HomeMy WebLinkAboutCity Council - 2019-97 RESOLUTION NO. 2019-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND
THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (HBFA), BY ADOPTING
THE SIDE LETTER OF AGREEMENT
WHEREAS, on November 5, 2018, the City Council of Huntington Beach adopted
Resolution No. 2018-65 for the purpose of adopting the Memorandum of Understanding (MOU)
between the City and the Huntington Beach Firefighters' Association(HBFA); and
Subsequent to the adoption of the MOU, the City of Huntington Beach and HBFA 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 HBFA ("Side Letter of Agreement")
attached hereto as Exhibit A and incorporated herein by this reference.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. The Side Letter of Agreement attached hereto as Exhibit A is approved and
adopted.
2. The Side Letter of Agreement amends the MOU between the City of Huntington
Beach and HBFA.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the /0 'day of J)-e 9 6e�� , 2019.
or
(EV MDfjA !0 VED: INITIATED AND APPROVED:
City Manager Assistant y Manager
APPROVE F
City Attorney Mil
219144/19-8270
REST Ald. .Zvl9--
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CITY OF HUNTINGTON BEACH
SIDE LETTER AGREEMENT
Representative of the Huntington Beach Firefighters' Association("HBFA") and the City of
Huntington Beach("City")herby agree amend the HBFA MOU with respect to the Alternative
Dispute Resolution Agreement as follows:
SUPPLEMENTAL LABOR MANAGEMENT WORKERS' COMPENSATION
ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND THE HUNTINGTON BEACH FIREFIGHTERS'
ASSOCIATION
This "Side Letter" shall update the existing language related to the Alternate Dispute Resolution
Agreement ("Agreement")that is currently in effect by and between the City of Huntington Beach
("City") and the Huntington Beach Firefighters' Association("HBFA")pursuant to California
Labor Code Section 3201.7(a)(3)(c).
Pursuant to this Side Letter, "Article IV. Medical Provider" of the Agreement shall be amended to
include "Section H. Industrial Disability Retirements," and"Section I. Use of IME When Medical
Disputes Exist," as outlined below:
H. Industrial Disability Retirements
a. The City and HBFA recognize that the ADR process can also be utilized to obtain a
competent medical opinion as it relates to determining an employees' eligibility for
an Industrial Disability Retirement (IDR), pursuant to California Government Code
Sections 21154 and 21156(a)(2).
b. Pursuant to the guidelines outlined in Article IV of this Agreement, the City and the
HBFA shall meet and confer to identify an agreed-upon listing of IMEs to serve as
the competent medical examiner in reviewing an employees' eligibility for an IDR.
I. Use of IME When Medical Disputes Exist
a. An IME shall be used for all medical disputes that arise in connection with a workers'
compensation claim, including but not limited to determination of causation,the
nature and extent of an injury, the nature and extent of permanent disability and
apportionment, work restrictions, ability to return to work, including transitional duty,
future medical care, and resolution of all disputes arising from utilization review,
including need for spinal surgery pursuant to Labor Code section 4062(b).
b. Furthermore, City and HBFA agree that IME reports will be admissible in any
proceeding and/or hearing involving an injured employee.
1
219142/19-8270
IN WITNESS WHEREOF, the parties have caused this SIDE LETTER AGREEMENT to
be executed by and through their authorized officers on llPr�u.�(ae,� Z3� 20 Lq_
Huntington Beach City of Huntington Beach
Firefighters' Association
C4—
Glenn Pavlovsky O rver Chi
President City Manager
Dated: Dated:
Bill Cerri Travis Hopkins
Vice President Acting Assistant City Manager
Dated: Dated:
1 Segura
Fire Chief
Dated:
APPROVED AS TO FORM:
"-e "—-
i ael Gates `"Q
rt
yAttorney
ted:
2
219142/19-8270
Res. No. 2019-97
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 16, 2019 by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Delgleize , Hardy
NOES: None
ABSENT: Posey
RECUSE: None
may'x
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California