements or changes in the salaries and monetary benefits for employees represented by the Association for the duration of this Agreement. ARTICLE II — REPRESENTATIONAL UNIT/CLASS It is recognized that the Association is the employee organization which has the right to meet and confer in good faith with the City on behalf of permanent employees of the City within those class titles set out in Exhibit A attached hereto and incorporated herein. The term "permanent employee" herein shall be referred to as "employee" and is used only to determine entitlement to certain benefits provided by this MOU and is defined as follows; an employee that has completed or is in the process of completing a probationary period in a permanent position in the competitive service in which the employee regularly works twenty (20) hours or more per week. Additionally, the representation unit shall include all non -safety, non -management classifications which are created after execution of this Agreement and are not included in another representation unit or determined in accordance with the Employer -Employee Relations Resolution to be more appropriately designated as Non -Associated (NA) classifications. MEA MOU October 1, 2017 through September 30, 2019 MUNICIPAL EMPLOYEES' ASSOCIATION The City Manager reserves the right to designate up to seven (7) Association employees as confidential on an annual basis, or as needed. The confidential employee designations shall be determined by the City Manager for those employees having access to or preparing confidential materials and/or information and/or recommendations on behalf of the City in its dealings with employee associations. The City shall provide the Association with the names of the employees who are designated as confidential. ARTICLE III — MANAGEMENT RIGHTS The parties agree the City has the right to make unilateral management decisions that are outside the scope of bargaining, as defined by state and federal law and Public Employment Relations Board (PERB) decisions. 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 City 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 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 of work stations, nature of work to be performed, contracting for any work or operation, reasonable employee performance standards, including reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable for the performance of City services. ARTICLE IV — EXISTING CONDITIONS Except as 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, and/or provided for in the Personnel Rules of the City of Huntington Beach. ARTICLE V — SEVERABILITY If any Article, Sub -Article, sentence, clause, phrase or portion of this Agreement, or the application thereof to any person, is for any reason held to be invalid or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement or its application to other persons. The City and the Association hereby agree that in the event any state or federal legislative, executive or administrative provision purports to nullify or otherwise adversely affect the wages, hours and other terms and conditions of employment contained in this Agreement or similarly purports to restrict the ability of the parties to negotiate a successor agreement, the City and the Association shall, without prejudice to either party's judicial remedies, endeavor to agree to alternative contractual provisions which are not adversely affected by said legislative, executive or administrative provision. MEA MOU October 1, 2017 through September 30, 2019 MUNICIPAL EMPLOYEES' ASSOCIATION ARTICLE VI — SALARY SCHEDULE A. Classification and Salary Rates All employees are required to utilize direct deposit of payroll checks. The City shall issue each employee direct deposit advice (payroll receipt) each pay period that details all income, withholdings, and deductions. ARTICLE VII — SPECIAL PAY A. Education 1. Tuition Reimbursement Upon approval of the Department Head and the Human Resources Director, employees may be compensated for courses from accredited vocational and educational institutions. Tuition reimbursement shall be limited to job related courses or job related educational degree objectives and requires prior approval by the Department Head and Human Resources Director. Education costs shall be reimbursed to employees on a first come, first served basis for a full refund for tuition, books, parking (if a required fee) and any other required fees upon presentation of receipts. On a first come, first served basis, the maximum annual benefit per fiscal year for each employee is $5,250 (five thousand two hundred -fifty dollars), until the maximum allocation for the entire bargaining unit of seventy five thousand dollars ($75,000) in each fiscal year period has been allocated. Reimbursements shall be made when the employee presents proof to the Human Resources Director that he/she has successfully completed the course with a grade of "C" or better; or a "Pass" if taken for credit. B. Assignment Pay 1. Leadworker Differential Any employee classified as "Leadworker" shall receive no less than 8% above the highest classification, which is assigned to the Leadworker to lead. 2. Shift Differential a. Afternoon Shift Employees required to work on a regular assigned shift that occurs between the hours of 4:00 PM and midnight, shall be paid a special pay equal to five percent (5%) of the employee's base hourly rate of pay (as defined in Article IX) for all work performed during said shift. Night Shift Employees required to work on a regularly assigned shift that occurs between midnight and 8:00 AM shall be paid a special pay equal to ten percent (10%) of the employee's base hourly rate (as defined in Article IX). MEA MOU October 1, 2017 through September 30, 2019 MUNICIPAL EMPLOYEES' ASSOCIATION C. Shifts Defined Employees will be considered as assigned to the afternoon shift (4:00 PM to midnight) or the night shift (midnight to 8:00 AM) when five (5) or more hours of their regularly assigned shifts occur in the afternoon or night shift as defined herein. C. Special Certification/Skill Pay Bilingual Skill Employees who are required by their Department Head to use Spanish, Vietnamese, or American Sign Language skills as part of their job assignment, shall be paid an additional five -percent (5%) of their base hourly rate (as defined in Article IX) in addition to their regular bi-weekly pay. The special pay shall be effective the first full pay period following certification as verified to the Department Head in writing by the Human Resources Director or designee. Employees may accept assignments utilizing bilingual skills in other languages on a short-term assignment with approval by the City Manager. Such employees shall receive the additional five percent (5%) of their base hourly rate of pay (as defined in Article IX) for every bi-weekly pay period that the assignment is in effect. In order to be eligible for said compensation, employee's language proficiency will be tested and certified by the Human Resources Director or designee. The parties agree that to the extent permitted by law, Bilingual Skill Pay is special compensation and shall be reported to CalPERS as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium. 2. Building Plan Checker a. Plans Examiner International Conference of Building Officials (ICBO) Certification Effective December 1, 2007, the ICBO certification pay ended. All employees receiving ICBO certification pay prior to this date shall continue to receive this pay while they remain in their present classification. Any change in classification will result in the ICBO pay ending for that employee. b. Engineering In Training (EIT) /Associate of Arts (AA) Degree in Engineering Effective December 1, 2007, the EIT/AA pay ended. All employees receiving EIT/AA pay prior to this date shall continue to receive this pay while they remain in their present classification. Any change in classification will result in the EIT/AA pay ending for that employee. 3. Process Owner Assignment Pay Effective December 1, 2007, Process Owner Assignment Pay ended. All employees receiving Process Owner Assignment Pay prior to December 1, 2007 shall continue to receive this pay while they remain assigned to their position. MEA MOU October 1, 2017 through September 30, 2019 MUNICIPAL EMPLOYEES' ASSOCIATION 4. Hazardous Materials Duty Assignment Pav Employees assigned HazMat Duty by their department head or his or her designee shall receive five percent (5%) of their base salary for the specific hours performing the HazMat Duty assignment. The parties agree that to the extent permitted by law, Hazardous Materials Duty Assignment Pay is special compensation and shall be reported as such to Ca1PERS pursuant to Title 2 CCR, Section 571(a)(4) Hazard Premium. ARTICLE VIII — UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT A. Uniforms and Safety Shoes The City's Uniform and Safety Shoe Policy shall be set forth in Exhibit B, a copy of which is attached hereto and incorporated herein by this reference, provided however, that employees represented by MEA working in the Police Department shall be issued property in accordance with the equipment issue form for the particular position to which they are assigned. 1. Safety Shoes —Cost The City shall furnish safety shoes in accordance with the procedures and guidelines as set forth in Exhibit B, provided however, that the maximum amount to be reimbursed for a pair of safety shoes will not exceed two hundred and twenty-five dollars ($225.00) per pair every six (6) months or sooner, if necessary. 2. Safety Glasses Prescription safety glasses shall be provided upon the approval of the Supervisor. The cost of prescription safety glasses shall not exceed two hundred ninety-nine dollars ($299.00) in each two (2) year period, or sooner if medically prescribed. B. Tool Allowance Those employees, who are required to furnish their own personal tools for use on the job, shall be provided with a tool allowance to offset a portion of the cost for said tools that are lost, stolen or broken when in use on the job. Such allowance shall be eight hundred dollars ($800.00) per year, payable in January of each year, separate from payroll checks to those employees on active duty. In the event an employee is hired or separates, his/her tool allowance for that calendar year shall be prorated on the basis of the total number of months in which he/she was employed on the first working day of the year. It is understood that the employee has the responsibility to exercise care and diligence in preventing the loss, theft and breakage of his/her personal tools. The following classifications are eligible to receive tool allowance: • Equipment/Auto Maintenance Crewleader • Equipment/Auto Maintenance Leadworker • Helicopter Maintenance Technician • Mechanic I • Mechanic 11 • Mechanic III • Senior Helicopter Maintenance Technician MEA MOU October 1, 2017 through September 30, 2019 MUNICIPAL EMPLOYEES' ASSOCIATION C. Vehicle Use The City Vehicle Use Policy is attached in Exhibit C. Approval is required by the City Manager or designee for any City vehicle to be taken home by an employee. Unit employees subject to the vehicle use policy in Exhibit C shall be required to participate in the DMV Pull Notice program. ARTICLE IX — HOURS OF WORK/OVERTIME A. Work Schedule It is the intent of the City to provide an opportunity for employees to select a flexible (flex) schedule and/or alternative work schedule that is consistent with the City's objective that such schedules shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. 1. Pay Definitions For the purpose of this Agreement, the following definitions shall apply: a. Base Hourly Rate of Pay is defined as the hourly rate of pay that is identified in Exhibit A, Salary Schedules. b. Regular Rate of Pay is defined as the base hourly rate plus (including) special pays as identified in Article VI I. c. Overtime Rate of Pay is defined as the base hourly rate of pay times one and one half (1 '/2) plus (including) special pays as identified in Article VII. d. Hours of Work includes: General Leave, Holidays, Sick Leave and Compensatory Time for the purpose of calculating overtime. Defined Workweek under Fair Labor Standards Act (FLSA) It is understood that the City has established a workweek for each covered employee which meets the requirements of the FLSA and which will not result in overtime compensation as part of a normal work schedule. Each non-exempt employee shall be assigned a designated FLSA workweek for the correct calculation of overtime. This designated workweek shall not change unless extraordinary circumstances require a change in the employee's regular work schedule due to operational need. A change in the designated FLSA workweek shall be recommended by the Department Head and approved by the Human Resources Director. 3. Flex Schedule and Alternative Work Schedule - Civic Center Employees With Supervisor and Department Head approval employees may flex regular scheduled start times between the hours of 7:00 A.M. to 9:00 A.M. in half-hour increments (i.e. 7:00 A.M., 7:30 A.M., 8:00 A.M., 8:30 A.M., and 9:00 A.M.). Flex schedules shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. Once a flex schedule is established, an employee shall not change that schedule until the end of the pay period, with the approval of the Department Head. MEA MOU October 1, 2017 through September 30, 2019 MUNICIPAL EMPLOYEES' ASSOCIATION Employees will have the option of working a 5/40 or 9/80 work schedule with Supervisor and Department Head approval. Employees assigned to the Police Department shall retain the option of working the 4/10 work schedule with Supervisor and Department Head approval. In order to maintain service to the public, departmental effectiveness, productivity and/or efficiency, a Department Head may assign an employee a different work schedule that is in compliance with the requirements of FLSA with City Manager approval. a. 5/40 Work Schedule The 5/40 work schedule shall be defined as working five (5) eight (8) hour days Monday through Friday each week plus a one (1) hour unpaid lunch during each work shift, totaling a forty (40) hour workweek. The assigned 5/40 work schedule must be in compliance with the requirements of FLSA. b. 9/80 Work Schedule Civic Center Employees The 9/80 work schedule, as outlined in Exhibit E, shall be defined for all employees assigned to the Civic Center as working nine (9) days for eighty (80) hours in a two (2) week pay period by working eight (8) days at nine (9) hours per day and working one (1) day (Friday) for eight (8) hours, plus a one (1) hour unpaid lunch during each work shift, totaling forty (40) hours in each FLSA workweek. The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. Non Civic Center Employees The 9/80 work schedule, as outlined in Exhibit E, shall be defined for all employees not assigned to the Civic Center as working nine (9) days for eighty (80) hours in a two (2) week pay period by working eight (8) days at nine (9) hours per day and working one (1) day (Friday) for eight (8) hours, plus a one (1) hour unpaid scheduled lunch during each work shift, totaling forty (40) hours in each FLSA workweek. The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. c. 4/10 Work Schedule The 4/10 work schedule, as outlined in Exhibit F, shall be defined as working four (4) ten (10) hour days each week plus a one (1) hour unpaid lunch during each work shift, totaling forty (40) hours in each FLSA workweek. The assigned 4110 work schedule must be in compliance with the requirements of FLSA. The 4/10 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. d. Existing Alternative Work Schedules Non Civic Center employees who had an alternative work schedule (9/80 or 4/10) prior to February 1, 2003 may retain that alternative work schedule. Employees assigned to Beach Operations may be required to work a 4/10 work schedule. Civic Center employees who had an alternative work schedule (9/80) prior to February 1, 2003 may revert to that alternative work schedule (9/80) in the event MEA MOU October 1, 2017 through September 30, 2019 MUNICIPAL EMPLOYEES' ASSOCIATION his/her Supervisor and/or Department Head determine that the 9/80 schedule set forth in this Article is inappropriate for the employee's classification. B. Overtime/Compensatory Time 1. FLSA Workweek and Employee Pay Period Each employee is assigned a designated workweek as a seven (7) day workweek that begins and ends based upon a defined work schedule. Each employee's pay period is a fourteen (14) day cycle that consists of two (2) consecutive workweeks. It is the policy of the City that overtime is to be used only as needed or under emergency conditions, as approved by the City Manager or designee. 2. Overtime FLSA "non-exempt" employees shall be compensated at the Overtime Rate (in the form of pay or compensatory time) for hours worked over forty (40) hours in a workweek. 3. Work Shift that Exceeds Thirteen (13) Hours An employee who performs authorized work immediately preceding or upon completion of a regular work shift (extension of a workday) that exceeds thirteen (13) hours in a shift shall be compensated as follows: a. One and one-half (1 '/2) times the employee's regular rate of pay for all hours worked in excess of their regular workday, up to and including thirteen (13) hours in any workday, and b. Two (2) times the employee's regular rate for all hours worked in excess of thirteen (13) hours in a workday. 4. The employee's Supervisor shall determine if employee receives overtime pay or compensatory time. Consideration shall be given to effectuating the request of the employee; however, the maximum accrual for compensatory time shall be one hundred forty (140) hours. 5. Two (2) times per fiscal year an employee may cash out hours of banked compensatory time, for maximum annual cash out amount of one hundred ten (110) hours. The employee shall give payroll two (2) weeks advance notice of their decision to exercise such option. C. Employee Fatigue An employee who is called back to work following the end of their regularly scheduled work shift and proceeds to work more than five (5) consecutive overtime hours shall then be entitled to an eight (8) hour rest period without compensation, upon completion of the assignment. Regularly scheduled lunch periods are not considered part of this rest period. If the eight (8) hour rest period extends into the employee's next regularly scheduled work shift, the employee shall suffer no loss of pay or accrued leave as a result thereof. As far as is practicable, employees who have earned a rest period shall be relieved at the start of their regular work shift in order to take such rest period. MEA MOU October 1, 2017 through September 30, 2019 MUNICIPAL EMPLOYEES' ASSOCIATION This application of this provision shall include scheduled work assignments and extended work assignments. D. Callback Employees called back to work shall be compensated a minimum of two (2) hours of overtime pay at the regular rate of pay. A Supervisor shall notify an employee, in advance, of the need to work overtime. Where overtime is worked as an extension of the workday, it shall not be considered call back. While overtime may be required to be worked, it is the City's policy to discourage the working of overtime, and to provide reasonable notification to an employee should overtime be required. An employee called back to work less than two (2) hours before their shift begins shall not be paid Call Back pay but will be paid in accordance with Article IX.C. Overtime/Compensatory Time. E. Mandatory Standby An employee who is placed on standby status by their Supervisor shall be compensated at an hourly rate equal to 0.180 of their base hourly rate of pay for the entire period of such assignment. F. Actinq Assignment If an employee is formally assigned to work in a higher classification on a temporary basis for greater than three (3) consecutive weeks, the employee shall be compensated for all hours worked in the higher classification at a rate which is at least five and one-half percent (5 1/2%) above their pay step, but such pay increase shall not exceed eleven percent (11 %) and not to exceed the top step of the pay range for all hours worked in the higher classification. In the event a non-exempt employee is assigned to act in a classification that is exempt from overtime, the employee shall retain all special pays of their non-exempt classification and shall receive compensation for hours worked over forty (40) hours in the designated FLSA workweek on a hour for hour basis, at the regular rate of pay. Such pay shall be paid or credited to the employee's compensatory time off balance at the discretion of the Department Head or designee. Acting assignments are not intended to exceed six (6) months unless extraordinary circumstances warrant an extension as recommended and approved by the Human Resources Director. Under no circumstances shall an acting assignment exceed (1) one year nor shall it be considered a reclassification or a promotion Employees on acting assignment obtain no property rights in the acting assignment and may be returned to their regular position at any time. Upon promotion to an FLSA exempt classification, all compensatory time off shall be cashed out prior to promotion at the employee's current regular rate of pay in the non- exempt classification. G. Court Standby Time and Court Appearance Time An employee who is required to perform court standby duty in the performance of their official capacity with the City, shall be eligible for Court Standby Time or Court Appearance Time. An employee who is required to be on standby for a court appearance during other than their regularly scheduled work hours shall receive a minimum of three (3) hours time at their regular rate of pay for each morning and afternoon court session. MEA MOU October 1, 2017 through September 30, 2019 MUNICIPAL EMPLOYEES' ASSOCIATION In the event an employee is required to appear in court during other than their regularly scheduled work hours, the employee shall receive a minimum of three (3) hours at the overtime rate; provided however, that if such time overlaps with the employee's regularly scheduled work hours, this provision shall be limited to those hours occurring prior to or after the employee's regularly scheduled work time. A legally served subpoena or the direction of the Department Head shall be required to support the payment of Court Standby or Appearance Time. ARTICLE X — HEALTH AND OTHER INSURANCE BENEFITS A. Health The City shall make available group medical, dental and vision benefits to all employees. A copy of the medical, dental and vision plan brochures may be obtained from the Human Resources Office. B. Eligibility. Criteria and Cost 1. City and Employee Paid Medical Insurance — Employees and Dependents The City and employee shall each pay for health insurance premiums for qualified employees and dependent(s) effective the first of the month following the employee's date of hire. The employee deduction for premium contributions shall be aligned with the effective date of coverage and the ending date of coverage upon the employee's separation. The payroll deduction amount shall begin no later than the first full pay period following the effective date of coverage and pro -rated for coverage through the end of the month in which employment was separated. 2. Health and Other Insurance Premiums a. If an employee's health insurance premiums (medical, dental and or vision) exceed the City's contribution, the employee shall be responsible for paying the difference between the cost of the premiums and the City's contribution. MEA MOU October 1, 2017 through September 30, 2019 10 MUNICIPAL EMPLOYEES' ASSOCIATION b. 2018/19 Premiums and Contributions Effective 1 1 /17/2018 & 1 /1 /2019 MEA (with Teamsters Medical + Rx) Plan Tier Monthly Premium Employer Monthly Contribution Employee Monthly Contribution Employee Bi-Weekly Contribution Teamsters Kaiser* Single 679.00 679.00 0.00 0.00 Two -Party 1,276.00 1,257.00 19.00 8.77 Family 1,835.00 1,507.00 328.00 151.38 Anthem Blue Cross HMO* Single 679.00 679.00 0.00 0.00 Two -Party 1,276.00 1,257.00 19.00 8.77 Family 1,835.00 1,507.00 328.00 151.38 75%/25(% RePO)* ) Plan (P Single 679.00 679.00 0.00 0.00 Two -Party 1,276.00 1,257.00 19.00 8.77 Family 1,835.00 1,507.00 328.00 151.38 Delta Dental PPO Single 56.00 53.44 2.56 1.18 Two -Party 104.60 100.34 4.26 1.97 Family 137.90 135.09 2.81 1.30 Delta Care HMO Single 30.11 23.48 6.63 3.06 Two -Party 51.19 39.95 11.24 5.19 Family 78.29 61.07 17.22 7.95 VSP Vision Single 23.33 21.88 1.45 0.67 Two -Party 23.33 21.88 1.45 0.67 Family 23.33 21.88 1.45 0.67 Medical Cash Out - (As stated in Article X.F.): $679.00 per month ($313.38 bi-weekly) *Medical Increase effective 10/1 /18 - Dental & Vision rates effective 1 /1 /19 C. Future Premiums and City Contributions Effective the beginning of the pay period following City Council final approval of this agreement, the City's monthly contribution to Medical premiums (only) shall increase by a maximum of $100 per plan, per tier (not to exceed the monthly plan premium) as follows: MEA MOU October 1, 2017 through September 30, 2019 11 MUNICIPAL EMPLOYEES' ASSOCIATION Single $679.00 Two Party $1,257.00 Family $1,507.00 Effective October 1, 2019, the City's monthly contribution to Medical premiums (only) shall increase by a maximum of $50.00 per plan, per tier (not to exceed the monthly plan premium) as follows: Single $729.00 Two Party $1,307.00 Family $1,557.00 The City's contribution to Delta Dental PPO, Delta Care HMO and Vision Service plans will not increase. The employee shall pay any increased amount above the City's contribution caps. 3. Part Time Employee Contributions Part-time employees hired after July 1, 2006, shall receive a pro -rated amount of the City's contribution rate as established for full-time employees based on the employee's work schedule, either fifty percent (50%) for half-time (1/2) or seventy-five percent (75%) for three-quarter time (3/4). 4. Employee payroll deductions shall be made on a pre-tax basis. 5. The dental insurance maximum coverage is two thousand dollars ($2,000.00) per year. C. COBRA Employees who terminate their employment with the City and their dependent(s) shall have any and all the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) benefits as well as Cal -COBRA (AB1401) to which the law entitles them. D. Life and Accidental Death and Dismemberment Insurance Each employee shall be provided with fifty -thousand dollars ($50,000.00) of life insurance and fifty -thousand dollars ($50,000.00) of accidental death and dismemberment insurance coverage paid for by the City. Each employee shall have the option, at his/her own expense, to purchase additional amounts of life insurance and accidental death and dismemberment insurance to the extent provided by the City's current providers. E. Long Term Disability Insurance (LTD) The City shall provide for each employee at the City's expense a long term disability insurance plan. The parties agree to exclude the first year of job related illness or injury from coverage on condition that the plan provides for a coordination with Sick Leave, General Leave and holidays which is satisfactory to the Association. A copy of the LTD insurance plan may be obtained from the Human Resources Office. The intent of long term disability insurance is to assist employees who are off work for an extended period of time. While long term disability benefits can be coordinated with accrued leave benefits to achieve one hundred percent (100%) of regular rate of pay, no employee may receive more than their regular rate of pay while receiving disability benefits and paid leave. MEA MOU October 1, 2017 through September 30, 2019 12 MUNICIPAL EMPLOYEES' ASSOCIATION F. Medical Cash -Out Group health insurance for this unit is provided by the Teamsters Miscellaneous Security Trust Fund. If an employee obtains approval from the Teamsters Miscellaneous Security Trust Fund to suspend medical and prescription benefits, he/she may receive a medical cash -out. The amount of cash -out is equal to the City's contribution to the lowest cost employee -only medical premium offered to this unit. Evidence of approved suspension must be submitted to the Human Resources Department. Medical cash -out would commence the beginning of the first pay period following the effective date of the approved suspension granted by the Teamsters Miscellaneous Security Trust Fund. Effective October 1, 2019, Medical Cash -Out is subject to increase up to a maximum of $50, not to exceed the lowest cost single plan tier monthly premium, up to a maximum of $729 — if the lowest cost single tier plan monthly premium is less than $729 then the cash - out will equal the lowest cost single plan tier monthly premium. G. Section 125 Plan This plan allows employees to use pre-tax salary deductions to pay for regular childcare, adult dependent care and/or unreimbursed medical expenses. H. Miscellaneous 1. Nothing in this Article shall be deemed to restrict the City's right to change insurance carriers or self -fund should circumstance warrant. City shall, however, notify the Association of any proposed change and allow the Association an opportunity to review any proposed change and make recommendations to the City. 2. Nothing in this Article shall be deemed to obligate the City to improve the benefits outlined in this Article. MEA MOU October 1, 2017 through September 30, 2019 13 MUNICIPAL EMPLOYEES' ASSOCIATION When the City grants an employee leave without pay for reason of medical disability, the City shall continue to contribute its share of the employee's insurance premiums, pursuant to Article X. B.2. for the time the employee is in a non -pay status for the length of said leave not to exceed twenty-four (24) months. The City shall provide timely written notification of employee rights under this Article and the LTD Plan and will assist the employee in processing LTD claims so that undue delay in receiving LTD payments is avoided. 4. The City and the Association participate in a City-wide joint labor and management Insurance and Benefits Advisory Committee to discuss and study issues relating to insurance benefits available for employees. 5. Health Plan Over -Payments Employees shall be responsible for accurately reporting changes in the status of dependent(s), which affect their eligibility for health plan coverage ninety (90) days after the date of such status change. The City shall use its best efforts to advise all employees of their obligation to report changes in the status of dependent(s), which affect their eligibility. If an employee fails to report a status change that affects eligibility within ninety (90) days, the City shall have the right to recover any premiums paid by the City, on behalf of ineligible dependents. Recovery of such overpayments shall be made as follows: a. The employee's bi-weekly salary warrant shall be reduced by one-half (1/2) of the amount of the bi-weekly overpayment. Such reduction shall continue until the entire amount of the overpayment is recovered. b. The City shall be entitled to recover a maximum of twelve (12) months premium overpayments. Neither the employee nor the dependent shall be liable to the City other than as provided herein. I. Retiree Medical Coverage for Retirees Not Eligible for the City Retiree Medical Subsidy Plan Employees who retire from the City after January 1, 2004 and are granted a retirement allowance by the California Public Employees Retirement System (CaIPERS) and are not eligible for the City's Retiree Medical Subsidy Plan, may choose to participate in City sponsored medical insurance plans until the first of the month in which they turn age sixty- five (65). The retiree shall pay the full premium for City sponsored medical insurance for themselves and/or qualified dependents without any City subsidy. Employees who retire from the City and receive a retirement allowance from the CaIPERS and are not eligible for the City's Retiree Medical Subsidy Plan and choose not to participate in City sponsored medical insurance, upon retirement permanently lose eligibility for this insurance. However, if a retiree who is not eligible for the City's Retiree Medical Subsidy Plan chooses not to participate in a City sponsored medical insurance plan because the retiree has access to other group medical insurance, and subsequently loses eligibility for that group medical insurance, the retiree and their qualified dependents will have access to City sponsored medical insurance plans reinstated. MEA MOU October 1, 2017 through September 30, 2019 14 MUNICIPAL EMPLOYEES' ASSOCIATION Eligibility for retiree medical coverage terminates the first of the month in which the retiree or qualified dependent turns age sixty-five (65). J. Post-65 Supplemental Medicare Coverage Retirees who are participating in the Retiree Medical Subsidy Plan as of January 1, 2004 and all future retirees who meet the criteria to participate in City sponsored medical insurance, with or without the Retiree Medical Subsidy Plan, may participate in a City sponsored medical insurance plan that is supplemental to Medicare. A retiree or qualified dependent must choose to participate in a City sponsored medical insurance plan that is supplemental to Medicare beginning the first of the month in which the retiree or qualified dependent turns age sixty-five (65). The retiree shall pay the full premium to participate in a City sponsored medical insurance plan that is supplemental to Medicare for themselves or qualified dependents without any City subsidy. Retirees or qualified dependents upon turning age sixty-five (65), who choose not to participate in a City sponsored medical insurance plan that is supplemental to Medicare, permanently lose eligibility for this insurance. ARTICLE XI — RETIREMENT A. Benefits Self -Funded Supplemental Retirement Benefit Employees hired prior to December 27, 1997 are eligible for the Self -Funded Supplemental Retirement Benefit, which provides that: a. In the event a PERS member elects Option #1, #2, #2W, #3, #3W or #4 of the Public Employees' Retirement law, the City shall pay the difference between the employee's elected option and the unmodified allowance which the retiree would have received for his/her life alone as provided in California Government Code sections 21455, 21456, 21457, and 21548 as said referenced Government Code sections exist as of the date of this agreement. This payment shall be made only to the retiree and shall be payable by the City during the life of the member, and upon that retiree's death, the City's obligation shall cease. The method of funding this benefit shall be at the sole discretion of the City. This benefit is vested for employees covered by this Agreement. b. Employees hired on or after December 27, 1997 shall not be eligible for this benefit referenced in A.1.a. herein above. 2. Deferred Compensation Any employee who contributes one dollar ($1.00) or more per pay period to his/her deferred compensation account shall receive an employer contribution in the amount of nine dollars and twenty-three cents ($9.23) per pay period to the employee's deferred compensation account. MEA MOU October 1, 2017 through September 30, 2019 15 MUNICIPAL EMPLOYEES' ASSOCIATION 3. Medical Insurance for Retirees a. Upon retirement, whether service or disability, each employee shall have the following options in regards to medical insurance under City sponsored plans: With no change in benefits, retirees can stay in any of the plans offered by the City, at the retiree's own expense, for the maximum time period allowed by federal law (COBRA), state law (Cal -COBRA) or Retirees may participate in the Retiree Medical Subsidy Plan, attached hereto as Exhibit D, as amended, based upon the eligibility requirements described in Exhibit D. iii. The value of any unused earned leave benefits may be transferred to deferred compensation at retirement, but only during the time that the employee is actively employed with the City. The latest opportunity for such transfer must be the pay period prior to the employee's last day of employment. Employees hired on or after October 1, 2014 shall not be eligible for this benefit referenced in A.3.a.ii. herein above. MEA MOU October 1, 2017 through September 30, 2019 16 MUNICIPAL EMPLOYEES' ASSOCIATION B. California Public Employees' Retirement System (CaIPERS) Retirement Formulas and Reporting a. The City shall provide all miscellaneous employees described as "classic members by the Public Employees' Pension Reform Act of 2013 — "PEPRA" with that certain retirement program commonly known and described as the "2.5% at age 55 plan" which is based on the retirement formula as set forth in the California Public Employees' Retirement System (PERS), Section 21354 of the California Government Code. All "Classic" bargaining unit members shall pay their CaIPERS member retirement contribution of eight percent (8%) of pensionable income. This provision shall not sunset at the end of this agreement. c. The City shall contract with PERS to have retirement benefits calculated based upon the "classic" member employee's highest one year's compensation, pursuant to the provisions of Section 20042 (highest single year). d. The obligations of the City and the retirement rights of employees as provided in this Article shall survive the term of this MOU e. For "New" Members within the meaning of the California Public Employees' Pension Reform Act of 2013. New Members shall be governed by the two percent at age 62 (2% @ 62) retirement formula set forth in Government Code section 7522.20. Final compensation will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member. iii. All bargaining unit "new" members as defined by PEPRA and determined by CaIPERS, shall contribute one half (50%) of the total normal cost as established by CaIPERS. C. Pre -Retirement Optional Settlement 2 Death Benefit Employees shall be covered by the Pre -Retirement Optional Settlement 2 Death Benefit as identified in Government Code Section 21548. D. Fourth Level of 1959 Survivor Benefits Employees shall be covered by the Fourth Level of the 1959 Survivor Benefit as identified in Government Code Section 21574. E. The City has adopted the CaIPERS Resolution in accordance with IRS Code section 414(h)(2) and both the employee contribution and the City pickup of the required member contribution are made on a pre-tax basis. However, ultimately, the tax status of any benefit is determined by the law. MEA MOU October 1, 2017 through September 30, 2019 17 MUNICIPAL EMPLOYEES' ASSOCIATION ARTICLE XII — LEAVE BENEFITS A. Leave With PaV 1. General Leave a. Accrual Employees accrue leave at the accrual rates outlined below. General Leave may be used for any purpose, including vacation, Sick Leave, and personal leave. Years of Service Full -Time Three -Quarter One -Half Time Time First through 176 Hours 132 Hours 88 Hours Fourth Year Fifth through 200 Hours 150 Hours 100 Hours Ninth Year Tenth through 224 Hours 168 Hours 112 Hours Fourteenth Year Fifteenth Year 256 Hours 192 Hours 128 Hours and Thereafter Eligibility and Approval General Leave must be pre -approved except for illness, injury or family sickness, which may require a physician's statement for approval. General Leave accrued time is to be computed from hire date anniversary. Employees shall not be permitted to take general leave in excess of actual time earned. Employees shall not accrue General Leave in excess of six hundred forty (640) hours. An employee who earns General Leave hours in excess of six hundred forty (640) hours shall be paid the cash value of those additional hours in their paycheck. Employees may not use their General Leave to advance their separation date on retirement or other separation from employment. C. Conversion to Cash Two (2) times during each fiscal year, each employee shall have the option to convert into a cash payment or deferred compensation up to a total of one hundred -twenty (120) hours of accrued General Leave per fiscal year. The value of each hour of conversion is at the employee's current base hourly rate of pay, as reflected in Exhibit A. The employee shall give payroll two (2) weeks advance notice of their decision to exercise such option. d. One (1) Week Minimum Vacation Requirement Employees in the following positions, or their reclassified equivalent, in the Finance Department, shall take a minimum of one (1) week (i.e., five (5) consecutive workdays) paid vacation each calendar year: MEA MOU October 1, 2017 through September 30, 2019 18 MUNICIPAL EMPLOYEES' ASSOCIATION Accounting Technician I; Accounting Technician II; Senior Accounting Technician; Accounting Technician Supervisor; Field Service Representative, Senior Accountant (responsible for bank reconciliation) 2. City Paid Holidays a. Full-time employees shall be compensated for the employee's regularly scheduled work shift for the following holidays: 1. New Year's Day 2. Martin Luther King Day (third Monday in January) 3. President's Day (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veteran's Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. The Friday after Thanksgiving 10. Christmas Day (December 25) Any day declared by the President of the United States to be a national holiday or by the Governor of the State of California to be a state holiday and adopted as an employee holiday by the City Council of Huntington Beach. b. City Observed Holiday -Holidays which fall on Sunday shall be observed the following Monday, and those falling on Saturday shall be observed the preceding Friday. c. Holiday Paid Time Off for Part -Time Employees Half-time (1/2) or three quarter -time (3/4) employees shall have the holiday paid as time off with a pro -rated amount of hours, respectively for the holidays listed above in Article XII.2.A. . d. Holiday Pay For Work on a City Observed Holiday In the event an employee is assigned to work on the City observed holiday, in addition to being paid for the holiday at the employee's regular rate of pay, whether it is or is not the employee's regularly scheduled workday, the employee shall be paid for working the holiday at the regular rate of pay unless FLSA overtime provisions apply, meaning the employee will be paid over time. e. Holiday Pay for Work on an Actual Holiday (Not the City Observed Date) An employee who works on the actual holiday as listed in Article XII.2.A. 1-10, in addition to being paid for the holiday at the employee's regular rate of pay, the employee shall be compensated at the overtime rate. f. An employee who is assigned or required to work on both the City observed holiday date and on the actual date that the holiday falls, shall only be paid for one City holiday (as applicable per section E. or F. above). g. CalPERS Reporting of Holiday Pay Employees who are required to work on a holiday observed by the City, either on the date observed by the City or on the date that the actual holiday falls as a part MEA MOU October 1, 2017 through September 30, 2019 19 MUNICIPAL EMPLOYEES' ASSOCIATION of their regular work schedule, shall have their holiday pay reported to CalPERS. Classifications eligible forthis CalPERS reporting are: Beach Equipment Operator, Beach Maintenance Crewleader, Beach Maintenance Worker, Crime Scene Investigator, Parking/Camping Crewleader, Parking/Camping Leadworker, Parking Meter Repair Technician, Parking Meter Repair Worker, Parking Control Officer, Police Records Supervisor, Police Records Technician, Police Records Specialists assigned to the Records Bureau, Police Service Specialists assigned to the Records Bureau and Police Systems Coordinator. h. If an employee is scheduled to work a holiday and will lose that holiday time due to their General Leave bank having reached the maximum cap of six hundred forty (640) hours, at the employee's request, the employee may cash out the part of their holiday time they will lose. Sick Leave a. Accrual No employee shall accrue Sick Leave. b. Credit Employees hired prior to March 30, 2002 shall be credited with their Sick Leave accrued as of March 29, 2002. C. Usage Employees may use accrued Sick Leave for the same purposes for which it was used prior to March 30, 2002. d. Payoff at Termination Upon termination, all employees shall be paid, at their current salary rate, for twenty-five percent (25%) of unused, earned Sick Leave from four hundred and eighty (480) hours through seven hundred and twenty (720) hours, and for fifty percent (50%) of all unused, earned Sick Leave in excess of seven hundred and twenty (720) hours. e. Extended Absences Sick Leave shall not be used to extend absences due to work related (industrial) injuries or illnesses. 4. Bereavement Leave Employees shall be entitled to bereavement leave not to exceed three (3) work shifts in each instance of death in the immediate family. Immediate family is defined as father, mother, sister, brother, spouse, registered domestic partner, children, grandfather, grandmother, stepfather, stepmother, stepgrandfather, step - grandmother, grandchildren, stepsisters, stepbrothers, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of which the employee is the legal guardian. 5. Association Business An allowance of eight hundred (800) hours per year shall be established for the purpose of allowing duly authorized representatives of the Association to conduct lawful Association activities. The parties agree to meet and confer during the term of the Agreement to establish guidelines for use of Association Business time. MEA MOU October 1, 2017 through September 30, 2019 20 MUNICIPAL EMPLOYEES' ASSOCIATION 6. Jury Duty Employees who are regularly scheduled to work on swing or graveyard shifts, as defined in Article VII.13.2., shall be placed on a day shift if they are required to appear for jury duty or selection for a period of more than one day. 7. Leave Benefits Entitlement The City shall comply with all state and federal leave benefit entitlement laws. An eligible employee on an approved leave shall be allowed to use earned Sick Leave, General Leave, and/or Compensatory Time for serious and non -serious family or personal health issues. For more information on employee leave options, contact the Human Resources Division. 8. Personal Days Each full-time unit employee will be entitled to utilize a maximum of thirty (30)hours as "personal days." a. Supervisor approval is required to utilize Personal Days. b. Personal Days have no cash value. c. All Personal Days time (30 hours) must be used by not later than September 30, 2019. The use of Personal Days will not be extended by any subsequent extension of this agreement beyond September 30, 2019. d. No portion of unused Personal Days may be carried over beyond September 30, 2019. e. Part-time employees shall be granted thirty (30) hours as Personal Days on a proportional hours computation to full-time equivalent employee status. Half-time employees shall be granted a total of fifteen (15) hours. Three-quarter employees shall be granted a total of twenty two and one half (22.5) hours. The entire MOU provision regarding the additional one-time allotment of 30 hours of Personal Days will expire with the expiration of this agreement and will not continue beyond the original expiration date of the agreement (even if the MOU is subsequently extended or amended), nor will it be automatically included as part of any successor MOU. The language as written herein sunsets. MEA MOU October 1, 2017 through September 30, 2019 21 MUNICIPAL EMPLOYEES' ASSOCIATION ARTICLE XIII — CITY RULES Personnel Rules All MOU provisions that supersede the City's Personnel Rules shall automatically update the City's Personnel Rules and be incorporated into such rules. ARTICLE XIV —MISCELLANEOUS A. Grievance Arbitration Any grievance as defined and described in Rules 19 and 20 of the City Personnel Rules (Resolution No. 3960), shall be settled in accordance with the procedures set forth in said Rules except that the parties to the grievance may, by mutual agreement, submit the grievance to a neutral arbitrator whose decision shall be final and binding on the parties. The arbitrator shall be selected by the parties from listings of and pursuant to the rules of the American Arbitration Association. This procedure, if adopted by the parties, shall be in lieu of Step 5 of Rule 19, or Step 4 of Rule 20, and the fees charged by the arbitrator or hearing officer and court reporter shall be paid equally, fifty-fifty (50-50) by the City and the Association. B. Promotional Procedures 1. Tie Scores When promotions are to be made, and two or more employees are found to be equal as a result of promotional examinations conducted by the City, the employee with the greatest length of service with the City shall receive the promotion. 2. Salary Upon Promotion Upon promotion, an employee shall be compensated at the same step in the salary range for his/her new classification, subject to the following provisions: a. Except for the provisions of sub -paragraphs b and c below, no employee shall receive greater than eleven percent (11 %) increase upon promotion. b. If "A" Step of the classification upon promotion is greater than eleven percent (11 %) increase, the employee shall be compensated at "A" step upon promotion. C. If the employee would be eligible for a step increase within eleven (11) months of the date of promotion in his/her classification before promotion, then the Human Resources Director may authorize an increase greater than eleven percent (11 %) upon promotion. MEA MOU October 1, 2017 through September 30, 2019 22 MUNICIPAL EMPLOYEES' ASSOCIATION C. Labor -Management Relations Committee The City and MEA participate in a Labor -Management Relations Committee as follows: The Association and the City recognize that the participation of employees in the formulation and implementation of personnel policy and practices affects their well- being and the efficient administration of the Government. The parties further recognize that the entrance into a formal agreement with each other is but one act of joint participation, and that the success of a labor-management relationship is further assured if a forum is available and used to communicate with each other. The parties therefore agree to the structure of Labor -Management Relations Committees (LMRC) for the purpose of exchanging information and the discussion of matters of concern or interest to each of them, in the broad area of working conditions, wages and hours. 2. The City of Huntington Beach shall have an LMRC. The formation of this LMRC shall not serve as the basis for reopening the meet and confer process to modify this MOU. 3. The LMRC shall meet monthly. The City shall be represented by the City Manager (or designee), the Human Resources Director (or designee), and Department Heads. Four (4) representatives at these meetings shall represent the Association. 4. The City agrees that any meeting conducted under this Article shall be conducted in facilities furnished by the City, and Association representatives shall be released from their duties at work to attend the LMRC. 5. The parties shall exchange agenda items five (5) workdays before each scheduled LMRC meeting described in this section. Matters not on the agenda may be discussed by mutual consent. If either party timely forwards an agenda, the meeting will be held. D. Copies of MOU The City agrees to print this Memorandum of Understanding for each employee requesting a copy. E. Position Classification Issues 1. Class Specifications The City shall send the Association a copy of each new job description approved for classifications within the representation unit. 2. Reclassification Impact It is not the intention of the City to demote or layoff an employee through reclassification. Prior to imposing a Y-rating, or layoff resulting from classification reviews, the City agrees to meet and confer with Association representatives. F. Class A and B Driver License Fees The City shall reimburse employees for costs associated with obtaining and renewing Class A and Class B driver licenses where required by the City for the position. MEA MOU October 1, 2017 through September 30, 2019 23 MUNICIPAL EMPLOYEES' ASSOCIATION G. Deferred Compensation Loan Program Employees may utilize this program, under which employees may borrow up to fifty percent (50%) of their deferred compensation funds for critical needs such as medical costs, college tuition, or purchase of a home. H. Performance Evaluations/Written Reprimand Appeals Employees may appeal the results of a performance evaluation or written reprimand. Such appeals shall be initiated through the appropriate chain of command (which may include the LMRC) and any decision made by the Department Head shall be considered final. I. MEA Letter of Introduction A one -page letter of introduction from MEA, and of MEA's choosing, regarding the benefits and purpose of joining the MEA, will be included in all MEA eligible new employee orientation packets. J. Department of Transportation (DOT) Random Alcohol and Controlled Substance Testing During the term of the Agreement, the City and the Association agree to meet and confer to update the policy in accordance with law. K. 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. Required Fingerprinting of Employees The City requires that all employees who are hired, transferred, or promoted to positions that require fingerprinting by federal, state or local law(s) be fingerprinted according to said law(s). The City may also require employees be fingerprinted if they are hired, transferred or promoted into positions with oversight responsibilities for senior citizens or oversight responsibilities for confidential, and or sensitive documents or equipment. M. Beach Parking Employees may purchase a City beach parking pass at the Senior discount rate. N. Reasonable Suspicion Alcohol and Controlled Substance 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. The policy to implement such testing shall be established by the City and the Association during the term of the Agreement. MEA MOU October 1, 2017 through September 30, 2019 24 ARTICLE XV — CITY COUNCIL APPROVAL It is the intent of the City and Association that this Memorandum of Understanding r resents an "Agreement" between the undersigned within the meaning of Section 8-2 of the Hu ington Beach Employer -Employee Relations Resolution; however, this Memorandum of Under anding is of no force or effect whatsoever unless adopted by Resolution of the City Cou cil of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this emorandum of Understanding this 511 day of November, 2018. Huntington Beach City of Huntington Beach Mu icipal Employees' Association By: B : Fred A. Wilson Judy Graham City Hager '! MEA President By: e:�`r 6 (� By: ,1Lori Ann Fa Harrison / Arista 1fV Mana 31 ,WDZhele Warrer irector of Hu n Resour es oAnn Diaz -Principal Personn n yst APP City /j¢,Corney MEA MOU October 1, 2017 through September 30, 2019 25 By: Gregorio Daniels Teamsters 911 Sr. Business Rep Terry Tintle Vice -President By: Brian Weinberg MEA Bargaining Committee ARTICLE XV — CITY COUNCIL APPROVAL It is the intent of the City and Association that this Memorandum of Understanding represents an "Agreement" between the undersigned within the meaning of Section 8-2 of the Huntington Beach Employer -Employee Relations Resolution; however, this Memorandum of Understanding is of no force or effect whatsoever unless 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 5th day of November, 2018. City o u Y gton Beach By: Fre A. i on City Hager By: 4''l �� Lori Ann Fa " A if//y By: -; /hele WarrE 7ctor of Hu JoAnn Diaz "Principal Pers APPROVED AS Mic7orney ates City Huntington Beach Municipal Emplovejes' Association in v nam Pr sident i1 Harrison Gregorio Daniels Man Team ers 911,2r. B iness Rep By: h- Terry Ti tle n Resources Vice-P sident By: Brian We' erg )nneLAn yst MEA Bargaining Committee MEA MOU October 1, 2017 through September 30, 2019 25 G. Deferred Compensation Loan Program Employees may utilize this program, under which employees may borrow p to fifty percent (50%) of their deferred compensation funds for critical needs such as medical costs, college tuition, or purchase of a home. 7 H. Performance Evaluations/Written Reprimand Appeals Employees may appeal the results of a performance evaluation r written reprimand. Such appeals shall be initiated through the appropriate chain command (which may include the LMRC) and any decision made by the Department ead shall be considered final. I. MEA Letter of Introduction A one -page letter of introduction from MEA, and of ME ' choosing, regarding the benefits and purpose of joining the MEA, will be included n all MEA eligible new employee orientation packets. J. Department of Transportation DOT Random Alcohol and Controlled Substance Testing During the term of the Agreement, the City a the Association agree to meet and confer to update the policy in accordance with law K. Update Employee -Employer Relations Resolution (EERR) During the term of the Agreement, th City and the Association agree to meet and confer f to update the Employee -Employer �blations Resolution to reflect current state law. Required Fingerprinting of Em I ees The City requires that all empl yees who are hired, transferred, or promoted to positions that require fingerprinting b federal, state or local law(s) be fingerprinted according to said law(s). The City ma also require employees be fingerprinted if they are hired, transferred or promoted ' to positions with oversight responsibilities for senior citizens or oversight responsibiliti for confidential, and or sensitive documents or equipment. M. Beach Parking Employees may purchase a City beach parking pass at the Senior discount rate. N. Reasonable S picion Alcohol and Controlled Substance Testing The City mai tains the right to conduct a test during working hours of any employee that it reasonab suspects is under the influence of alcohol or a controlled substance in the workplac The policy to implement such testing shall be established by the City and the Associa on during the term of the Agreement. MEA MOU October 1, 2017 through September 30, 2019 24 MUNICIPAL EMPLOYEES' ASSOCIATION ARTICLE XV — CITY COUNCIL APPROVAL It is the intent of the City and Association that this Memorandum of Understanding represents an "Agreement" between the undersigned within the meaning of Section 8-2 of the Huntington Beach Employer -Employee Relations Resolution; however, this Memorandum of Understanding is of no force or effect whatsoever unless 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 51h day of November, 2018. City of Huntington Beach By: Fred A. Wilson City Manager By: Lori Ann Farrell Harrison Assistant City Manager By: Michele Warren Director of Human Resources By: JoAnn Diaz Principal Personnel Analyst APPROVED AS TO FORM: Michael Gates City Attorney MEA MOU October 1, 2017 through September 30, 2019 25 Huntington Beach Municipal Employees' Association AN Judy Graham MEA President By: e t aniels eamsters 911 Sr. Business Rep IS Terry Tintle Vice -President By: Brian Weinberg MEA Bargaining Committee C01 .R T .. MEA LIST OF MOU EXHIBITS EXHIBITS "SUBJECT A Class/Salary Schedule B Uniform Polic B-1 Uniform Listing by Category/Class C Vehicle Use Policy D Provisions of the Retiree Medical Subsidy Plan E 9/80 Work Schedule F 4/10 Work Schedule G Agency Shop Agreement H I Catastrophic Leave Donation Program I I Teamsters Miscellaneous Security Trust MEA MOU October 1, 2017 through September 30, 2019 26 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT A -PAY SCHEDULE EFFECTIVE SEPTEMBER 24, 2016 HOURLY WAGE PAY RATES Job type Yp Description Pay Grade ;" A . 'y ..,: B C... D E 0111 Accountant MEA111 32.45 34.23 36.11 38.09 40.19 0286 Accounting Technician I MEA286 22.54 23.78 25.09 26.47 27.92 0287 Accounting Technician II MEA287 24.78 26.14 27.58 29.10 30.70 0294 Accounting Technician Supv MEA294 28.64 30.21 31.88 33.62 35.47 0428 Administrative Aide MEA428 31.81 33.56 35.40 37.35 39.40 0278 Administrative Assistant MEA278 28.08 29.62 31.25 32.97 34.78 0289 Administrative Secretary MEA289 23.92 25.24 26.63 28.10 29.64 0297 Art Programs Curator MEA297 28.36 29.91 31.55 33.29 35.12 0698 Assistant Civil Engineer MEA698 32.45 34.23 36.11 38.09 40.19 0108 Assistant Planner MEA108 33.27 35.09 37.02 39.06 41.21 0267 Assistant Social Worker MEA267 23.11 24.38 25.72 27.14 28.63 0358 Beach Equip Operator MEA358 26.33 27.77 29.30 30.90 32.60 0149 Beach Maint Crewleader MEA149 34.10 35.98 37.95 40.04 42.24 0452 Beach Maint Service Worker MEA452 24.17 25.50 26.90 28.38 29.94 0210 Building Inspector I MEA210 30.71 32.39 34.17 36.05 38.04 0211 Building Inspector 11 MEA211 33.94 35.80 37.77 39.84 42.03 0208 Building Inspector III MEA208 37.49 39.55 41.72 44.02 46.44 0176 Building Plan Checker I MEA176 36.94 38.97 41.11 43.37 45.76 0520 Building Plan Checker II MEA520 42.89 45.25 47.74 50.37 53.14 0366 Business License Supervisor MEA366 33.43 35.26 37.21 39.26 41.42 0112 Buyer MEA112 31.96 33.72 35.58 37.53 39.59 0106 Civil Engineering Assistant MEA106 37.86 39.94 42.14 44.46 46.91 0162 Civilian Check Investigator MEA162 25.40 26.79 28.27 29.82 31.46 0186 Code Enforcement Officer I MEA186 25.53 26.93 28.41 29.98 31.63 0182 Code Enforcement Officer 11 MEA182 31.50 33.22 35.05 36.98 39.01 0511 Code Enforcement Technician MEA511 21.24 22.41 23.64 24.93 26.31 0263 Community Relations Specialist MEA263 26.83 28.31 29.87 31.51 33.25 MEA MOU October 1, 2017 through September 30, 2019 27 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT A -PAY SCHEDULE Job type Descriptions Pay. Grade AB , :: C.p E. 0597 Community Services Officer MEA597 27.51 29.03 30.62 32.31 34.09 0269 Community Srvcs Rec Specialist MEA269 24.17 25.50 26.90 28.38 29.94 0258 Community Srvcs Rec Supv MEA258 33.43 35.26 37.21 39.26 41.42 0172 Construction Inspector I MEA172 30.71 32.39 34.17 36.05 38.04 0463 Construction Inspector 11 MEA463 33.94 35.80 37.77 39.84 42.03 0312 Court Liaison Specialist MEA312 23.92 25.24 26.63 28.10 29.64 0166 Crime Analyst MEA166 31.81 33.56 35.40 37.35 39.40 0165 Crime Analyst Senior MEA165 37.11 39.15 41.31 43.59 45.98 0255 Crime Scene Investigator MEA255 29.95 31.61 33.34 35.18 37.11 0119 Criminalist MEA119 33.43 35.26 37.21 39.26 41.42 0192 Cross Connection Control Spec MEA192 31.50 33.22 35.05 36.98 39.01 0400 Custodian MEA400 21.76 22.96 24.22 25.55 26.95 0134 Deputy City Clerk MEA134 26.19 27.62 29.14 30.74 32.44 0138 Development Specialist MEA138 33.43 35.26 37.21 39.26 41.42 0339 Electrician MEA339 31.01 32.72 34.52 36.42 38.43 0232 Emergency Medical Srvcs Coord MEA232 47.40 50.00 52.75 55.65 58.72 0198 Emergency Services Coordinator MEA198 40.82 43.07 45.43 47.93 50.56 0175 Engineering Aide MEA175 26.83 28.31 29.87 31.51 33.25 0180 Engineering Technician MEA180 32.93 34.75 36.66 38.68 40.80 0445 Environmental Specialist MEA445 37.86 39.94 42.14 1 44.46 46.91 0382 Equip Services Crewleader MEA382 35.15 37.08 39.12 41.27 43.53 0142 Equip/Auto Maint Crewleader MEA142 35.15 37.08 39.12 41.27 43.53 0472 Equip/Auto Maint Leadworker MEA472 31.96 33.72 35.58 37.53 39.59 0383 Equipment Support Assistant MEA383 24.90 26.27 27.72 1 29.24 30.85 0061 Executive Assistant MEA061 32.29 34.06 35.92 37.90 39.98 0143 Facilities Maint Crewleader MEA143 34.97 36.89 38.92 41.06 43.32 0407 Facilities Maint Leadworker MEA407 27.24 28.74 30.32 31.98 33.74 0391 Facilities Maintenance Tech MEA391 25.15 26.53 27.99 1 29.53 31.15 0398 Field Service Representative MEA398 25.93 27.35 28.85 30.44 32.11 0588 1 Fire Prevention Inspector MEA588 1 38.44 40.55 42.79 45.14 47.62 MEA MOU October 1, 2017 through September 30, 2019 28 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT A -PAY SCHEDULE type . Description. GPay ade A B. - C D E 0260 Fire Safety Program Specialist MEA260 32.45 34.23 36.11 38.09 40.19 0173 Fire Training Maintenance Tech MEA173 29.81 31.45 33.18 35.01 36.93 0470 Forensic Systems Specialist MEA470 35.84 37.81 39.90 42.09 44.40 0576 GIS Analyst I MEA576 36.57 38.58 40.70 42.94 45.30 0178 GIS Analyst II MEA178 39.60 41.78 44.08 46.51 49.07 0190 Haz Mat Program Specialist MEA190 36.20 38.19 40.29 42.51 44.85 0337 Helicopter Maintenance Tech MEA337 29.35 30.97 32.67 34.48 36.38 0115 Info Technology Analyst I MEA115 36.57 38.58 40.70 42.94 45.30 0505 Info Technology Analyst 11 MEA505 39.60 41.78 44.08 46.51 49.07 0117 Info Technology Analyst III MEA117 42.27 44.59 47.04 49.63 52.36 0118 Info Technology Analyst IV MEA118 46.46 49.02 51.71 54.55 57.55 0495 Info Technology Technician I MEA495 22.78 24.03 25.34 26.74 28.21 0494 Info Technology Technician II MEA494 25.65 27.06 28.55 30.13 31.79 0493 Info Technology Technician III MEA493 28.77 30.35 32.03 33.79 35.64 0492 Info Technology Technician IV MEA492 31.81 33.56 35.40 37.35 39.40 0491 Info Technology Technician Sr. MEA491 34.10 35.98 37.95 40.04 42.24 0155 Irrigation Crewleader MEA155 34.10 35.98 37.95 40.04 42.24 0357 Irrigation Specialist MEA357 25.53 26.93 28.41 29.98 31.63 0359 Landscape Equip Operator MEA359 26.33 27.77 29.30 30.90 32.60 0145 Landscape Maint Crewleader MEA145 34.10 35.98 37.95 40.04 42.24 0402 Landscape Maint Leadworker MEA402 28.50 30.06 31.71 33.46 35.30 0163 Latent Fingerprint Examiner MEA163 32.11 33.88 35.75 37.71 39.79 0300 Legal Assistant MEA300 26.83 28.31 29.87 31.51 33.25 0114 Librarian MEA114 29.07 30.67 32.35 34.13 36.01 0432 Library Facilities Coordinator MEA432 26.19 27.62 29.14 30.74 32.44 0451 Library Services Clerk MEA451 20.30 21.42 22.59 23.83 25.14 0257 Library Specialist MEA257 24.17 25.50 26.90 28.38 29.94 0302 Literacy Program Specialist MEA302 29.07 30.67 32.35 34.13 36.01 0392 Maint Service Worker MEA392 24.17 25.50 26.90 28.38 29.94 0394 Maintenance Worker MEA394 21.24 22.41 23.64 24.93 1 26.31 MEA MOU October 1, 2017 through September 30, 2019 29 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT A -PAY SCHEDULE Job Descriptions Pay Grade, A, B C�- D E 0448 Marine Equipment Mechanic MEA448 31.66 33.40 35.23 37.16 39.20 0384 Mechanic I MEA384 25.02 26.39 27.85 29.38 31.00 0348 Mechanic II MEA348 27.79 29.33 30.94 32.64 34.43 0347 Mechanic III MEA347 29.51 31.13 1 32.85 34.65 36.56 0380 Media Services Specialist MEA380 24.17 25.50 26.90 28.38 29.94 0306 Office Assistant I MEA306 17.22 18.17 19.17 20.23 21.34 0304 Office Assistant II MEA304 20.71 21.86 23.06 24.32 25.66 0290 Office Specialist MEA290 21.86 23.06 24.33 25.67 27.08 0378 Painter Leadworker MEA378 31.16 32.88 34.69 36.60 38.62 0153 Park Maintenance Crewleader MEA153 34.97 36.89 38.92 41.06 43.32 0177 Parking Meter Repair Tech MEA177 27.79 29.33 30.94 32.64 34.43 0395 Parking Meter Repair Worker MEA395 25.65 27.06 28.55 30.13 31.79 0570 Parking/Camping Assistant MEA570 21.24 22.41 23.64 24.93 26.31 0459 Parking/Camping Crewleader MEA459 34.10 35.98 37.95 40.04 42.24 0401 Parking/Camping Leadworker MEA401 28.50 30.06 31.71 33.46 35.30 0455 Parking/Traffic Control Coord MEA455 26.83 28.31 29.87 31.51 33.25 0262 Parking/Traffic Control Officr MEA262 21.24 22.41 23.64 24.93 26.31 0577 Parking/Traffic Control Supv MEA577 28.64 30.21 31.88 33.62 35.47 0458 Payroll Specialist MEA458 37.29 39.34 41.51 43.80 46.21 0447 Payroll Technician MEA447 25.15 26.53 27.99 29.53 31.15 0295 Permit Technician MEA295 23.11 24.38 25.72 27.14 28.63 0279 Personnel Assistant MEA279 24.43 25.77 27.18 28.67 30.25 0367 Pest Control Specialist MEA367 25.53 26.93 28.41 29.98 31.63 0136 Planning Aide MEA136 26.83 28.31 29.87 31.51 33.25 0342 Plumber MEA342 30.25 31.91 33.67 35.52 37.48 0197 Police Photo/Imaging Specialist MEA197 29.81 31.45 33.18 35.01 36.93 0307 Police Records Specialist MEA307 21.86 23.06 24.33 25.67 27.08 0283 Police Records Supervisor MEA283 25.53 26.93 28.41 29.98 31.63 0282 Police Records Technician MEA282 19.81 20.90 22.04 23.25 1 24.52 0308 Police Services Specialist MEA308 1 24.17 25.50 26.90 28.38 1 29.94 MEA MOU October 1, 2017 through September 30, 2019 30 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT A -PAY SCHEDULE Job type Description. Pay Grade. A B C D E 0215 Police Systems Coordinator MEA215 28.21 29.76 31.40 33.13 34.95 0584 Program Coord - Human Srvcs MEA584 29.81 31.45 33.18 35.01 36.93 0259 Property and Evidence Officer MEA259 26.58 28.03 29.58 31.21 32.92 0261 Property and Evidence Supervisor MEA261 30.71 32.40 34.17 36.06 38.04 0583 Rideshare Coordinator MEA583 33.09 34.92 36.84 38.87 41.01 0256 Risk Management Specialist MEA256 24.17 25.50 26.90 28.38 29.94 0515 SCADA Coordinator MEA515 34.10 35.98 37.95 40.04 42.24 0346 SCADA Technician MEA346 30.25 31.91 33.67 35.52 37.48 0110 Senior Accountant MEA110 37.29 39.34 41.51 43.80 46.21 0288 Senior Accounting Technician MEA288 27.24 28.74 30.32 31.98 33.74 0434 Senior Code Enforcement Officer MEA434 34.80 36.71 38.73 40.86 43.10 0171 Senior Construction Inspector MEA171 37.49 39.55 41.72 44.02 46.44 0135 Senior Deputy City Clerk MEA135 33.43 35.26 37.21 39.26 41.42 0586 Senior Engineering Technician MEA586 38.24 40.35 42.57 44.91 47.39 0343 Senior Facilities Maint Tech MEA343 29.51 31.13 32.85 34.65 36.56 0334 Senior Helicopter Maint Tech MEA334 40.62 42.85 45.21 47.69 50.31 0450 Senior Library Specialist MEA450 26.45 27.90 29.44 31.05 32.76 0363 Senior Marine Equip Mechanic MEA363 35.15 37.08 39.12 41.27 43.53 0446 Senior Payroll Technician MEA446 27.65 29.18 30.78 32.48 34.26 0437 Senior Permit Technician MEA437 29.51 31.13 32.85 34.65 36.56 0265 Senior Services Assistant MEA265 16.14 17.02 17.96 18.95 20.00 0481 Senior Services Transp Coord MEA481 25.80 27.21 28.71 30.29 31.95 0709 Senior Telecommunications Technician MEA709 34.10 35.98 37.95 40.04 42.24 0349 Senior Wastewtr Pump Mechanic MEA349 26.33 27.77 29.30 30.90 32.60 0396 Senior Water Meter Reader MEA396 25.40 26.79 28.27 29.82 31.46 0148 Signs & Markings Crewleader MEA148 34.97 36.89 38.92 41.06 43.32 0338 Signs Leadworker MEA338 29.07 30.67 32.35 34.13 36.01 0354 Signs/Markings Equip Operator MEA354 26.33 27.77 29.30 30.90 32.60 0266 Social Worker MEA266 28.36 29.91 31.55 33.29 35.12 0386 Stock Clerk MEA386 21.24 22.41 23.64 24.93 26.31 MEA MOU October 1, 2017 through September 30, 2019 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT A -PAY SCHEDULE Job - type Description Pay' Grade . A B p E 0361 Street Equip Operator MEA361 26.33 27.77 29.30 30.90 32.60 0150 Street Maint Crewleader MEA150 34.10 35.98 37.95 40.04 42.24 0406 Street Maint Leadworker MEA406 29.95 31.61 33.34 35.18 37.11 0183 Survey Party Chief MEA183 38.44 40.55 42.79 45.14 47.62 0174 Survey Technician I MEA174 26.83 28.31 29.87 31.51 33.25 0185 Survey Technician If MEA185 29.07 30.67 32.35 34.13 36.01 0195 Telecommunications Specialist MEA195 38.63 40.76 43.00 45.37 47.86 0181 Traffic Engineering Technician MEA181 34.97 36.89 38.92 41.06 43.32 0389 Traffic Maint Service Worker MEA389 24.17 25.50 26.90 28.38 29.94 0410 Traffic Markings Leadworker MEA410 28.50 30.06 31.71 33.46 35.30 0336 Traffic Signal Electrician MEA336 31.50 33.22 35.05 36.98 39.01 0140 Traffic Signal/Light Crewleadr MEA140 34.97 36.89 38.92 41.06 43.32 0365 Tree Equipment Operator MEA365 26.33 27.77 29.30 30.90 32.60 0144 Trees Maintenance Crewleader MEA144 34.10 35.98 37.95 40.04 42.24 0460 Trees Maintenance Leadworker MEA460 28.50 30.06 31.71 33.46 35.30 0268 Volunteer Services Coordinator MEA268 25.80 27.21 28.71 30.29 31.95 0385 Warehousekeeper MEA385 26.83 28.31 29.87 31.51 33.25 0362 Wastewater Equip Operator MEA362 26.33 27.77 29.30 30.90 32.60 0454 Wastewater Maint Service Workr MEA454 24.17 25.50 26.90 28.38 29.94 0146 Wastewater Ops Crewleader MEA146 34.10 35.98 37.95 40.04 42.24 0404 Wastewater Ops Leadworker MEA404 28.50 30.06 31.71 33.46 35.30 0387 Wastewater Pump Mechanic MEA387 25.65 27.06 28.55 30.13 31.79 0582 Water Conservation Coordinator MEA582 33.09 34.92 36.84 38.87 41.01 0151 Water Dist Maint Crewleader MEA151 34.10 35.98 37.95 40.04 42.24 0379 Water Dist Maint Leadworker MEA379 30.86 32.56 34.35 36.24 38.23 0147 Water Dist Meters Crewleader MEA147 34.10 35.98 37.95 40.04 42.24 0377 Water Dist Meters Leadworker MEA377 28.50 30.06 31.71 33.46 35.30 0364 Water Equip Operator MEA364 28.50 30.06 31.71 33.46 35.30 0397 Water Meter Reader MEA397 23.46 24.74 26.10 27.54 29.05 0356 Water Meter Repair Technician MEA356 1 26.19 27.62 29.14 30.74 32.44 MEA MOU October 1, 2017 through September 30, 2019 32 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT A -PAY SCHEDULE Job type.. Description Pay Grade A B C D E 0152 Water Operations Crewleader MEA152 34.10 35.98 37.95 40.04 42.24 0371 Water Operations Leadworker MEA371 31.81 33.56 35.40 37.35 39.40 0156 Water Quality Coordinator MEA156 34.10 35.98 37.95 40.04 42.24 0191 Water Quality Technician MEA191 29.95 31.61 33.34 35.18 37.11 0461 Water Service Worker MEA461 24.90 26.27 27.72 29.24 30.85 0368 Water Systems Technician I MEA368 24.90 26.27 27.72 29.24 30.85 0369 Water Systems Technician II MEA369 26.58 28.03 29.58 31.21 32.92 0370 Water Systems Technician III MEA370 29.35 30.97 32.67 34.48 36.38 0449 Water Utility Locator MEA449 29.95 31.61 33.34 35.18 37.11 MEA MOU October 1, 2017 through September 30, 2019 33 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT B — UNIFORM POLICY UNIFORM POLICY A. General The City shall furnish uniforms to those employees designated by the various Department Heads as required to wear a standard uniform for appearance, uniformity and public recognition purposes, in the procedures and guidelines set forth hereinafter. B. Affected Employees All employees listed in Exhibit B-1 shall wear a standard City adopted uniform. Each Department Head shall determine which employees must wear a uniform. The Uniform Listing by Category/Class shall be indicated in the document attached hereto and by this reference incorporated herein as Exhibit B-1. C. Personal Protective Equipment (PPE) All personal protective equipment as related to employee job duties and responsibilities shall be provided based upon Supervisor designated need. Examples of personal protective equipment include, but may not be limited to the following: hardhats, foul weather gear, steel -toed rubber boots, steel -toed caps, wood heat resistant soles, special hazard gloves, safety glasses, face shields, ear protectors and arm and shin guards. R-1 safety vests shall be furnished to all employees having occasion to work within travel ways. D. Safety Shoes 1. Safety toe shoes or boots as each assignment dictates. a. Two pair per year. b. Damaged shoes shall be turned into operating Supervisor who shall authorize replacement or repair. 2. The maximum amount to be reimbursed for a pair of safety shoes will not exceed two hundred and twenty-five dollars ($225.00) per pair every six months or sooner, if necessary. 3. Shoes or boots shall be purchased through designated standard outlets. E. Employee Responsibilities 1. Wear a clean and complete uniform as required. 2. Uniform appearance shall include: a. Patch to be worn above left shirt or jacket pocket. b. Pants to have no cuffs. c. Worn with pride in appearance to public (i.e., shirt buttoned, shirttail tucked in, etc). 3. Wash and provide minimum repair (i.e., buttons, small tears, etc). MEA MOU October 1, 2017 through September 30, 2019 34 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT B — UNIFORM POLICY 4. Provide any alterations necessary including sewing on of City patches. 5. Wear the uniform only when on duty or performing work. 6. Notify the Supervisor of the need to replace due to disrepair or severe staining producing an undesirable appearance. 7. Turn in all uniform components, including patches upon termination. 8. Turn in all personal protective equipment upon termination. 9. Wear all personal protective equipment prescribed by the City Safety Officer and Supervisor of the division. F. City Responsibilities 1. Furnish funding for the agreed uniform allowances. 2. Report to the California Public Employees Retirement System (CaIPERS) the cost of uniforms provided as set forth in Uniform Listing by Category/Class, Exhibit B-1, for each class as special compensation in accordance with Title 2, California Code of Regulations, Section 571(a)(5). For employees that are not required to wear uniforms on a daily basis or who are not actively employed for an entire payroll calendar year, a prorated cost of uniforms may apply. 3. Provide and maintain one or more retail clothing outlets for the various allotments. City reserves the right to name vendor. 4. Maintain records of purchases. G. Department Head or Designee Responsibilities 1. Ensure employee compliance with the Uniform Policy. 2. Approve replacement of deteriorated uniform component(s) and personal protective equipment as required and to maintain a listing for each eligible employee, by name and class, of all uniform component(s) and personal protective equipment purchased. 3. Confirm receipt of uniforms, patches and personal protective equipment from an employee upon termination. A Termination Checklist Form is to be completed, signed by the employee, and submitted to the Human Resources Office. 4. Report to the Human Resources Director any changes to the Uniform Listing by Category/Class (Exhibit B-1). The City reserves the right to add, delete, change or modify the Uniform Listing as required. MEA MOU October 1, 2017 through September 30, 2019 35 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT B — UNIFORM POLICY Exhibit B-1 Category of Uniform Category. of Uniform'" Group 1: 5 Shirts, T-Shirts and Pants, Patches, 1 Jacket PW/CS Field Issue), Group 2: 1 Blue Suit, 2 Pants/ Polo Shirts, 1 Sweater, 1 Pair Shoes Fire Group 3: 2 Blue Shirts, 3 Pants/Skirts, 1 choice Jacket/Sweater/Sweatshirt PD Group 4: 2 Polo Shirts, 2 Pants or 2 Shorts, 1 Hat CS Group 5: 5 Polo Shirts, 1 Jacket, 1 Windbreaker (not annually), 1 Hat (Inspection), Shoes PPE/Safety for Inspectors only not CalPERS reportable) Group 6: 2 T-Shirts CS Group 8: 4 Battle Dress Uniform, 4 Polo Shirts, 1 Jacket, 1 Rain suit PD Group 9: 4 Blue Pants, 2 Shorts, 4 Polos or Blue Shirts,1 Jacket, 1 Rain suit PD Group 10: 5 Shirts, 5 Pants, Shoes PPE/Safety not PIERS reportable Group 11: 3 Shirts, 3 Pants, Boots PPE/Safety not PIERS reportable Group 12: 5 Polo Shirts, 3 Pants, 1 Sweatshirt or Windbreaker IS Uniform Listing by Category/Class* Department— Job....: ;_ Class Cate, gory, 9 -.--Notes-'----" Type of Uniform Comm Svcs 0358 Beach Equip Operator 1 Comm Svcs 0149 Beach Maint Crewleader 1 Comm Svcs 0452 Beach Maint Service Worker 1 Daily wear not required. Used for Comm Svcs 0258 Community Services Recreation 6 special events and/or sports Supervisor leagues. Frequency of use varies - seasonal from weekly to monthly Daily wear not required. Special Community Services/Recreation events and/or sports leagues use Comm Svcs 0269 Specialist 6 only. Frequency varies from weekly to monthly according to season. Comm Svcs 0448 Marine Equipment Mechanic 1 Comm Svcs 0177 Parking Meter Repair Tech 1 Comm Svcs 0395 Parking Meter Repair Worker 1 Comm Srvc 0570 Parking/Camping Assistant 4 Comm Svcs 0459 Parking/Camping Crewleader 4 Comm Svcs 0401 Parking/Camping Leadworker 4 Comm Svcs 0363 Senior Marine Equip Mechanic 1 MEA MOU October 1, 2017 through September 30, 2019 36 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT B — UNIFORM POLICY Department Job Type Class Category of Uniform Notes Comm Svcs 0265 Senior Services Assistant 6 Bus Driver only Finance Public Works 0398 Field Services Representative 1 Fire 0232 Emergency Medical Svcs Coord 2 Fire 0198 Emergency Services Coordinator 2 Daily wear not required Fire 0260 Fire Safety Program Specialist 2 Fire 0173 Fire Training Maintenance Tech 11 Fire 0190 Haz Mat Program Specialist 10 Information Services 0492 Info Technology Technician IV 12 Daily wear not required Community Development 0210 Building Inspector 1 5 Community Development 0211 Building Inspector II 5 Community Development 0208 Building Inspector 111 5 Community Development 0186 Code Enforcement Officer 1 5 Community Development 0182 Code Enforcement Officer II 5 Community Development 0511 Code Enforcement Tech 5 Community Development 0434 Senior Code Enforcement Officer 5 Police 0263 Community Relations Specialist 3 Daily wear not required Police 0471 Community Services Officer 9 Police 0255 Crime Scene Investigator 8 Police 0337 Helicopter Maintenance Tech 1 Police 0455 Parking/Traffic Control Coordinator 9 Police 0262 Parking/Traffic Control Officer 9 Police 0577 Parking/Traffic Control Supv 9 Police 0307 Police Records Specialist 3 In Records Division only Police 0283 Police Records Supervisor 3 Police 0282 Police Records Technician 3 Police 0308 Police Services Specialist 3 In Records Division only Police 0215 Police Systems Coordinator 3 Police 0259 Property and Evidence Officer 9 Police 0261 Property and Evidence Supervisor 9 Police 0334 Senior Helicopter Maint Tech 1 Public Works 0172 Construction Inspector 1 5 Public Works 0463 Construction Inspector II 5 Public Works 0192 Cross Connection Control Spec 5 Public Works 0339 Electrician 1 Public Works 0445 Environmental Specialist 5 Public Works 0382 Equip Services Crewleader 1 Public Works 0142 Equip/Auto Maint Crewleader 1 Public Works 0472 Equip/Auto Maint Leadworker 1 Public Works 0383 Equipment Support Assistant 1 Public Works 0407 Facilities Maint Leadworker 1 MEA MOU October 1, 2017 through September 30, 2019 37 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT B — UNIFORM POLICY ;.... Department -,-."::, Job Type Class Category of Uniform _ _... . :. . Notes. - Public Works 0391 Facilities Maintenance Tech 1 Public Works 0155 Irrigation Crewleader 1 Public Works 0359 Landscape Equip Operator 1 Public Works 0145 Landscape Maint Crewleader 1 Public Works 0402 Landscape Maint Leadworker 1 Public Works 0392 Maintenance Service Worker 1 Public Works 0394 Maintenance Worker 1 Public Works 0384 Mechanic 1 1 Public Works 0348 Mechanic II 1 Public Works 0347 Mechanic 111 1 Public Works 0378 Painter Leadworker 1 Public Works 0153 Park Maintenance Crewleader 1 Public Works 0367 Pest Control Specialist 1 Public Works 0342 Plumber 1 Public Works 0515 SCADA Coordinator 5 Public Works 0346 SCADA Technician 1 Public Works 0171 Senior Construction Inspector 5 Public Works 0343 Senior Facilities Maint Tech 1 Public Works 0350 Senior Vehicle Body Technician 1 Public Works 0349 Senior Wastewater Pump Mechanic 1 Public Works 0396 Senior Water Meter Reader 1 Public Works 0338 Signs Leadworker 1 Public Works 0148 Signs/Markings Crewleader 1 Public Works 0354 Signs/Markings Equip Operator 1 Public Works 0361 Street Equip Operator 1 Public Works 0150 Street Maint Crewleader 1 Public Works 0406 Street Maint Leadworker 1 Public Works 0183 Survey Party Chief 5 Public Works 0174 Survey Technician 5 Public Works 0185 Survey Technician II 5 Public Works 0389 Traffic Maint Service Worker 1 Public Works 0410 Traffic Markings Leadworker 1 Public Works 0336 Traffic Signals Electrician 1 Public Works 0140 Traffic Signal/Light Crewleader 1 Public Works 0365 Tree Equipment Operator 1 Public Works 0460 Trees Maint Leadworker 1 Public Works 0144 Trees Maintenance Crewleader 1 Public Works 0385 Warehousekeeper 1 Public Works 0362 Wastewater Equipment Operator 1 Public Works 0454 Wastewater Maint Service Worker 1 Public Works 0146 Wastewater Ops Crewleader 5 Public Works 0404 Wastewater Ops Leadworker 1 Public Works 0387 Wastewater Pump Mechanic 1 Public Works 0151 Water Dist Maint Crewleader 1 Public Works 0379 Water Dist Maint Leadworker 1 Public Works 0147 Water Dist Meters Crewleader 5 Public Works 0377 Water Dist Meters Leadworker 1 MEA MOU October 1, 2017 through September 30, 2019 38 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT B - UNIFORM POLICY Department Job Type Class. _ Category of Uniform Notes , Public Works 0364 Water Equipment Operator 1 Public Works 0397 Water Meter Reader 1 Public Works 0356 Water Meter Repair Technician 1 Public Works 0152 Water Operations Crewleader 1 Public Works 0371 Water Operations Leadworker 1 Public Works 0461 Water Service Worker 1 Public Works 0368 Water Systems Technician 1 1 Public Works 0369 Water Systems Technician II 1 Public Works 0370 Water Systems Technician Ill 1 Public Works 0449 Water Utility Locator 1 *Note: unless otherwise indicated, uniforms are required for daily wear. MEA MOU October 1, 2017 through September 30, 2019 39 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT C — VEHICLE USE POLICY VEHICLE USE POLICY Section 1 - Purpose The purpose of these regulations is to establish and implement City policies and procedures relative to the assignment, utilization and control of City -owned vehicles as transportation for employees who engage in official City business, to establish reimbursement procedures for privately -owned vehicles used for City business, and to clarify the City's responsibility for damage and/or liability for private vehicles used on official City business. Section 2 - Scope These regulations cover the use of City and private vehicles for conducting official City business and shall be applicable to all City departments and employees. Section 3 - Policy When necessary during the course of an employee's official duties, transportation or reimbursement therefore shall be provided by the City. In the event no City vehicle is available, the employee may use the personal vehicle with their approval of the Department Head. Employees authorized to drive either their own or a City -owned vehicle on official business must possess a valid California Driver License for the class of vehicle they will be operating. The transportation method authorized will be determined in terms of the best interests of the City. The general program set forth in this regulation will be implemented by the City Manager Office upon approval of the City Council and administered by the Department Heads in accordance with the policies herein established. It is the responsibility of each Department Head to enforce the provisions of this regulation as it relates to employees of his/her department. City -owned vehicles shall only be used for official City business. City -owned vehicles shall not be driven to and kept at the employee's home or any location other than the regular work location or Corporation Yard, except as provided by this regulation. Section 4 — Vehicle Use Criteria Assigned Vehicles: A. Assigned City vehicles maybe taken home by employees whose residence is within ten (10) miles of City Hall for the uses as described below: 1. Executive use includes the City Manager, Assistant City Manager and Department Heads. 2. Emergency Response Units: a. Employees who are required to respond more than once per week on an average without delay in order to protect the public health, safety and property. b. Employees who are required to carry special emergency equipment in their vehicles, which must be utilized on a regular and frequent basis. (A radio in and of itself does not constitute special emergency equipment.) 3. Continuous use outside of regular working hours -- Employees who are called back on an unscheduled basis to perform official city business outside of regular working hours more than once per week on an average and who meet one of the following criteria: a. Mileage driven on official City business exceeds an average of five hundred (500) miles per month, or MEA MOU October 1, 2017 through September 30, 2019 40 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT C — VEHICLE USE POLICY b. Who regularly and frequently supervises subordinates or conducts inspections in the field, or c. Whose duties require the employee to be away from his/her base workstation greater than fifty percent (50%) of his/her working time, on an average. B. City vehicles, which shall not be taken home, may be assigned based on meeting one of the following criteria: 1. Monthly mileage driven exceeds an average of five hundred (500) miles per month and the vehicle is used for the purpose of supervision or inspection in the field, or 2. Duties require the employee to be away from his/her workstation, greater than fifty percent (50%) of his/her working time, on an average. Reimbursement of Use of Personal Vehicle: A. Executive Use — The City Manager, Assistant City Manager and Department Heads may, at their option, receive the automobile allowance as established by Resolution. B. Mileage Reimbursement -- Employees, upon authorization of their Department Head, may use their own vehicles on official City business and shall be reimbursed at current Internal Revenue Service (IRS) regulations while driving on official City business. 1. Employees shall submit monthly claims for reimbursement to their Department Head 2. Employees shall not be reimbursed for commuting to and from work, except that employees who are required to attend scheduled meetings outside of normal working hours may be reimbursed for mileage required. Section 5 — Insurance Requirements All privately -owned vehicles authorized to be used on official City business shall be insured by the individual employee in the minimum amount of fifty thousand dollars ($50,000.00) public liability for any one person and one hundred thousand dollars ($100,000.00) public liability for all persons, any one accident. They must also be insured for twenty thousand dollars ($25,000.00) property damage and fifteen thousand dollars ($15,000.00) for any one uninsured motorist and thirty thousand dollars ($30,000.00) for all uninsured motorists any one accident. Employee private vehicle information shall be reviewed and updated annually by the respective departments. The record maintained should contain the following current information. • Name of Employee • Insurance Company • Insurance Policy Number • Amount of Coverage • Operator's License • Driver's License Expiration Date • Insurance Expiration Date It shall be the Department Head's responsibility to insure that no privately owned vehicle is operated on City business without insurance coverage and a valid operator's license as required by this regulation. MEA MOU October 1, 2017 through September 30, 2019 41 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT C — VEHICLE USE POLICY Clarification on City Liability on Use of Private Vehicle: In the event of damage to private vehicles, while on City business where a third party is negligent, the employee should collect damages (including insurance deductibles) from the third party. Where the employee is negligent, the City cannot be held liable for damages to the automobile, but the City can be held responsible for liability to third parties. The City shall be responsible to such employee for the first one hundred dollars ($100.00) of comprehensive and/or collision damages suffered by such employee to the extent that such employee's personal automobile insurance policy does not cover such first one hundred dollars ($100.00) damage. The employee's insurance policy is considered as the primary coverage, and the City liability begins after the limitations of the employee's coverage is exhausted. In the event a City employee's personal vehicle is damaged due to accident/collision while being used for official City business and the employee is deprived the use thereof, the City shall furnish such employee with a vehicle during such time as is reasonably required to repair said employee's vehicle. MEA MOU October 1, 2017 through September 30, 2019 42 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT D — RETIREE MEDICAL SUBSIDY PLAN PROVISIONS OF THE RETIREE MEDICAL SUBSIDY PLAN Employees hired on or after October 1, 2014 shall not be eligible for this benefit. An employee who has retired from the City shall be entitled to participate in the City sponsored medical insurance plans and the City shall contribute toward monthly premiums for coverage in an amount as specified in accordance with this Plan, provided: A. On the date of retirement the employee has a minimum often (10) years of continuous full time City service or is granted an industrial disability retirement; and B. At the time of retirement, the employee is employed by the City; and C. Following official separation from the City, the employee is granted a retirement allowance by the California Public Employees' Retirement System. The City's obligation to pay the monthly premium as indicated shall be modified downward or cease during the lifetime of the retiree upon the occurrence of any one of the following: 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 monthly premiums may be adjusted downward or eliminated. Benefit coverage at age sixty five (65) under the City's medical plans shall be governed by applicable plan document. 2. In the event the federal government or state government mandates an employer - funded health plan or program for retirees, or mandates that the City make contributions toward a health plan (either private or public) for retirees, the City's contribution rate as set forth in this plan shall first be applied to the mandatory plan. If there is any excess, that excess may be applied toward the City medical plan as supplemental coverage provided the retired employee pays the balance necessary for such coverage, if any. 3. In the event of the death of any employee, whether retired or not, the amount of the retiree medical insurance subsidy benefit which the deceased employee was receiving at the time of his/her death, or would be eligible to receive if he/she were retired at the time of death, shall be paid on behalf of the spouse or family for a period not to exceed twelve (12) months. SCHEDULE OF BENEFITS D. Minimum Eligibility for Benefits - With the exception of an industrial disability retirement, eligibility for benefits begin after an employee has completed ten (10) years of continuous service with the City of Huntington Beach. Said service must be continuous for ten (10) years unless prior service is reinstated at the time of his/her rehire in accordance with the City's Personnel Rules. MEA MOU October 1, 2017 through September 30, 2019 43 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT D — RETIREE MEDICAL SUBSIDY PLAN E. Disability Retirees - Industrial disability retirees with less than ten (10) continuous years of service shall receive a maximum monthly payment toward the premium for health insurance of one hundred twenty one dollars ($121.00). Payments shall be in accordance with the stipulations and conditions that exist for all retirees. Payment shall not exceed the dollar amount that is equal to the full cost of premium for employee only. F. Marital Status — Married unit retirees eligible for benefits under the Retiree Medical Subsidy Plan may each receive the benefit earned pursuant to Section G — Maximum Monthly Subsidy Payments, whether enrolled individually as the plan enrollee or whether enrolled as a dependent on any City -sponsored medical plan. a. In the case where a retired unit member is married to a City employee (active or retired) outside of this bargaining unit, this provision shall remain applicable. b. This provision shall apply to State of California registered domestic partners the same as married spouses. c. Upon City Council approval of this agreement, this provision shall become effective the first day of the month following MEA open enrollment for Medical plans. G. Maximum Monthly Subsidy Payments - All retirees, including those retired as a result of disability whose number of continuous years of service on the date of retirement exceeds ten (10), shall be entitled to a maximum monthly payment of premiums by the City for each year of completed City service as follows: Maximum Monthly Payment For Retirements After: Years of Service Subsidy 10 $ 121 11 136 12 151 13 166 14 181 15 196 16 211 17 226 18 241 19 256 20 271 21 286 22 300 23 315 24 330 25 344 Note: The above payment amounts may be reduced each month as dependent eligibility ceases due to death, divorce or loss of dependent child status. However, the amount shall not be reduced MEA MOU October 1, 2017 through September 30, 2019 44 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT D — RETIREE MEDICAL SUBSIDY PLAN if such reduction would cause insufficient funds needed to pay the full premium for the employee and the remaining dependents. In the event no reduction occurs and the remaining benefit premium is not sufficient to pay the premium amount for the employee and the eligible dependents, said needed excess premium amount shall be paid by the employee. H. Medicare: 1. All persons are eligible for Medicare coverage at age sixty-five (65). Those with sufficient credit 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, Part B of Medicare is paid for by the participant. 2. 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 subsidy shall pay for Part A for each of them or the maximum subsidy, whichever is less. 3. 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, the spouse shall not receive 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. I. Cancellation: 1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation provisions apply: a. Coverage for a retiree under the Retiree Medical Subsidy Plan will be eliminated on the first day of the month in which the retiree reaches age sixty-five (65). If such retiree was covering dependents under the Plan, dependents will be eligible for COBRA continuation benefits effective as of the retiree's sixty-fifth (65th) birthday. b. Dependent coverage will be eliminated upon whichever of the following occasions comes first: After thirty six (36) months of COBRA continuation coverage, or When the covered dependent reaches age sixty-five (65) and in the event such dependent reaches age sixty-five (65) prior to the retiree reaching age sixty-five (65). c. 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 Retiree Medical Subsidy Plan will be eliminated. MEA MOU October 1, 2017 through September 30, 2019 45 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT D — RETIREE MEDICAL SUBSIDY PLAN d. Retiree Medical Subsidy Plan and COBRA participants shall be notified of non- payment of premium by means of a certified letter from Human Resources in accordance with the provisions of this Memorandum of Understanding. e. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall be terminated from the Plan and shall not have reinstatement rights. MEA MOU October 1, 2017 through September 30, 2019 46 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT E 9/80 WORK SCHEDULE Resources Director or designee. The purpose of this authorization is to review the impact on overtime. FLSA exempt employees may change their schedules at the beginning of any pay period with Supervisor and Department Head approval. E. Emergencies — All employees on the 9/80 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 Manager, Department Head or designee may require such service from any of said employees. Overtime Defined FLSA Non -Exempt Employees — All non-exempt employees under the 9/80 work schedule shall earn overtime for all hours worked after the first forty (40) hours in their designated FLSA workweek as required under FLSA. Employees are required to obtain Supervisor authorization prior to working any overtime. 1. Overtime Compensation —As stated in Article IX.B. 2. Compensatory Time —As stated in Article IX.B. Leave Benefits When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9) hours of eligible leave per workday shall be charged against the employee's leave balance or eight (8) hours shall be charged if the day off is a Friday. All leaves shall continue under the current accrual, eligibility, request and approval requirements. 1. General Leave — As stated in Article XI I.A.1. 2. Sick Leave — As stated in Article XI I.A.3. 3. Bereavement Leave — As stated in Article XI I.A.4. 4. Holidays a. If a holiday falls on an FLSA non-exempt employee's flex day off, the employee must then take the work shift before or after the holiday off with their Supervisor and Department Head approval. If the employee cannot take the work shift before or after the holiday off, the employee will be credited General Leave with the number of hours of the employee's regularly scheduled work shift. b. If a holiday falls on an FLSA exempt employee's flex day off, the employee must then take the work shift before or after the holiday off with Supervisor and Department Head approval. FLSA exempt employees shall not be granted any Administrative/General Leave or any added compensation for not taking a work shift off on a scheduled holiday. 5. Jury Duty - The provisions of the Personnel Rules shall continue to apply, however, if an FLSA exempt employee is called to serve on jury duty during a the employee's flex day off, Saturday or Sunday or on a City holiday, then the jury duty shall be considered the same as having occurred during the employee's day off from work; therefore, the employee will receive no added compensation. MEA MOU October 1, 2017 through September 30, 2019 48 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT F 4/10 WORK SCHEDULE 4/10 WORK SCHEDULE This work schedule is known as the "4/10" work schedule. The 4/10 work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). In the event that there is a conflict with the current rules, practices and/or procedures regarding work schedules and leave plans, then the rules listed below shall govern. 4/10 Work Schedule Defined The 4/10 work schedule shall be defined as working four (4) days for forty (40) hours in an FLSA workweek by working four (4) days at ten (10) hours per day, plus a minimum of thirty (30) minutes unpaid lunch during each work shift. The FLSA workweek shall be defined as Saturday 12:00:00 A.M. to Friday 11:59:59 P.M. The 4/10 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. 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 Manager, Department Head or designee may require such service from any of said employees. Overtime Defined FLSA Non -Exempt Employees — All non-exempt employees under the 4/10 work schedule shall earn overtime for all hours worked after the first forty (40) hours in an FLSA workweek as required under FLSA. Employees are required to obtain Supervisor authorization prior to working any overtime. 1. Overtime Compensation — As stated in Article IX.B. 2. Compensatory Time —As stated in -Article IX.B. Leave Benefits When an employee is off on a scheduled workday under the 4/10 work schedule, then ten (10) hours of eligible leave per workday shall be charged against the employee's leave balance. All leaves shall continue under the current accrual, eligibility, request and approval requirements. 1. General Leave —As stated in -Article XI I.A.1. 2. Sick Leave — As stated in Article XII.A.3. 3. Bereavement Leave —As stated in -Article XI I.A.4. 4. Holidays a. If a holiday falls on an FLSA non-exempt employee's Friday off, the employee must then take the work shift before or after the holiday off with Supervisor and Department Head approval. If the employee cannot take the work shift before or after the holiday off, the employee will be credited with General Leave the number of hours of the employee's regularly scheduled work shift. MEA MOU October 1, 2017 through September 30, 2019 49 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT F 4/10 WORK SCHEDULE b. If a holiday falls on an FLSA exempt employee's Friday off, the employee must then take the work shift before or after the holiday off with Supervisor and Department Head approval. FLSA exempt employees shall not be granted any Administrative/General Leave or any added compensation for not taking a work shift off on a scheduled holiday. 5. Jury Duty - The provisions of the Personnel Rules shall continue to apply, however, if an FLSA exempt employee is called to serve on jury duty during a normal Friday off, Saturday or Sunday or on a City holiday, then the jury duty shall be considered the same as having occurred during the employee's day off from work; therefore, the employee will receive no added compensation. MEA MOU October 1, 2017 through September 30, 2019 50 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT G — AGENCY SHOP AGREEMENT AGENCY SHOP AGREEMENT Legislative Authority The City of Huntington Beach (City) and the Huntington Beach Municipal Employees Association (Association) mutually understand and agree that in accordance with State of California law, per adoption of SB 739 (Government Code Section 3502.5), and SB 866 (Government Code Section(s) 3550, 3551, 3552, 3553, 3555.5 and 3556) the Association will be covered by an Agency Shop. As a result of this Agency Shop Agreement between the City and the Association, this Agency Shop Agreement hereby requires that all bargaining unit employees represented by the Association: 1. Make the voluntary election to join the Association and pay Association Dues 2. Or opt -out of Association membership The following Agency Shop Agreement will be implemented in conformity with California Government Code Section 3502.5 and applicable law (SB 866) and will be incorporated into any successor Memorandum of Understanding entered into between City and Association, unless rescinded pursuant to the terms of this Agreement. Association Dues The City shall deduct Association Dues, from all employees who have signed a written authorization, and a copy of that authorization has been provided to the Human Resources Director. The authorization shall indicate the Association Dues, to be deducted. Employees who do not sign the written authorization, shall be deemed to opt -out of Association membership. Employees on leave without pay or employees who earn a salary less than the Association deduction shall not have Association Dues deducted for that pay period. The Association shall notify the Human Resources Director of the amount of the Association Dues to be deducted from the unit members' paychecks. New Hire Notification All new hires in the bargaining unit shall be informed by the Human Resources Director or designee, at the time of hire, that an Agency Shop Agreement is in effect for their classification, by providing a copy of this Agreement, the Memorandum of Understanding and a form, mutually developed between the City and the Association that outlines the employee's choices under the Agency Shop Agreement. The employee shall be provided thirty (30) calendar days from the date of hire to elect their choice and provide a signed copy of that choice to the Human Resources Director. Deductions under this Agency Shop Agreement for new hires will start with the first full payroll period beginning thirty (30) days after the new hire submits his/her selection to the Human Resources Director. The Association may request to meet with new hires at a time and place mutually agreed upon between the City and the Association. RPrnrds The Association shall keep an adequate itemized record of its financial transactions and shall make a written financial report thereof, in the form of a balance sheet certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant, available annually, to the Citywithin 60 days following the end of its fiscal year. All forms submitted by an employee to the City, or by the Association on behalf of an employee, shall be retained by the City in the employee's personnel file. MEA MOU October 1, 2017 through September 30, 2019 51 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT G — AGENCY SHOP AGREEMENT The Human Resources Director or designee shall provide the Association a list of all unit members with dues paying status with each Association Dues check remitted to the Association. This list and the Association Dues shall be submitted by the City to the Association within three weeks of each pay period. Rescission Of Agreement The Agency Shop Agreement may be rescinded at any time during the period of time that the Association remains the exclusive bargaining agent for the unit employees by a majority vote of all the employees in the bargaining unit. A request for such vote must be supported by a petition containing the signatures of at least thirty percent (30%) of the employees in the unit. The election shall be by secret ballot and conducted by California State Mediation and Conciliation and in accordance with state law. INDEMNIFICATION The Association shall indemnify, defend and hold the City harmless from and against all claims and liabilities as a result of implementing and maintaining this Agency Shop Agreement. The City and the Association recognize the right of the employees to form, join and participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to join or participate in employee organization activities. During the life of this Agreement all unit members who choose to become members of the Association shall be required to maintain their membership in the Association in good standing, subject however, to the right to resign from membership no sooner than April 15 or later than May 15, of any year this Agreement remains in effect. Any unit member may exercise the right to resign by submitting a written notice to the Association and to the City during the resignation period on the Deduction Authorization/Change in Status form. The change in deductions from the employee's payroll will be effective with the first full pay period beginning thirty (30) days or more after the Human Resources Director receives the employee's written notice. The City and the Association agree that neither shall discriminate nor retaliate against any employee for the employee's participation or non -participation in any Association activity. Payroll Deduction The City will deduct from each paycheck of unit employees, and remit to the Association, the normal and regular Association Dues, in the timelines described as voluntarily authorized in writing by the employee, subject to the following conditions: 1. Such deductions shall be made only upon submission of a Deduction Authorization/Change in Status form to the Human Resources Director. Said form shall be duly completed and signed by the employee. If no form is completed by the employee, the employee shall be considered to have elected to opt -out. 2. The City shall not be obligated to put into effect any new, changed or discontinued deduction until the first full pay period commencing thirty (30) days or longer after such submission. Every effort will be made by the City to remit dues to the Association within three (3) weeks of receipt. The Association agrees to indemnify and hold the City harmless against any MEA MOU October 1, 2017 through September 30, 2019 52 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT G — AGENCY SHOP AGREEMENT and all suits, claims, demands and liabilities that may arise out of, or by reason of, any action that shall be taken by the City for the purpose of complying with this Section. MEA MOU October 1, 2017 through September 30, 2019 53 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT H — CATASTROPHIC LEAVE DONATION PROGRAM Guidelines 1. Purpose The purpose of the voluntary catastrophic leave donation program is to bridge employees who have been approved leave time to either; return to work, long-term disability, or medical retirement. Permanent employees who accrue vacation, general leave or compensatory time may donate such leave to another permanent employee when a catastrophic illness or injury befalls that employee or because the employee is needed to care for a seriously ill family member. The leave -sharing Leave Donation Program is Citywide across all departments and is intended to provide an additional benefit. Nothing in this program is intended to change current policy and practice for use and/or accrual of vacation, general, or sick leave. 2. Definitions Catastrophic Illness or Injury - A serious debilitating illness or injury, which incapacitates the employee or an employee's family member. Family Member - For the purposes of this policy, the definition of family member is that defined in the Family Medical Leave Act (child, parent, spouse or domestic partner). 3. Eligible Leave Accrued compensatory time off, vacation or general leave hours may be donated. The minimum donation an employee may make is two (2) hours and the maximum is forty (40) hours. 4. Eligibility Permanent employees who accrue vacation or general leave may donate such hours to eligible recipients. Compensatory time off accrued may also be donated. An eligible recipient is an employee who: • Accrues vacation or general leave; • Is not receiving disability benefits or Workers' Compensation payments; and • Requests donated leave. 5. Transfer of Leave The maximum donation credited to a recipient's leave account shall be the amount necessary to ensure continuation of the employee's regular salary during the employee's period of approved catastrophic leave. Donations will be voluntary, confidential and irrevocable. Hours donated will be converted into a 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. MEA MOU October 1, 2017 through September 30, 2019 54 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT H — CATASTROPHIC LEAVE DONATION PROGRAM Employees wanting to make donations will submit a Leave Donation Form to the Finance Department (payroll). All donation forms submitted to payroll will be date stamped and used in order received for each bi-weekly pay period. Multiple donations will be rotated in order to insure even use of time from donors. Any donation form submitted that is not needed will be returned to the donor. MEA MOU October 1, 2017 through September 30, 2019 55 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT H — CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Request Form Requestor, Please Complete According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request donated Vacation, Administrative Leave, General Leave or Compensatory Time. MY SIGNATURE CERTIFIES THAT: • A Leave of absence in relation to a catastrophic illness or injury has been approved by my Department; and I am not receiving disability benefits or Workers' Compensation payments. Name: (Please Print or Type: Last, First, MI) ork Phone: Department: ob Title: Employee ID#: Requestor Signature: Date: Department Director Signature: Date: Human Re sources��Depa', ment K �d?.' --'T`�Tit✓, +N*,y�{.�"d^'�e Ea 1i.^ttfi'++'4<Y'+d .RH MK''i'i"+7'»" "i a5..,,,}.i� 4". �� End�donationdate�wdl bndgrye�to ��� ,��'� ' �`� ��;�� Erid �doriation date �"� ����� AT _, t �" arc i.4 S, ! 0, Long TermxDisability,� "R""" Aky?sb i? � 4 . ' �. .$-h R1 0. Medical -Retirement be innins " q �; 9 9�a° 4 �, y >z-"" `�''i3� ,�e�� 'i•. % p9. ! 0 Length of FMLA leave endings R> �s� ", rtyp1 "�„4}}4 y.., 1z�.('IN -yr i»�1Y�,�b. 2 a* i Ii^f fi ... ... .........- w_?"m.. e.�.-_.�,,� '.':.':.. ;-.,, a,'::x, .ra',;:",,,st .,r'.✓,��e;;�.Y�" vvkyM ,*Yt Human Resources Director Signature �� ;.°��k ;%'i."`;:,�.?.''.;.y✓.�:yn�'�k�c±kf �t�'^^'�?�t�7 �+"x." ,� ,s �'�`:`�,'r�* - - - ':'.���" Date^signed*wk ��� �i,��"�'�3� fk� �..ft i� l� !�'7"✓'S'�4',4 E �rt,'.sy.� f }p m* t s ,�€ � fi.rt .,.�i. Mro;N-i..���a.�.:� tad iF� f�..�'':t;?}L'>� «"$:�'.."A,'°w^.:5 ms�K;�laN^;:it•Aei3`t"£".="f;-�'.''=:`.a,:;"v:.q. �ai"�.�r.�fi�iE.*5�..`'v .�L.. Please return this form to the Human Resources Office for processing MEA MOU October 1, 2017 through September 30, 2019 56 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT H — CATASTROPHIC LEAVE DONATION PROGRAM Voluntary Catastrophic Leave Donation Program Leave Donation Form Donor, please complete Donor Name: (Please Print or Type: Last, First, MI) rork Phone: Donor Job Title: Type of Accrued Leave: Number of Hours I wish to Donate: ❑ Vacation Hours of Vacation ❑ Compensatory Time Hours of Compensatory Time ❑ General Leave Hours of General Leave ❑ Administrative Leave Hours of Administrative Leave I understand that this voluntary donation of leave credits, once processed, is irrevocable; but if not needed, the donation will be returned to me. I also understand that this donation will remain confidential. I wish to donate my accrued Vacation, Compensatory Time, Administrative Leave or General Leave hours to the Catastrophic Leave Donation Program for: ligible recipient employee's name (Last, First, MI): or Signature: Please submit to Payroll in the Finance Department. MEA MOU October 1, 2017 through September 30, 2019 57 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT I — HEALTH AND OTHER INSURANCE BENEFITS TEAMSTERS MISCELLANEOUS SECURITY TRUST FUND • The Teamsters Miscellaneous Security Trust Fund contracts with the City of Huntington Beach to provide medical benefit plan options. • Coverage for MEA employees shall begin the first of the month following employment. The City of Huntington Beach shall remit one (1) payment of three (3) months of medical premiums for new enrollees. MEA MOU October 1, 2017 through September 30, 2019 58 Res. No. 2018-63 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven, that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on November 5, 2018 by the following vote. - AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden NOES: None ABSENT: None RECUSE: None f City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California B.forargaining Unit Inmation Exhibit "A" City of Huntington Beach and MEA SIDE LETTER AGREEMENT ii. Payroll accounting of the Holiday Closure shall not impact seniority, probationary periods, and health or retirement benefits. Side Letter Implementation 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 nor Article XIV- Miscellaneous (a) — Grievance Arbitration, 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 December 17th, 2018 Huntington Beach Municipal Employees_' Association \t i gor o Daniel eamsters 911 MEA President City of Huntington Beach Fr Ci Manager chele Warren rector of Human Resou APPROVED AS TO FORM: ;,,Michael Gates City Attorney Dated: City of Huntington Beach and MEA — Holiday Closure Side Letter Agreement 2018 City of Huntington Beach MEA Tentative Agreement a_J HUNTINGTON BEACH Dated October 3, 2018 Draft MOU Item 1 # Description Term: October 1, 2017 - September 30, 2019 Rate $ Estimated Annual Impact Notes: 2.a Increase Medical Contributions by $100/ month per FTE $ 100 $ 483,900 Effective November 1, 2018 2.b. Increase Medical Contributions by $50/ month per FTE $ 50 $ 241,950 Effective October 1, 2019 3 Deferred Compensation to $20 per month; currently $5.50 per pay period $ 8.08 $ 39,107 4 Personal Days: 30 hours per FTE* 30 hours $ 96,816 Expires by June 30, 2019 5 Implementation of COHB Side Letter - Teamsters Misc Security Trust Fund Subtotal Cost $ 861,773 These estimates are subject to change and represent Management's best estimate and analysis of the fiscal impact and costs of the above proposal, given the information that is available at this time. *Estimated Annual Impact assumes only 25% of the MEA Group will benefit from a General Leave Overage fiscal impact. These estimates are subject to change. For Discussion Purposes Only 707 MUNICIPAL EMPLOYEES' ASSOCIATION EXHIBIT E 9/80 WORK SCHEDULE 9/80 WORK SCHEDULE This work schedule is known as the "9/80." The 9/80 work schedule is designed to be in compliance with the requirements of the Fair Labor Standards Act (FLSA). In the event that there is a conflict with the current rules, practices and/or procedures regarding work schedules and leave plans, then the rules listed below shall govern. 9/80 Work Schedule Defined The 9/80 work schedule shall be defined as working nine (9) days for eighty (80) hours in a two (2) week pay period by working eight (8) days at nine (9) hours per day and working one (1) day for eight (8) hours, with a scheduled unpaid lunch break during each work shift, totaling forty (40) hours in each FLSA workweek. The 9/80 work schedule shall not reduce service to the public, departmental effectiveness, productivity and/or efficiency as determined by the City Manager or designee. A. The FLSA workweek for each employee on a 9/80 schedule shall begin and end four (4) hours into that employee's regularly scheduled shift on the day of the week that the employee alternatively works an eight (8) hour shift and takes off. For example, employees on a 9/80 schedule who are assigned to the Civic Center shall have an FLSA workweek that starts and ends four (4) hours into the employee's regularly scheduled shift each Friday, as these employees may only have 9/80 schedules that provide for alternating Fridays off with working eight (8) hour days on Fridays. Employees may only take their lunch break on their eight (8) hour day after first having worked four (4) hours in that shift, unless the employee receives prior approval of their Supervisor, as overtime may occur in such situations. B. Two (2) Week Pay Period — The pay period for employees starts Friday mid -shift (P.M.) and continues for fourteen (14) days until Friday mid -shift (A.M.). During this period, each week is made up of four (4) nine (9) hour workdays totaling (thirty-six (36) hours) and one (1) four (4) hour Friday and those hours equal forty (40) work hours in each workweek (e.g. the Friday is split into four (4) hours for the A.M. shift, which is charged to workweek one and four (4) hours for the P.M. shift, which is charged to workweek two). C. A/B Schedules — To continue to provide service to the public every Friday, employees on a 9/80 schedule assigned to the Civic Center, are to be divided between two schedules, known as the "A" schedule and the "B" schedule, based upon the departmental needs. For identification purposes, the "A" schedule shall be known as the schedule with a day off on the Friday in the middle of the pay period, or, "off on payday", the "B" schedule shall have the first Friday (P.M.) and the last Friday (A.M.) off, or "working on payday." An example is listed below: AM F PM F S S M T W Th AM F PM F S S M T W Th AM F PM F A Schedule 4 4 9 9 9 9 - - 9 9 9 9 4 4 B Schedule 9 9 9 9 4 4 9 9 9 9 - D. Schedule Changes — FLSA non-exempt employees cannot change their_assigned schedules, without prior approval of their Supervisor, Department Head, and the Human MEA MOU October 1, 2017 through September 30, 2019 47