HomeMy WebLinkAboutHuntington Beach Marine Safety Management Association (MSMA) - 2021-12-01 19�mV -D b-v -!
2000 Main Street.
Huntington Beach CA
92648
City of Huntington Beach
File #: 21-938 MEETING DATE: 12/1/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Brittany Mello, Interim Administrative Services Director
Subject:
Introduction for the Proposed Memorandum of Understanding (MOU) Between the Huntington
Beach Marine Safety Management Association (MSMAI and the City of Huntington Beach for
January 1, 2022, through December 31 , 2024
Statement of Issue:
The Memorandum of Understanding (MOU) between the City of Huntington Beach and the Marine
Safety Management Association (MSMA) expired on March 31. 2018 Recently. the City and MSMA
engaged in good-faith negotiations. ultimately reaching tentative agreement on terms in November
2021 on a 3-year contract covering the period of January 1, 2022. through December 31. 2024
Financial Impact:
Pursuant to the terms agreed upon with MSMA. the Finance Department estimates the total
projected average annual cost increase of the MOU to be $82,721 per year during the life of the
agreement
Recommended Action:
Approve the introduction of the proposed Memorandum of Understanding between the Marine Safety
Management Association and the City of Huntington Beach for the period of January 1. 2022. through
December 31. 2024
Alternative Action(s):
Do not approve the introduction of the proposed successor MOU for MSMA employees. and direct
staff to (1) continue to meet and confer with the Association. or (2) utilize the impasse procedures
contained within the City Employer-Employee Relations Resolution.
Analysis:
The Marine Safety Management Association (MSMA) represents approximately 18 employees in the
City
Representatives for the City and MSMA engaged in active discussions over an extended period.
City of Huntington Beach Page 1 of 3 Printed on 11/3012021
poaae"�eg.V.' '
File #: 21-938 MEETING DATE: 12/1/2021
ultimately reaching tentative agreement on contract terms for a 3-year period. Key changes in the
proposed MOU include the following:
Term of Agreement
January 1, 2022, through December 31, 2024
Salary Range Adjustment
• Effective January 1, 2022, employees will shift to a new, seven-step salary range (A - G). The
Marine Safety Officer position will be eliminated, and remaining classifications will be realigned
based on market and internal salary ranges. All employees will be placed on the step in the
new salary range that is closest to their current base salary step without being less.
• Employees who have reached top step (Step G) will be eligible to earn an annual merit-based
bonus of up to three percent (3%) of their base rate of pay at their regularly-scheduled
performance evaluations.
Medical Benefits
• Beginning January 1, 2022, the City's maximum monthly contribution to medical plan rates will
increase to $745.83 for employee only; $1,468.95 for two party, and $1,804.95 for family
coverage. Effective January 1, 2022, employees who opt out of vision coverage will no longer
have the employee premium applied toward their medical premium.
• Beginning January 1, 2023, the City's maximum monthly contribution will increase by $23.33
per month, not to exceed the monthly plan premium cost, as follows: $769.16 for employee
only, $1,492.28 for two party; and $1,828.28 for family coverage.
CaIPERS Cost Sharing
• Beginning January 1, 2023, Classic member safety employees shall contribute an additional
2% towards CalPERS costs, for a total 11% contribution, and New member safety employees
shall contribute a minimum of 13%.
• Beginning January 1, 2024, Classic member safety employees shall contribute an additional
2% towards CalPERS costs, for a total 13% contribution,
Leave Benefits
• Effective January 1, 2022, vacation accrual and the existing sick leave benefit are eliminated
and replaced with General Leave. The City will provide 96 hours of transitional sick leave to
employees that can be used as sick leave and cannot be cashed out.
These key changes and all other negotiated provisions are included in the proposed Memorandum of
Understanding.
Environmental Status:
Not applicable.
Strategic Plan Goal:
City of Huntington Beach Page 2 of 3 Printed on 111302021
powere"Legivar-
File #: 21-938 MEETING DATE: 12/1/2021
Non Applicable - Administrative Item
Attachment(s):
1. Summary of Memorandum of Understanding Modifications
2. Fiscal Impact Report
3. Proposed Memorandum of Understanding
City of Huntington Beach Page 3 of 3 Printed on 11/30/2021
powerellf*legisiar-
City of Huntington Beach
Marine Safety Management Association (MSMA)
Summary of MOU Modifications
November 23, 2021
Article# Subject Proposal
Article I Term January 1, 2022—December 31, 2024
Term of MOU
Article IV New Salary Range Effective January 1, 2022, shift to a new master salary schedule
Salary Schedules that includes seven-steps(A—G)with five percent (5%) between
each step; and one percent (1%) between each range.
Eliminate Marine Safety Officer position, and realign
classifications and pay based on market-and internal salary
ranges, as shown in the table below.
All employees will be placed on the step in the new salary range
that is closest to their current base salary step without being
less.
Table 1. Proposed Salary Ranges
Proposed Salary Range
Job Description Range A B C D E F G
Ocean Lifeguard Specialist 161 27.52 28.90 30.34 31.86 33.45 35.13 36.88
Marine Safety Captain 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72
Marine Safety 226 52.55 55.18 57.94 60.83 63.88 67.07 70.42
Battalion Chief
Article V Performance Based Employees will have the ability to earn up to 3% merit-based
Special Pay Bonus bonus after the employee hits top step at their next regularly
scheduled performance evaluation date. This bonus will be
provided as a lump sum and will not increase the employee's
base salary.
Page 1 of 3
to
MSMA Summary of MOU Modifications—November 30,2021
Article IX Employer Contribution to A modification to Article IX to increase the monthly maximum
Health and Health and Other employer contribution towards flex benefits as follows:
Other Insurance Insurance Benefits
Benefits Effective the beginning of the pay period that includes January 1,
2022:
Single - $745.83
Two party-$1,468.95
Family-$1,804.95
Effective January 1, 2022, employees who opt out of vision
coverage will no longer have the employee premium applied
towards their medical premium.
Effective the beginning of the pay period that includes January 1,
2023, City will increase the maximum contribution to health
insurance by $23.33/month, not to exceed the actual cost of the
premium, as follows:
Single- $769.16
Two party-$1,492.28
Family-$1,828.28
Article X CalPERS Cost Sharing Effective the pay period including January 1, 2023:
Retirement
Classic member employees shall cost share 2% for a total
employee pension contribution of 11%.
"New member" employees shall pay at least thirteen percent
(13%) of pensionable compensation as their retirement
contribution. If the required contribution per PEPRA (half the
normal cost) is less than thirteen percent (13%), employees shall
pay the difference between the required PEPRA contribution and
thirteen percent (13%). If the required PEPRA contribution is at
least thirteen percent (13%) or more, new members will pay the
required PEPRA contribution.
Effective the pay period including January 1, 2024:
Classic member employees shall cost share an additional 2%, for
a total cost share of 4%, increasing the employee pension
contribution of 13%.
Page 2 of 3
112
MSMA Summary of MOU Modifications—November 30, 2021
Article XI Vacation and Sick Leave— Effective January 1, 2022,the accrual for the vacation and sick
Leave Benefits Conversion to General leave benefit are eliminated and replaced with General Leave,
Leave which can be accrued as follows:
General Leave General Leave
Years of Service Accrual Accrual
40-Hour Rate 30-Hour Rate
First through 176 Hours 132 Hours
Fourth Year
Fifth through 200 Hours 150 Hours
Ninth Year
Tenth through 224 Hours 168 Hours
Fourteenth Year
Fifteenth Year and 256 Hours 192 Hours
Thereafter
General Leave shall be capped at 640 hours, and leave
accumulated in excess of the maximum accruals will be paid at
the base hourly rate of pay, on the first pay day following such
accumulation.
Effective January 1, 2022,the City will also provide 96 hours of
sick leave to employees that can be used as sick leave.This sick
leave cannot be cashed out but used by employees as sick leave.
Additional MOU language regarding General Leave will need to
be written to address all of the Leave Benefits provisions.
Update the Family Leave Benefit Entitlements provision:
This benefit will continue in its current form so long as any other
unit receives it, and will sunset in the same calendar year if
eliminated as a result of contract negotiations.
MOU language clean up: Modernize MOU and FLSA language, and make other non-substantive
language changes.
Page 3 of 3
113
Y 10
' City of Huntington Beach
i MSMA Proposal
Proposed Term.3 years
Year 1 Year 2 Year 3
FY 21/22 FY 22/23 FY 23/24
MOU Estimated YOY Estimated YOY Estimated YOY Total Cost of
Item N Union Description Rate/$ Impact Impact Impact Proposal Notes;
1 MSMA Term 3 years(January 1,2022 through 0ecerri ber 31,2024)
2 MSMA Salary Adjustment-Move to new range w/market adjustments, Various IS1,640 74.311 77,660 283,611
7 steps,5%between steps
No employees would be eligible to
receive the bonus before
3 MSMA Annual Top Step Bonus up to 3% Up to 3% - - - 12/31/2024 Costs related to the
bonus will be incurred m future
years.
4 MSMA 13%CalPERS Pick up phased in 4% (4,838) (18,019) (32,492) (55,349)
3 MSMA Health Insurance 131J56 5,319 826 19,901
4a MSMA Eliminate existing 60 day per injury/illness sick leave benefit 149,518) (2.476) (2,600) (54,594) Based on FY 19/20 sick leave
(offset 4c) usage
4b MSMA General leave Accrual 58,926 2,947 3,093 64,966 0-4 years-176 hours;5-9 years-
200 hours;10 14 years 224
hours; 15+years-256 hours
(assumes elimination of vacation
accrual)
4c MSMA Provide existing employees with bank of 96 hours of sick leave 49,518 2,476 2,600 54,594
4d MSMA Eliminating existing 60 day per injury/illness sick leave benefits (58,926) (2,947) (3,093) (64,9661
will have ongoing net savings to the City Offset General leave
Accrual to reflect the long-term savings.
Total Cost of Proposal MSMA 140,SS8 61,611 45,994 243,163
114
Legislative Draft
Memorandum of Understanding
Between
Marine Safety Management Association
and
City of Huntington Beach
April 1 , 2016___n, aFG 31 2018January 1 ,
2022 — December 31 , 2024
MARINE SAFETY OFFICERS' ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
PREAMBLE1 ..................................................................................................................1
ARTICLE I - TERM OF MOU............................................................................................1
ARTICLE 11 - REPRESENTATIONAL UNIT/CLASSIFICATIONS....................................1
ARTICLE III - MANAGEMENT RIGHTS...........................................................................2
ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT...........................................2
ARTICLE V - SALARY SCHEDULES ..............................................................................3
ALuAGr 1046sEA&ES........................................................................................ ...............
ARTICLE VI - SPECIAL PAY...........................................................................................3
A. PERFORMANCE BONUS.....................................................................................................2
B EDUCATION NGE4T &P............................................................................................... 3
BC. ACTING ASSIGNMENT PAY ................................................................................................5
CDCERTIFICATION PAY ............................................................................................. ......... 4
DE. HOLIDAY PAY. ............................................................................................................... 54
1. Holidays Worked.............................. ..............................................................................................j4
2 Holiday Pay In-Lieu...........................................................................................................................5
EFBILINGUAL SKILL PAY .....................................................................................................¢6
FG. EFFECTIVE DATE OF SPECIAL PAY...................................................................................¢6
GH. NO PYRAMIDING OF SPECIAL PAY . . . ..............................................................................6
W REPORTING TO PERS _ ................ ....................................................6
ARTICLE VII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT.............................8
A. GENERAL POLICY.............................................................................................................6
B. AFFECTED EMPLOYEES .................................................................................................. 76
C. PERSONAL PROTECTIVE EQUIPMENT............................................................................... 76
D. EMPLOYEE RESPONSIBILITIES......................................................................................... 76
E. REPORTABLE TO CALPERS ........................................................... 7
ARTICLE Vill - HOURS OF WORK/OVERTIME ..............................................................9
A. WORK SCHEDULE ... . . ..... 6
B. HOURS OF WORK DEFINED.......................................................................................... 9
8C. OVERTIME/COMPENSATORY TIME ................................................................................... 10
1. Paid Overtime_.._...__._........_................................................................................................ Bz
2 Compensatory Time................................................................................................................ 9z
3 Court Time _ _ ..................................................................................................................... 98
aCourt Standby. ............................................................................ .................. ...__.......... . 98
b Court Appearance _...._ _...__ ..__.. ._ ........................ 98
DSTANDBY............._.......... ............................................................ .......................... 96
117
MSMA MOU A 0"#nuary 1,20i214-Mamb Of4ember 31,20L4U i
MARINE SAFETY MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
EF. ON-CALL .... ............ .... ....................................................................................29
ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS .................................�
A. HEALTH .......................................................................................................................
1. CalPERS PEMHCA.....................................................................................................................140
a. PEMHCA Employer Contributions ......................................................................................
b. Maximum Employer Contributions .....................................................................................JJW
c. Ocean Lifeauard Specialist Contnbuuons_......................................................................I......... 11
2 Dental Insurance I..., .............................................................................. 11
c. Ocean Lifeguard Specialist Contributions............... _ .....................UG
3 Retiree(Annuitant) Coverage..... ................. .................................................120
a City Contribution (Unequal Contribution Method)for Retirees................................................ 120
b Termination of Participation in the CalPERS PEMHCA Program - Impact to Retirees..........124
4 Additional Costs for Participation in the PEMHCA program........................................................ 124
a Retiree and/or Annuitant Coverage......................................................................................... 124
b Termination Clause ..................................................................................................._ 132
BMEDICAL CASH-OUT..................................................................................................... 122
C SECTION 125 EMPLOYEE PLAN..................................................................................... 142
D. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT(AD&D)INSURANCE...................... 142
E LONG TERM DISABILITY INSURANCE .............................................................................. 1N
ARTICLE X - RETIREMENT.........................................................................................164
A. CALPERS SAFETY"CLASSIC"MEMBER RETIREMENT BENEFITS ..................................... 1¢4
1. CalPERS Safety "Classic Member' Retirement Formula...........................................................1§4
2 CaIPERS Safety "Classic Member' Final Compensation ...................................................... . 1§4
3 CaIPERS Safety"Classic Member' Contribution__ _ _-...................................................... 164
4 CaIPERS Safety"Classic Member'Cost Sharing.........................................................................I 16
B CALPERS SAFETY"NEW MEMBER" RETIREMENT BENEFITS........................................... 164
1. CalPERS Safety "New Member" Retirement Formula..................................... 164
2 CalPERS Safety"New Member' Final Compensation................................. . 174
3 CalPERS Safety "New Member' Retirement Contribution............................... ........ ._ 14
4, CalPERS Safety"New Member'Cost Shanno................................................................ 17
C. IRS CODE SECTION 414(H)(2) ... .................................................................................... 1IZ6
D SELF FUNDED SUPPLEMENTAL RETIREMENT BENEFIT........................................................ 175
E. HEALTH SAVINGS ACCOUNT FOR POST RETIREMENT MEDICAL BENEFITS............................ 1$5
F. PRE-RETIREMENT OPTIONAL SETTLEMENT 2 DEATH BENEFIT............................................ 1$15
G. 1959 SURVIVORS' BENEFIT LEVEL IV................................................................................ 1§6
H. MEDICAL INSURANCE FOR RETIREES ................................................................................ 1.�6
ARTICLE XI - LEAVE BENEFITS ..................................................................................20
A. VAGA.T16NGENERAL LEAVE ......................................................................................... 1122
1 AGGRk9Purpose _-. .... ........-,............................................................................. 1AG
2 6nniy2Mggy Date................................................................................. IIAS
3 Geavers4eateGashAccrual ....................................................................................................... 1AG
11e
MSMA MOU APAYAOmM 1,20224E MwwA- 31,202JU II
MARINE SAFETY MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
4 Eligibility and Approval _....................................._. _ ....._........... 19
5 Leave Conversion to Cash _................... ...... 19
6 Deferred Compensation/Leave Cash-Out... ................ _........ 19
7. Pay-Off at Separahon from Employment ................. .... ................20
Bc„ee 'F"VFVACATION . ...._. .... ........... ................._................................................23
1 Accrual ......... _.... ..........................................20
2 Eligibility and Permission... ... .... ... ._..... ................... .........................................................20
C. ICK LEAVE............................................................. 2w
D FAMILY LEAVE BENEFIT ENTITLEMENTS....................................................................... 201-7
E. BEREAVEMENT LEAVE ................................................................................................ 214-7
r. 9EFER7iEI3 6AliTENSA-T{9N/6174VE GAFiFI BHT...................................................I........... 1S
G VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM..................... ...................... 2148
ARTICLE XII - CITY RULES...........................................................................................24
ARTICLE XIII - MISCELLANEOUS................................................................................25
A. SALARY UPON APPOINTMENT..........................................................................................25
B. PHYSICAL EXAMINATIONS ...............................................................................................25
C. CONDITIONING TIME ................................................................................................... 214-9
D 1,500 HOUR RECURRENT EMPLOYEES........................................................................ 2248
E COLLECTION OF PAYROLL OVERPAYMENTS ................................................................. 2249
F. GRIEVANCE HEARING COST SHARING ......................................................................... 2249
G. PERSONNEL RULE 19 MODIFICATION........................................................................... 2249
H. UPDATE EMPLOYEE-EMPLOYER RELATIONS RESOLUTION(EERR)................................ 2239
I. MODIFIED RETURN TO WORK POLICY.......................................................................... 2349
J. CONTROLLED SUBSTANCE AND ALCOHOL TESTING __................................................. 2320
ARTICLE XIV - CITY COUNCIL APPROVAL ................................................................27
EXHIBIT A - MSMA SALARY SCHEDULE....................................................................28
EXHIBIT B - SERVICE CREDIT SUBSIDY PLAN .......................................................263
EXHIBIT C - MODIFICATIONS TO EMPLOYEE - EMPLOYER RELATIONS
RESOLUTION.........................................................................................296
EXHIBIT D - MODIFICATIONS TO PERSONNEL RULE 19 .....................................3128
EXHIBIT E - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM.........344
MSMA MOU AyAljpyM 1,20jjfi-M-rW OKgmbgr 31,20Z&U III ,
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF HUNTINGTON BEACH
(Hereinafter called CITY)
and
THE HUNTINGTON BEACH MARINE SAFETY MANAGEMENT ASSOCIATION
(Hereinafter called ORGANIZATION ASSOCIATION or MSMA)
PREAMBLE
WHEREAS pursuant to California law. the City and the representatives of the Association
a duly recognized employee association, have met and conferred in good faith and reached
a full agreement concerning wages hours. and other terms and conditions of employment
WHEREAS except as otherwise expressly provided herein all terms and conditions of this
Agreement shall apply to all employees represented by the Association. and
WHEREAS the representatives of the City and Association desire to reduce their
agreements to writing
NOW THEREFORE this Memorandum of Understanding is made, to become effective
Aftri1 1. 2046 nuary 1, 2022 and it is agreed as follows:
ARTICLE I _ TERM OF MOU
This Memorandum of Understanding shall be in effect for a term commencing on January
1. 2022,ApFil 1 2016 and ending at midnight on December 31. 2024MaFGh 31, 2018 No
further improvements or changes in the salaries and monetary benefits of the employees
represented by the Association shall take effect during the term of this agreement. and the
Association expressly waives any right to request any improvements or changes in salaries
or monetary benefits for the employees represented by the Association which would take
effect prior to December 31, 2024Apf4 - 2A3�13 and the City of Huntington Beach, through
its representatives. shall not be required to meet and confer as to any such request
ARTICLE II = REPRESENTATIONAL UNIT/CLASSIFICATIONS
It is recognized that the Marine Safety Management Association is the employee
organization which has the right to meet and confer in good faith with the City on behalf of
the employees of the Huntington Beach Fire Department within the following classification
and assignment titles
Marine Safety Battalion ChiefL4e4tenant
Marine Safety Captain9€f+seFll
Ocean Lifeguard SpecialistMaFIR8 Safety Qffi (permanent 3/4-time position)
12'
MSMA MOU AprYJanuary 1. 20.U7i-M-FGh 0K9mWr 31,202&0 1
MARINE SAFETY MANAGEMENT ASSOCIATION
ARTICLE III _ MANAGEMENT RIGHTS
The parties agree that the City has the right to unilaterally make decisions on all matters
outside the scope of bargaining Furthermore, except as expressly abridged or modified
herein. the City retains all rights. powers and authority with respect to the management and
direction of the performance of marine safety services and the work forces performing such
services, provided that nothing herein shall change the City's obligation to meet and confer
as to the effects of any such management decision upon wages, hours and terms and
conditions of employment or be construed as granting the Fire ChiefD+rester or the City the
right to make unilateral changes in wages. hours. and terms and conditions of employment
Such rights include. but are not limited to, consideration of the merits, necessity. level or
organization of City services, including establishing staffing n3an4ing requirements
overtime assignments, number and location of work stations. nature of work to be
performed, contracting for any work or operation, reasonable employee performance
standards, including reasonable work and safety rules and regulations in order to maintain
the efficiency and economy desirable for the performance of City services. The parties
agree to meet and confer during the term of this agreement on revisions. changes
modifications and additions to the Personnel Rules and/or Department Rules when
requested by City
ARTICLE IV _ EXISTING CONDITIONS OF EMPLOYMENT
Except as otherwise expressly provided herein. the adoption of this Memorandum of
Understanding shall not change existing benefits and terms and conditions of employment
which have been established in prior Memoranda of Understanding between the City and
the Association
121
MSMA MOU ApAgjnkM 1.2022s6-MaF-h Dgs ber 21.201&0 2
MARINE SAFETY MANAGEMENT ASSOCIATION
ARTICLE V — SALARY SCHEDULES
For each year of this MOU, the base salary of each classification represented by the
Association shall be as set forth in the Salary Schedules. Exhibit A All employees are
required to utilize direct deposit of payroll checks The City shall issue each emplovee
direct deposit advice (payroll receipt) each pay period that details all income,
withholdings, and deductions
0
ARTICLE VI _ SPECIAL PAY
A Performance Bonus
1 Every member who has advanced through all salary steps A-G are eligible for an
annual merit bonus of up to three percent (3%) of their base rate of pay, or prorated
three-quarter (3/4) amount for the Ocean Lifeguard Specialist. The annual merit
bonus amount will be determined based upon the evaluation of the employee's
performance A completed performance evaluation with specific recognition of
outstanding performance in accordance with the Fire Departments Leadership
Intent document must be attached to the Personnel Action Form and sent to the
Human Resources Division The evaluation will also identify performance goals and
oblectrves
Employees who disagree with the performance bonus award granted by their
supervisor/ manager may appeal the decision directly to the Fire Chief for additional
consideration After review, the Fire Chiefs final decision regarding the performance
bonus award amount shall be final and binding and shall not be subject to grievance
The parties agree that to the extent permitted by CalPERS or law the City will report
the compensation in this section as special compensation pursuant to Title 2 CCR,
Section 571(a)(1) Bonus
AB Education4aseAtwo42aa
1 Incentive Plan — It is the purpose and intent of the City to provide an Education
Incentive Plan to motivate the employee to participate in. and continue with their
education so as to improve their knowledge and general proficiency which will, in
122
MSMA MOU ApAIM,iy; I.20jj1C-ma k pocemb*r 31,2OL47i 3
MARINE SAFETY MANAGEMENT ASSOCIATION
turn, result in additional benefits to the Fire Department and to the City As the levels
of additional education listed below are satisfactorily completed and attained, the
employee will receive additional monetary compensation in recognition of their
educational achievement
e1kg1ble to Fecelve-educaUon Gentive pay as follows
a Level I - Any employee who has attained an Associate Degree or attained
Junior status in a degree program, shall receive educational incentive pay of
three percent (3%) of their base rate of pay
b Level II - Any employee who has attained a Bachelors Degree shall receive
education incentive pay of six percent (6%) of their base rate of pay
R;1rhPlAF6DeqFeeRt (60 ) of the base 14Gu y at
h AAA An,AtA flowee fh.oe .. n1 110961 ..f the hnoo h.,,,rl., r..♦
c. Maximum Education Incentive Pay -The maximum education incentive pay an
employee may receive is six percent 6% of their base rate of pay. An employee
may only receive this education incentive pay for one degree
d. Degree Majors - Degree majors will be reviewed and approved by the Fire
Chief to ensure that it will enhance the employees ability to do their job For
current employees seeking additional degrees, the course of study will be
reviewed and approved by the Fire Chief in advance Appeals may be directed
to the Administrative Services Director for final determination
e Effective Date - Following approval, the additional education incentive pay
shall commence the beginning of the pay period following the employee's
submission of a completed application that qualifies for education incentive
pay
0
2 All semployees who were hired before September 19. 2005, and were still
employed with the City as of April 1 , 2016. who do not possess the degrees listed
above shall continue to receive the education incentive pay in effect as of September
19. 2005 Such pay shall not increase unless an employee obtains one of the
degrees listed above In the event an employee obtains an Associates or
Bachelors degree. only the special pay in sections #1a and 1b above shall apply,
respectively, and the following Education Incentive Level Plan shall no longer apply:
Education I Maximum Continuing Education
Incentive College Training Years of College Units Monthly
Level Units Points Service Required Annually Amount
1 30 10 1 6 $ 50
2 60 20 2 3 75
3 90 30 2 3 100
4 120 3 3 150
5 150 4 0 150
123
MSMA MOU AyAYAaMM 1,201246-M@mW L31,20210
MARINE SAFETY MANAGEMENT ASSOCIATION
attaiaed
The parties agree that to the extent permitted by law, the compensation in this section
is special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571(a)(2) Educational Incentive.
C_Ek- Acting Assignment Pay
1. When formally assigned to perform in an acting capacity in the absence of the
Marine Safety Division Chief, a Marine Safety Battalion Chief LieutORaR1 shall be
compensated for each full hour worked at the rate of twelve and one-half percent
(12_514%) of the employee's base hourly rate of pay.
2. Acting Marine Safety Division Chief selection shall be made at the discretion of the
Fire Chief r designee, and seniority will not be the controlling
criteria.
The parties agree that to the extent permitted by law, the compensation in the section
is special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571 (a)(3) (Premium Pay) Temporary Upgrade Pay. This oav is only reported to
CalPERS for employees who are "classic" employees per the Public Employees'
Pension Reform Act.
D. G- Certification Pay
1. Ocean Lifeguard Specialist- Employees in this classification shall not be eligible for
Certification Pay.
-1--2. Marine Safety Captain Affiser�{�AAS6- - Employees classified as Marine
Captain MSG 11 shall receive five percent (5%) above their base hourly rate for
maintaining active certification in- all of the following: SCUBA/Rescue, ICS (Incident
Command System) 100 and 200, Instructor 1 and Instructor 2 8;
SCUBA/Dry Suit; and Instructor Emergency Response Red Cross.
2-3. Marine Safety Battalion Chief LiBUtGRaRt Employees classified as Marine
Safety Battalion Chief 16A-40Aan shall receive five percent (5%) above their base
hourly rate for maintaining active certification in all of the following: ICS (Incident
Command System) 300; Company Officer 2A, 2B, and 2D-.
and
Employees who have completed classes under the Previous State Fire Marshal's
course track will be eligible to receive the Special Certification Pay upon confirmation
of the Fire Chief.
124
MSMA MOU ApdUMU ty 1,2022449MwaR L31,202+U 6
MARINE SAFETY MANAGEMENT ASSOCIATION
The parties agree that to the extent permitted by law. the compensation in this section
is special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571(a)(2) Educational Incentive
E_D Holiday Pay
The pay granted to members of this unit under this section is additional compensation
for employees who are normally required to work on an approved holiday, because the
classification of Marine Safety Captain, OflicAr 4 9 I✓and Marine Safety Battalion Chief,
and Ocean Lifeguard Specialist t ieaieaaR are positions that require staffing without
regard to holidays
1 Holidays Worked
Employees who are required to work on a specified City holiday shall receive Holiday
Pay in addition to the Holiday In-Lieu Pay set forth herein equal to the overtime rate
for all hours worked
2. Holiday Pay In-Lieu
In addition to regular compensation employees shall receive each month one-
twelfth (1/12) of the total holiday hours (80) earned for the year Fempleyees ehatl
be entitled le an add tonal eight (9) hOUFS of pay at their regular Fate f9F aRy da
The following are the recognized legal holidays under this MOU
•l New Years Day
•2 Martin Luther King Birthday Holiday
•3 Presidents Day
.4 Memorial Day
•5 Independence Day
.6 Labor Day
.7 Veterans Day
4 Thanksgiving Day
•9 Day After Thanksgiving
010 Christmas Day
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
MSMA MOU AyAY&UMM 1,20224E MWOA OlCOMbor 31,20214 6
MARINE SAFETY MANAGEMENT ASSOCIATION
The parties agree that to the extent permitted by law Holidays Worked and Holiday In-
Lieu Pay is special compensation and shall be reported as such pursuant to Title 2
CCR. Section 571(a)(5) Holiday Pay
F_✓=`Bilingual Skill Pav
Employees whose bilingual skills are qualified, in accordance with the most current
Huntington Beach Marine Safety Manual Policy A-10 shall be paid an additional five
percent (5%) of their base rate of pay in addition to their regular bi-weekly salaryas paF4 of thelir job a661gRmeRt shall be paid aR additional five PeFGeRt .
0
Eligibility for bilingual pay shall be limited to the following
languages Spanish, Vietnamese, French, German, Japanese, and sign language.
In order to be qualified and certified for said compensation, employee's language
proficiency will be tested and certified by the Administrative Services Director or
designee Basic conversational proficiency will be evaluated based on response to a
scenario driven oral evaluation The Human Resources Division will notify candidates
of the results of the oral evaluation. If the candidate's attempt is unsuccessful, they may
repeat the process in six (6) months time from the date of the previous exam Bilingual
skill pay shall begin the first day of the pay period following certification
The parties agree that to the extent permitted by law. Bilingual Skill Pay is special
compensation and shall be reported as such pursuant to Title 2 CCR. Section 571(a)(4)
Bilingual Premium
G (`Effective Date of Special Pay
All special pay shall be effective the first full pay period following certification and
verification as approved by the Fire Chief for designee
G-H No Pyramiding of Special Pay
Each special pay that is a percentage of base hourly pay shall not be counted towards
the value of any other special pay
W Reporting to PERS
Pursuant to state law and regulations, compensation paid as a result of this Article shall
be reported to the California Public Employees Retirement System (CalPERS) as
special compensation
In the event that CalPERS challenges the City s report of any special compensation as
compensation earnable and informs the City that it cannot not report the pay since it
•z5
MSMA MOU ApAl"pyW 1,2OU46-Mr WQnjM¢Lr 31.201HU 7 - - -- -- -_-- -
MARINE SAFETY MANAGEMENT ASSOCIATION
does not qualify as special compensation per Title 2 CCR section 571, the City is not
obligated to continue to report the pay This is provided for per Title 2 Section 571(c) &
(d)_
ARTICLE VII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT
A General Policy
The City will provides uniforms to all employees on active duty who are required to wear
a standard uniform for appearance. uniformity. and public recognition purposes
B Affected Employees
All employees shall wear a standard City uniform. as provided by the City of Huntington
Beach Fire Department The Fire Chief BepaRmeatklead shall determine which
employees must wear a uniform
C Personal Protective Equipment
All personal protective equipment shall be provided based on employee safety needs
for the performance of duties as approved by the Fire Chief Depa. meRt Head
D Employee Responsibilities
1 Wear a clean and complete uniform as required
2 Uniform appearance shall be worn with pride in appearance to the public_-ji e . shirt
buttoned, shirt tail tucked in. etc ).
3 Wash and provide minimum repair_-ji.e., buttons, small tears. etc.).
4 Not wear the uniform for other than City duties or work
5 Notify supervisor of the need to replace due to disrepair or severe staining producing
an undesirable appearance
6 Turn in all uniform components. including patches, upon separation from
employment
7 Turn in all personal protective equipment upon separation from employment
8 Wear all personal protective equipment prescribed by the City safety officer and/or
Supervisor of the division
127
MSMA MOU ApAyjan �1,202274-MMYA DoCMID6!31,20214 a -
MARINE SAFETY MANAGEMENT ASSOCIATION
E Reportable to CalPER
2-1. The City will report to CalPERS the average annual cost of uniforms for each
employee as special compensation in accordance with Title 2, California Code of
Regulations. Section 571(a)(5) Uniform Allowance For employees who are not
required to wear a uniform on a daily basis or who are not actively employed for an
entire payroll calendar year, a prorated cost of uniforms shall apply This provision
shall apply to classic' members as defined by the Public Employees Pension
Reform Act of 2013 (PEPRA)
3-2, For"new members" as defined by
ef-2013—(PEPRA). the cost of uniforms will not be reported as pensionable
compensation earnable to CaIPER
ARTICLE VIII = HOURS OF WORK/OVERTIME
A Work Schedule
1 The 4/10 work schedule shall be defined as working four (4) days, ten (10) hours
per day, for a total of forty (40) hours per week. twenty-eight (28) day work period
consistent with the 7(K) exemption set forth in the Fair Labor Standards Act (FLSA)
2 The 4/10 work schedule is designed to be in compliance with the requirements of
the FLSA All employees on the 4/10 work schedule are subject to be called to work
any time to meet any and all emergencies or unusual conditions which, in the opinion
of the City Manager, Fire Chief or their designee may require such service from
any of said employees
3. Ocean Lifeguard Specialist — Employees in this classification are assigned to a
permanent 3/4-time schedule, defined as a minimum of thirty (30) hours per week
Schedules may be modified or adjusted by the Marine Safety Division Chief based
on operational needs
B Hours of Work — Defined-
For purposes of this article calculating overtime, general leave. previously accrued
approved vacation. sick leave and compensatory time shall count as hours worked
128 _
MSMA MOU ApAYAnu (1,2022341-M&wRQff&M0*L31,202JU 9
MARINE SAFETY MANAGEMENT ASSOCIATION
C_13 Overtime/Compensatory Time
1 Paid Overtime
a All employees covered by this MOU shall be eligible for overtime pay at one and
one-half (1Yz) times their regular rate of pay, as defined by the FLSA, for all
actual work performed in excess of the employees scheduled hours in their
declared work period.
employee 6 regulai: Fate of pay feF all 11me worked -A excess af theii: srAgd,-'Ad
werk. s -Ocean Lifeguard Specialist personnel shall continue to receive
overtime pay for working hours in excess of forty (40) hours per work week
b Regular rate of pay is defined as the employees base hourly rate of pay plus
their eligible special pays
2 Compensatory Time
Employees may elect to receive compensatory time off that may be earned to a
maximum of one hundred twenty (120) hours in lieu of such overtime pay
Employees may convert up to sixty (60) hours of compensatory time to cash at the
employee's regular rate of pay once per calendar year
3. Court Time
a. Court Standby
Employees required to be on standby for a court appearance during other than
their scheduled working hours shall receive a minimum of two (2) hours their
regular rate of pay for each morning and afternoon court sessions
b Court Appearance
Employees required to appear in court during other than their scheduled working
hours shall receive a minimum of three (3) hours at the overtime rateday, fair a total of foirty (40) houFs peF week
129
MSMA MOU ApAUIML (y 1,202244-Uwal �31,2Oj410 10
MARINE SAFETY MANAGEMENT ASSOCIATION
D. Standby
Employees who are authorized to be on standby status by their Supervisor shall be
compensated two (2) hours at the overtime rate for each eight (8) hour standby period,
or any part thereof. A Supervisor shall notify an available employee, in advance, of the
need to be on standby status.
E. On-Call
agreefae scheduled to be on-
call shall be compensated two (2) hours at the straight pay rate per night. Employee's
assigned on-call during holidays will receive three (3) hours at the straight pay rate per
night. On-call assignments and assignment duration shall be determined by operational
schedules. On-call assignment shall not overlap the normal operational period.
130
MSMA MOU AodylanU 1,20j246-WwM2ffM2htL01,20Z+U 11
MARINE SAFETY MANAGEMENT ASSOCIATION
ARTICLE IX = HEALTH AND OTHER INSURANCE BENEFITS
A Health
The City shall continue to make available group medical. dental and vision benefits to
all association employees The effective date for medical, dental and vision coverage
is the first of the month following date of hire Effective the first of the month following
the employees date of hire. any required employee payroll deduction shall begin with
the first full pay period following the effective date of coverage and shall continue
through the end of the month in which the employee separates. unless otherwise
precluded by CaIPERS PEMHCA _ All employee contributions shall be deducted on a
pre-tax basis
A copy of the medical, dental and vision plan brochures may be obtained from the
Human Resources Office.
1 California Public Employees Retirement System - Public Employees' Medical and
Hospital Care Act (CaIPERS PEMHCA)
The City presently contracts with CaIPERS to provide medical coverage The
City is required under CaIPERS PEMHCA to make a contribution to retiree
medical premiums A retirees right to receive a City contribution. and the City s
obligation to make payment on behalf of retirees, shall only exist as long as the
City contracts with CaIPERS for medical insurance. In addition. while the City is
in CaIPERS, its obligations to make payments on behalf of retirees shall be
limited to the minimum payment required by law
a PEMHCA Employer Contributions
The City shall contribute on behalf of each employee. the mandated minimum
sum as required per month toward the payment of premiums for medical
insurance under the PEMHCA program As the mandated minimum is
increased the City shall make the appropriate adjustments by decreasing its
flex benefits contribution accordingly as defined in the following sub-section
b Maximum Employer Contributions Toward Flex Benefits
For the term of this Agreement, Fm#813WIRI the beginning of the pay period
the City s maximum monthly employer
contribution for each employee's medical and vision insurance premiums are
set forth as follows:
The FRR_.XFn'61FA Gty G9WIFIDUIlAR Shia" be based OR the empleyees
1-1 Employee only ( EE') — The cost of the premium up to a maximum of
$699 00 Effective in the pay period that includes January 1, 2022, the
City agrees to increase this amount to the cost of the premium for
employee only coverage, but not higher than $745 83 per month.
131
MSMA MOU 441"nyja 1, 202sj16-Mw" 1 r 31.Mj& 12
MARINE SAFETY MANAGEMENT ASSOCIATION
Effective in the pay period that includes January 1 2023, the City agrees
to increase this amount to the cost of the premium for employee only
coverage, but not higher than $769.16 per month
iii-ii_Employee + one dependent ("EE + 1 ) - The cost of the premium up to a
maximum of$1 ,399 00 Effective in the pay period that includes January
1, 2022, the City agrees to increase this amount to the cost of the premium
for employee plus 1 coverage, but not higher than $1 ,468 95 per month
Effective in the pay period that includes January 1. 2023, the City agrees
to increase this amount to the cost of the premium for employee plus 1
coverage. but not higher than $1,492 28 per month
w-w Employee + two or more dependents ("EE + 2") - The cost of the premium
up to a maximum of $1,719 00 Effective in the pay period that includes
January 1, 2023, the City agrees to increase this amount to the cost of the
premium for employee plus 2 or more dependents coverage, but not
higher than $1,804 95 per month Effective in the pay period that includes
January 1 2023, the City agrees to increase this amount to the cost of the
premium for employee plus 2 coverage, but not higher than $1,828.28 per
month.
v-ivThe City shall also pay up to $22 76 per month for each employee for the
VSP Vision Plan
c Ocean Lifeguard Specialist Contributions - Employees in this classification
shall receive a prorated, seventy-five percent (75%) amount of the City's
maximum employer contribution rate, up to but not exceeding the premium,
as established for full-time employees
The pairtie6 agree the required PE'I'AHCA' GOAtIFIN-'I-OR 16 IRGluded in this sum stalled
The maximum City contribution shall be based
on the employee's enrollment in each plan The parties agree that the required
PEMHCA contribution (re the annual PEMHCA statutory minimum) is included in
this sum stated in the sub-section above If the employee enrolls in a plan wherein
the costs exceed the City contribution, the employee is responsible for all additional
premiums through pre-tax payroll deductions.
2 Dental Insurance
The annual maximum benefit for the Delta Dental PPO plan is $2000 (two
thOU!Saad deUars).
a Tthe maximum monthly
City contribution for dental insurance for the Delta Dental PPO plan shall be
as follows 1) employee only ( EE') - $57 86, 2) employee plus one
dependent ('EE + 1") - $108 02 3) employee plus two or more dependents
("EE + 2 ) - $142.36.
'32
MSMA MOU ApAWAag r 1,2O22 Nr M-mh OxNnDer 31. 26244 13
MARINE SAFETY MANAGEMENT ASSOCIATION
b , Tthe maximum monthly
City contribution for dental insurance for the Delta Care HMO plan shall be
as follows 1) employee only ("EE") - $25 77, 2) employee plus one
dependent ("EE + 1") - $43.81, 3) employee plus two or more dependents
("EE + 2") - $67.00.
c Ocean Lifeguard Specialist Contributions — Employees in this classification
shall receive a prorated, seventy-five percent (75%) amount of the City's
maximum employer contribution rate, up to but not exceeding the premium,
as established for full-time employees
3 Retiree (Annuitant) Coverage
As required by the Government Code, retired employees (annuitants) shall have
available the ability to participate in the PEMHCA program The City s
requirement to provide retirees and/or annuitants medical coverage is solely
governed by the Government Code that requires the City to extend this benefit
to retirees (annuitants) While the City is contracted with CalPERS to participate
in the PEMHCA program. CalPERS shall be the sole determiner of eligibility for
retiree and/or annuitant to participate in the PEMHCA program
a City Contribution (Unequal Contribution Method) for Retirees
As provided by the Government Code and the CalPERS Board, and
requested by the Association. the City shall use the Unequal Contribution
Method to make City contributions on behalf of each retiree or annuitant The
starting year for the unequal contributions method is 2004 at$1 00 per month
The City contribution for each annuitant shall be increased annually by five
percent (5%) of the monthly contribution for employees. until such time as the
contributions are equal The Service Credit Subsidy will be reduced every
January 1s' by an amount equal to any required amount to be paid by the City
on behalf of the retiree (annuitant) The City shall make these payments only
while the City is a participant in the PEMHCA program
b Termination of Participation in the CalPERS PEMHCA Program — Impact to
Retirees
The City's requirement to provide retirees (annuitants) medical coverage is
solely governed by the Government Code requirement that PEMHCA
agencies extend this benefit to retirees (annuitants) If by agreement
between the Association and the City or if the City elects to impose
termination of its participation in the PEMHCA program retirees (annuitants)
shall no longer be eligible for City provided medical insurance.
In the event that the City terminates its participation in the PEMHCA program
the retiree medical subsidy program in place in Resolution No 2000-123
133
MS"MOU ApAqVriyM 1. 2022%—WNh DecernbW 31.20L4449 14
MARINE SAFETY MANAGEMENT ASSOCIATION
Exhibit D to the Memorandum of Understanding shall be reinstated The City
shall make any necessary modifications to conform to the new City sponsored
medical insurance plan
4 Additional Costs for Participation in the PEMHCA Program
a Retiree and/or Annuitant Coverage
The Association shall pay to the City an amount equal to $1 .00 per month for
each additional retiree and/or annuitant in the bargaining unit who elects to
participate in the PEMHCA plan but is not participating in the City sponsored
retiree medical program as of the beginning of a pay period after the
PEMHCA program is in place
Each January 151 the amount per month paid to the City for each retiree and/or
annuitant described above shall increase by the amount PEMHCA requires
the City to pay on behalf of each retiree (annuitant) Article IX A 3 a provides
an example of expected payments per retiree or annuitant per month
In the event of passage of State Legislation. Judicial Rulings. or CaIPERS
Board Actions that increases the mandatory minimum monthly contribution
for retirees (annuitants), the Association shall pay an equal amount to the
City.
Payments shall be made the first of the month (following implementation) If
the Association fails to make timely payments for two consecutive months.
the City shall implement a decrease in the supplemental benefit contribution
to health insurance for each unit employee by an amount equal to the total
increased cost paid by the City [For example, if the increased cost for
retirees equals $6.000 per year. the monthly supplemental benefit for each
employee will be decreased as follows $6,000 divided by twelve (months) =
$500. which is then divided by the number of employees receiving
supplemental benefits)
b Termination Clause
The City and Association may each request termination of the City's contract
with CaIPERS after the announcement of State Legislation. Judicial Rulings,
or a CalPERS Board Action that changes the employers contribution,
insurance premiums or program changes to the CalPERS medical plan
The City and Association may elect to terminate its participation in the
CalPERS PEMHCA program by mutual agreement through the meet and
confer process between the Association and the City
B Medical Cash-Out
134
MSMA MOU AAMIg01&U 1,202246—Momh D ember 31,20&444 15
MARINE SAFETY MANAGEMENT ASSOCIATION
If an employee is covered by a medical program outside of a City-provided program
(evidence must be supplied to the Human Resources DLvisionepaMrent). the
employee may elect to discontinue City medical coverage and receive three hundred
twenty two dollars and sixty one cents (S 322 61) brweekly to deposit into a deferred
compensation account or any other pre-tax program offered by the City, so long as
the contribution is in accordance with applicable Internal Revenue Code of
regulations
C Section 125 Employee Plan
The City shall provide an Internal Revenue Code section 125 employee plan that
allows employees to use pre-tax salary to pay for regular childcare. adult dependent
care and/or unreimbursed medical expenses as determined by the Internal Revenue
Code
D. Life and Accidental Death and Dismemberment (AD&D) Insurance Coverage
The City will provide fifty thousand dollars ($50.000) of term life insurance and fifty
thousand dollars ($50.000) of AD&D insurance coverage for each employee at the
City cost, without evidence of insurability other than evidence of full—time
employment status Optional insurance is available at the employee's own cost
135
MSMA MOU AAM"ffidn 1,202JU-MwRJ�KQ�r 31,20L4U 16
MARINE SAFETY MANAGEMENT ASSOCIATION
E. Long Term Disability Insurance
1. The exisfing long leFm disability PFOgFaFA PF8vided to emplayees by the City shall
paned'-This program provides, for each incident of illness or injury, a waiting
period of thirty (30) calendar days, during which the employee may use
accumulated sick leave, general leave pay, or the employee may elect to be in
an unpaid status. Subsequent to the thirty (30)day waiting period, the employee
will be covered by an insurance plan paid for by the City which will provide 66
2/3% of the employee's salary rate (excluding overtime and any special pay) up
to a maximum of$10,000 a month in accordance with the following:
Disability Due to Disability Due to
Accident Illness
First 3060 Calendar Regular Pay Regular Pay
Days
Next 24 Calendar 66 2/3% of Base Pay 66 2/3% of Base Pay
Months
To age 65 166 2/3% of Base Pay I None
2. The LTD Plan is integrated with Workers' Compensation, Social Security and
other non-private program benefits to which the employee's entitled.
3. Disability is defined as the inability to perform all of the duties of the employee's
regular occupation during two (2) years and thereafter the inability to engage in
any employment or occupation for which he/ske-isthev are fitted by reason of
education, training or experience.
4. The LTD Plan provides for a Survivors' benefit payment for three (3) months
beyond the employee's death.
5. The terms and conditions of the disability insurance coverage are set forth in the
policy, a copy of which is on file in the Human Resources Bepa#RwPI- Oeffice.
In the event of any conflict between the policy and this article, the policy shall
control. The City may change insurance companies, policies, or self-insure this
benefit, provided that the plans shall remain comparable to that currently in
effect.
136
MSMA MOU AW14"a as 1,20U40-MwMQ200h2L31,20?&U 17
MARINE SAFETY MANAGEMENT ASSOCIATION
ARTICLE X _ RETIREMENT
A CaIPERS Safety Classic Member" Retirement Benefits
1 CalPERS Safety Classic Member Retirement Formula
The City shall provide all safety 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 "3% @ age 50 plan"
which is based on the retirement formula as set forth in California Public
Employees Retirement Law (PERL) Section 21362.2 of the California
Government Code.
2 CalPERS Safety Classic Member' Final Compensation
The City shall contract with PERS to have retirement benefits calculated based
on the employees highest one year's compensation. pursuant to the provisions
in California Public Employees Retirement Law (PERL) Section 20042 of the
Government Code Final Compensation — One Year — Local Member
3 CalPERS Safety "Classic Member" Contribution
a All "classic members shall pay theirte CaIPERS
memberretamemnw; contribution of nine percent (9%) of peas~eaable
compensation earnable
a
4 CaIPERS Safety "Classic Member' Cost Sharing
a Effective the beginning of the pay period including January 1. 2023, classic
member shall cost share two percent (2%) compensation earnable in
accordance with Government Code section 20516(f).
b Effective the beginning of the pay period including January 1, 2024, classic
member shall cost share an additional one percent (2%) compensation
earnable in accordance with Government Code section 20516(f), for a total
cost share of four percent (4%)
B CalPERS Safety 'New Member Retirement Benefits
The City shall provide for New Members" within the meaning of the California Public
Employees Pension Reform Act (PEPRA) of 2013 as defined in California
Government Code Section 7522 04(f)
1 CalPERS Safety New Member' Retirement Formula
MSIAA MOU Ap*"nM 1,20"14r MarcAp9semGf 31.20214 18
MARINE SAFETY MANAGEMENT ASSOCIATION
The City shall provide the 2.7% @ Age 57 retirement formula set forth in
California Government Code Section 7522 25(d)for all safety employees defined
as "new members" per the Public Employees Pension Reform Act (PEPRA) of
2013 represented by the Association
2 CalPERS Safety New Member Final Compensation
Final compensation for new members" 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. as required by California
Government Code Section 7522.32(a).
3 CalPERS Safety New Member' Retirement Contribution
Effective October 1 , 2013, new members" as defined by PEPRA shall contribute
one half of the normal cost rate, as established by CalPERS
4 CalPERS Safety "New Member" Cost Sharing
a Effective the beginning of the pay period including January 1 , 2023, "new
members' safety members shall pay at least thirteen percent (13%) of
pensionable compensation as their retirement contribution If the required
contribution per PEPRA (half the normal cost) is less than thirteen percent
(13%), employees shall pay the difference between the required PEPRA
contribution and thirteen percent (13%) as cost sharing per Government
Code section 20516(f) If the required PEPRA contribution is at least thirteen
percent (13%) or more, "new members- safety members will pay the required
PEPRA contribution
C The City has adopted the CalPERS Resolution in accordance with IRS Code section
414(h)(2) to ensure that 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
D Self-Funded Supplemental Retirement Benefit
In the event an employee elects Option W. Option #2. #2W Option #3. #3W or
Option #4 of the Public Employees' Retirement Law. and the employee is a unit
employee who was hired before November 2. 1998 the City shall pay the difference
between such elected option and the unmodified allowance which the employee
would have received for his or her life alone as provided in California Government
Code Sections 21455. 21456. 21457. and 21458 as said referenced Government
Code sections exist as of the date of this agreement This payment shall be made
only to the employee, shall be payable by the City during the life of the employee
and upon that employees death the City's obligation shall cease The method of
funding for this benefit shall be at the sole discretion of the City. This benefit is
138
MSMA MOU APAgAnyary 1.MNU-Mam$�DeCMnbor 31,20240 19
MARINE SAFETY MANAGEMENT ASSOCIATION
vested for employees hired before November 2. 1998 All unit employees hired on
or after November 2 1998 shall not be eligible for this benefit
E Health Savings Account for Post Retirement Medical Benefits
The City shall implement a voluntary health savings account plan during the term of
the agreement for the purpose of allowing employees the opportunity to fund post
medical retirement health premiums
F Pre-Retirement Optional Settlement 2 Death Benefit
The City provides its safety employees Pre-Retirement Optional Settlement 2 Death
Benefit
G 1959 Survivors Benefit Level IV
Members of the City safety retirement plan shall be covered by the Fourth Level
of the 1959 Survivor Benefit
H Medical Insurance for Retirees
As required by the Government Code while the City is contracted with CalPERS to
participate in the Public Employees Medical and Hospital Care Act (PEMHCA)
program, retired employees (annuitants) shall have available the ability to participate
in the PEMHCA program CalPERS shall be the sole determiner of eligibility for
retiree (annuitant) to participate in the PEMHCA program
ARTICLE XI - LEAVE BENEFITS
A General Leave
The provisions on General Leave set forth below shall go into effect in the pay period
including January 1 2022 Prior to the effective date of General Leave members of the
Association earned vacation Employees' vacation balances carry over past the
effective date of General Leave Although employees no longer earn vacation they
may use their vacation and shall be cashed out of any vacation balances at separation
as provided herein
1 Purpose - General Leave may be used for any purpose. including vacation, sick
leave, and personal leave
2 Anniversary Date - For the purpose of computing General Leave, an employees
anniversary date shall be the most recent date on which they commenced full-
time City employment, unless otherwise provided in writing by agreement
between the City and the employee upon initial hire or re-hire
»y _
MSMA MOU APAYMmM 1,202236-MONAQK2MhjL31,2021M 20
MARINE SAFETY MANAGEMENT ASSOCIATION
3 Accrual — Employees shall accrue General Leave at their appropriate assigned
work schedule rate, either forty (40) hour or (30) hour workweek for Ocean
Lifeguard Specialist
Employees shall accrue annual General Leave with pay in accordance with the
following
General Leave General Leave
Years of Service Accrual Accrual
40-Hour Rate 30-Hour Rate
First through Fourth Year 176 Hours 132 Hours
Fifth through Ninth Year 200 Hours 150 Hours
Tenth through Fourteenth Year 224 Hours 168 Hours
Fifteenth Year and Thereafter 256 Hours 192 Hours
4 Eligibility and Approval
General Leave must be pre-approved, except for illness injury, or family sickness
which may equire a physicians statement for approval Accrued General Leave
may not be taken prior to six (6) months service except for illness inwry or family
sickness 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
General Leave accumulated in excess of six hundred forty (640) hours shall be paid
at the base hourly rate of pay. on the first pay day following such accumulation
Employees may not use their General Leave to advance their separation date on
retirement or other separation from employment
5 Leave Conversion to Cash — During Calendar Year 2022 an employee may elect
to cash out up to one-hundred and twenty (120) hours of accrued vacation leave
and/or general leave at their current regular rate of pay
On or before the beginning of the pay period which includes December 15 of each
calendar year beginning in December 2022, an employee may make an irrevocable
election to cash out up to one hundred and twenty (120) hours of accrued General
Leave. which will be earned in the following calendar year at the employee's regular
rate of pay The employee can elect to receive up to sixty (60) hours of General
Leave cash out in the pay period that includes July 15 The employee shall receive
any remaining General Leave cash out to which they irrevocably elected to cash
out in the pay period that includes December 1 However, if the employee's
General Leave balance is less than the amount the employee elected to cash out
(in the prior calendar year) the employee will receive cash for the amount of leave
the employee has accrued at the time of the cash out
14C
MSMA MOU AWUjanuan 1.202216-Masco December 31. 202418 21
MARINE SAFETY MANAGEMENT ASSOCIATION
6 Deferred Compensation/Leave Cash Out — The value of any unused earned
General Leave or previously accrued vacation may be transferred to deferred
compensation at the regular rate of pay in connection with separation from
employment. but only during the time the employee is actively employed with the
City. The employee must request the transfer no later than the pay period prior to
the employee's last day of employment.
7_-Pay-Off at Separation from Employment
Upon separation from employment, the employee shall receive compensation at
their current regular rate of pay for all unused, earned general leave or previously
accrued vacation to which they are entitled up to and including the effective date
of their separation from employment.
A-.B Vacation
1. Accrual: Effective January 1, 2022, employees shall no longer accrue
vacation leave.
feuowfag:
44o 4 u
a36—hours
46A- burs
a 92-hours
2 Eligibility and Permission:
a
above.
e- No employee shall be permitted to take a vacation in excess of actual time earned
and vacation shall not be accrued in excess of three hundred twenty (320) hours.
Vacations shall be taken only with permission of the Marine Safety Division Cshief
or designee P121paqMORt Head, however, the Marine Safety Division Chief or
designee DepaFtmeRt Head .shall schedule all vacations with due consideration for
the wish of the employee and particular regard for the need of the department.
141
MSMA MOU ApfWa�ua 1, 202216-Uwr h-December 01,202418 22
MARINE SAFETY MANAGEMENT ASSOCIATION
aGGFUeEJVaGatC)RiRI-0--' Qft'FnPA# It is the intent e-$ the paMeG that empleyees will
a. Pay Q#at Sell #GM ERIPkWAIE144
4ec,ewe
&C Sick Leave
Full-time employees hired on or before the pay period following Council approval of this
2022-2024 MOU will receive a one-time Sick Leave bank totaling 96 hours Once this
Sick Leave bank is fully used employees will no longer receive Sick Leave only
General Leave as described above
This one-time bank may not be cashed out at any time, nor, upon separation from
employment, transferred to deferred compensation and/or a qualified medical
retirement trust program.
D Family Leave Benefit Entitlements
. Aall employees will be allowed to use up to
(sixty) 60 hours per calendar year to care for a child, parent, spouse. or registered
domestic partner during illness This paragraph will continue in its current form so long
as any other unit receives it. and will sunset in the same calendar year if eliminated as
a result of contract negotiations
142
MSMAMOU Ap4WAnV v1,2022U-Mamh DK4,mber 31,2011M 23
MARINE SAFETY MANAGEMENT ASSOCIATION
The City will provide family and medical care leave for eligible employees that meet all
requirements of State and Federal law Rights and obligations are set forth in the
Department of Labor Regulations implementing the Family Medical Leave Act (FMLA),
and the regulations of the California Fair Employment and Housing Commission
implementing the California Family Rights Act (CFRA)
The City shall comply with all State and Federal leave benefit entitlement laws An
employee on an approved leave shall be allowed to use paid sick leave and earned
vacation. and/or compensatory time for the duration of the approved leave
E Bereavement Leave
Employees shall be entitled to bereavement leave not to exceed three (3)work shifts
in each instance of death in their immediate family. Immediate family is defined as a
parent, sibling, spouse registered domestic partner, child grandparent grandchild or
wards of which the employee is the legal guardian, recognizing all birth, marital, and
other legal ties (i e , step relatives, in-laws, etc )
stepbF91theFG. Fnetheir in law, fatheF in IaW. 6GR iR law, daughtei: in law, bFG11118F IR law,
that the employee 16 aGtively empleyed with the City The employee MUM FeqUe6t the
G-F Voluntary Catastrophic Leave Donation Program
Under certain conditions, employees may donate leave time to another employee in
need The program is outlined in Exhibit E of this Memorandum of Understanding
ARTICLE XII - CITY RULES
All City Personnel Rules shall apply to Association members however to the extent this
MOU modifies the City s Personnel Rules. the Personnel Rules as modified will apply to
Association members
ARTICLE XIII - MISCELLANEOUS
143
MSMA MOU A'M"nuM 1,20jph MraRDmimtt 31,20� 24
MARINE SAFETY MANAGEMENT ASSOCIATION
A Salary Upon Appointment
When an appointment of a recurrent lifeguard to the classification of Ocean Lifeguard
Specialist or Marine Safety Captain Ala,a+--Safet-_8ffGer occurs the salary step upon
appointment shall be determined in the same manner as salary step upon promotions
under the City's Personnel Rules
B Physical Examinations
The City agrees to pay for bi-annual physical examinations. to include stress EKG, when
authorized by the Department Head. with the understanding that results thereof may be
utilized for the determination of the employee's continued ability to perform duties of the
position A copy of the physical examination shall be provided to the employee upon
request
C Conditioning Time
Unit employees may be allowed up to one (1) hour on each regularly scheduled shift to
be used for physical conditioning
D. 1 ,500 Hour Recurrent Employees
There is a fifteen hundred (1 .500)
work hour per year for non449MSMA positions subject to official change in Personnel
Rules 5-24
E Collection of Payroll Overpayments
In the event that a payroll overpayment is discovered and verified. and considering all
reasonable factors including the length of time that the overpayment was made and if
and when the employee could have reasonably known about such overpayment. the
City will take action to collect from the employee the amount of overpayment(s) Such
collection shall be processed by payroll deduction over a reasonable period of time
considering the total amount of overpayment
In the event the employee separates from employment during the collection period, the
final amount shall be deducted from the last payroll check of the employee If
applicable. the balance due from the employee shall be communicated upon
employment separation if the last payroll check does not sufficiently cover the amount
due the City
144
MSMAMOU APOQtnuM 1. 202214-MarcbOec�twr 31,20&!j4 25
MARINE SAFETY MANAGEMENT ASSOCIATION
It shall be the responsibility of the employee and the City to periodically monitor the
accuracy of compensation payments or reimbursements due to the possibility of a
clerical oversight or error The City reserves the right to also collect compensation over
payments caused by or the result of misinterpretation of a pay provision by non-
authorized personnel. The interpretation of all pay provisions shall be administered by
the City Manager or designee. Unauthorized compensation payments shall not
constitute a past practice
F Grievance Hearing Cost Sharing
Grievance hearing costs shall be shared equally by the City and the Association The
parties agree that under no circumstances shall the grievant(s) be required to pay any
part of the grievance hearing costs
G Personnel Rule 19 Modification
City and Association agree to implement Personnel Rule 19 modifications as provided
in Exhibit D attached hereto and incorporated by reference.
H Update Employee-Employer Relations Resolution (EERR)
During the term of the Agreement. the City and the Association agree to meet and confer
to update the Employee-Employer Relations Resolution to reflect current state law
I Modified Return to Work Policy
The City and the Association agree to meet and confer during the term of the Agreement
to establish a modified return to work policy for employees who experience industrial or
non-industrial illness and/or injury
J Controlled Substance and Alcohol Testing
The City maintains the right to conduct a test during working hours of any employee
that it reasonably suspects is under the influence of alcohol or a controlled substance
in the workplace. consistent with department policy
135
MSMA MOU Ap0Q1Mj ly 1,20JI46r M-Nh 1.)K m"r 31,20L4Ni 26
MARINE SAFETY MANAGEMENT ASSOCIATION
ARTICLE XIV - CITY COUNCIL APPROVAL
It is the understanding of the City and the Association that this Memorandum of
Understanding is of no force or affect whatsoever unless and until adopted by Resolution
of the City Council of the City of Huntington Beach
IN WITNESS WHEREOF the parties hereto have executed this Memorandum of
Understanding this day of 2016
HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH MARINE SAFETY MANAGEMENT
A Municipal Corporation ASSOCIATION
By By
FFed—A 1A.hInn +Oliver Chi sterling Foxcroft
City Manager MSMA President
By By
Kea BemefTravis Hopkins AAike ReweNTrevor McDonald
Assistant City Manager $a6+ae66 AgeatMSMA Vice President
By 8y-
AiliGhele Oki rrenBnttany Mello ChF16 GiiaFke
Interim Administrative Services
Director
By.
Daw SegucaScott Haberle
Fire Chief
Mike Sawmgaataef
APPROVED AS TO FORM
By:
Sandy kleadersea Michael E. Gates
City Attorney
MSMA MOU AWAY n ry 1,207146-14nRQg0MpL31,20210 27
MARINE SAFETY MANAGEMENT ASSOCIATION
EXHIBIT A- MSMA SALARY SCHEDULE
Marine Safety Management Asseciation
Safaq-SGhodule
0
Jab psy
coda Ctassitioatlaw Grads A a c a a
0467 Marlm Wely GffiGw4 MSM467 32-09 3" 36.62 38:63 49,76
04" MaAA0 SaWY QffiGeF 11 MSM466 37-.26 36:34 44-47 43a6 4"
9496 MSM4N 1 4440 4" 14642 14049 6a-4
2 ab
Job Pay
Coda Classwwatien Grade A a c D 6
9467 MSA4467 22 56 35 38 37 35 39 49 41 56
9466 MSM468 38 94 4949 42.39 44.64 47$8
9445 MSM396 1 42- 4 1 44-" 1 47-- 69-96 62-82
Effective the Beginning of the Pay Period Including January 1, 2022
Job Descricdon Ra ue A B C ]aB E 2
0618 Ocean Lifeguard 161 2752 28.90 30.34 31.86 33.45 35.13 36.88
Specialist — —
0468 Marine Safety Captain 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72
Marine Safety
0105 226 52_55 55_18 57.94 60.83 63.88 67.07 70.42
Battalion Chief —
147
MSMA MOU AOAYUMM 1, 202246--MwroM 31,202¢18 28
MARINE SAFETY MANAGEMENT ASSOCIATION
EXHIBIT B — SERVICE CREDIT SUBSIDY PLAN
An employee who has retired from the City and meets the plan participation requirements
shall receive a monthly Service Credit Subsidy to reimburse the retiree for the payment of
qualified medical expenses incurred for the purchase of medical insurance
Plan Participation Requirements
1 At the time of retirement, the employee has a minimum of ten (10) years of continuous
regular (permanent) City service or is granted an industrial disability retirement. and
2 At the time of retirement, the employee is employed by the City; and
3 Following official separation from the City, the employee is granted a retirement
allowance by the California Public Employees Retirement System (CaIPERS)
The City s obligation to pay the Service Credit Subsidy as indicated shall be modified
downward or cease during the lifetime of the retiree upon the occurrence of any one of
the following
a During any period the retired employee is eligible to receive or receives medical
insurance coverage at the expense of another employer, the payment will be
suspended "Another employer as used herein means private employer or public
employer or the employer of a spouse As a condition of being eligible to receive
the Service Credit Subsidy as set forth in this plan. the City shall have the right to
require any retiree to annually certify that the retiree is not receiving or eligible to
receive any such medical insurance benefits from another employer
If it is later discovered that a misrepresentation has occurred, the retiree will be
responsible for reimbursement of those amounts inappropriately expended and the
retirees eligibility to receive further benefits will cease.
b On the first of the month in which a retiree or dependent reaches age sixty five (65)
or on the date the retiree or dependent can first apply and become eligible,
automatically or voluntarily, for medical coverage under Medicare (whether or not
such application is made) the City's obligation to pay Service Credit Subsidy may be
adjusted downward or eliminated
c In the event of the death of an eligible employee. whether retired or not the amount
of the Service Credit Subsidy benefit which the deceased employee was eligible for
at the time of t1+i;A4ertheir death shall be paid to the surviving spouse or dependent
for a period not to exceed twelve (12) months from the date of death
4 Minimum Eligibility for Benefits—With the exception of an industrial disability retirement,
eligibility for Service Credit Subsidy begins after an employee has completed ten (10)
years of continuous regular(permanent) service with the City of Huntington Beach Said
service must be continuous unless prior service is reinstated at the time of t wA;ertheir
rehire in accordance with the City Personnel Rules
148
MSMA MOU AyrllJjayU 1,20,U%-Marta DKombar 31.201JU 29 - - �-
MARINE SAFETY MANAGEMENT ASSOCIATION
EXHIBIT B — SERVICE CREDIT SUBSIDY PLAN
To receive the Service Credit Subsidy retirees are required to purchase medical
insurance from City sponsored plans The City shall have the right to require any retiree
(annuitant) to annually certify that the retiree is purchasing medical insurance benefits
5 Disability Retirees - Industrial disability retirees with less than ten (10) years of service
shall receive a maximum monthly payment toward the premium for health insurance of
one hundred twenty dollars ($120) Payments shall be in accordance with the
stipulations and conditions, which exist for all retirees
6 Service Credit Subsidy — Payment shall not exceed dollar amount, which is equal to the
qualified medical expenses incurred for the purchase of city sponsored medical
insurance.
7 Maximum Monthly Service Credit Subsidy Payments - All retirees. including those
retired as a result of disability whose number of years of service prior to retirement
exceeds ten (10), continuous years of regular (permanent) service shall be entitled to
maximum monthly Service Credit Subsidy by the City for each year of completed City
service as follows.
Maximum Service Credit Subsidy Retirements After
Service Credit
Years of Service Subsidy
10 $ 120
11 135
12 150
13 165
14 180
15 195
16 210
17 225
18 240
19 255
20 270
21 285
22 299
23 314
24 329
25 344
The Service Credit Subsidy will be reduced every January 1st by an amount equal
to any required amount to be paid by the City on behalf of the retiree (annuitant)
Article IX A 3 a provides an example of expected reductions per retiree per
month.
8. Medicare
149
MSMA MOU AP*"aUU 1,202244--MMR S1,20210 30 -�— --- - -
MARINE SAFETY MANAGEMENT ASSOCIATION
EXHIBIT B — SERVICE CREDIT SUBSIDY PLAN
a All persons are eligible for Medicare coverage at age sixty-five (65) Those
with sufficient credited quarters of Social Security will receive Part A of
Medicare at no cost Those without sufficient credited quarters are still
eligible for Medicare at age sixty five (65). but will have to pay for Part A of
Medicare if the individual elects to take Medicare In all cases, the participant
pays for Part B of Medicare
b When a retiree and h+slheftheir spouse are both sixty-five (65) or over, and
neither is eligible for paid Part A of Medicare. the Service Credit Subsidy
shall pay for Part A for each of them or the maximum subsidy, whichever is
less
c When a retiree at age sixty-five (65) is eligible for paid Part A of Medicare
and 14+64:*rtheir spouse is not eligible for paid Part A of Medicare, the spouse
shall not receive the subsidy When a retiree at age sixty-five (65) is not
eligible for paid Part A of Medicare and 046A4efYheir spouse who is also age
sixty-five (65) is eligible for paid Part A of Medicare. the subsidy shall be for
the retiree's Part A only.
9 Cancellation
a For retirees/dependents eligible for paid Part A of Medicare, the following
cancellation provisions apply
i Coverage for a retiree under the Service Credit Subsidy Plan will be
eliminated on the first day of the month in which the retiree reaches
age sixty-five (65).
ii At age sixty-five (65) retirees are eligible to make application for
Medicare Upon being considered eligible to make application.
whether or not application has been made for Medicare. the Service
Credit Subsidy Plan will be eliminated
150
MSMA MOU AyAYAMU y 1,202j1F NNFGh-DV.VnbK 31,20Z+U 31
MARINE SAFETY MANAGEMENT ASSOCIATION
EXHIBIT C - MODIFICATIONS TO EMPLOYEE-EMPLOYER RELATIONS RESOLUTION
A Employer-Employee Relations Resolution
1 Modification of Section 7 - Decertification and Modification
a) The City and the Association desire to maintain labor stability within the
representational unit to the greatest extent possible consistent with the employee's
right to select the representative of his or her own choosing For these purposes, the
parties agree that this Agreement shall act as a bar to appropriateness of this unit
and the selection of the representative of this unit except during the month of August
prior to the expiration of this Agreement Changes in bargaining unit shall not be
effective until expiration of the MOU, except as may be determined by the Personnel
Commission pursuant to the procedures outlined below This provision shall modify
and supersede the time limits, where inconsistent. contained in Section 7 of the
current Employer-Employee Relations Resolution of the City of Huntington Beach
b) The City and the Association have agreed to a procedure whereby the City, by and
through the Administrative Services Director. would be entitled to
propose a Unit Modification. The Association and the City agree to jointly
recommend a modification of the City of Huntington Beach Employer-Employee
Relations Resolution (Resolution Number 3335) upon the City s having completed
its obligation to meet and confer on this issue with all other bargaining units
The proposed change to the Employer-Employee Relations Resolution is as follows.
7-3 Personnel Direction Motion of Unit Modification - The W-MRa
R496earee6Administrative Services Director may propose. during the same period for
filing a Petition for Decertification, that an established unit be modified in accordance
with the following procedure
1) The Administrative Services Director shall give written notice
of the proposed Unit Modification of Modifications to all employee organizations
that may be affected by the proposed change Said written notification shall
contain the Administrative Services Director rationale for the
proposed change including all information which justifies the change pursuant to
the criteria established in Section 6-5 for appropriateness of Units Additionally.
the Administrative Services Director shall provide all affected
employee organizations with all correspondence, memoranda, and other
documents which relate to any input regarding the Unit Modification which may
have been received by the City or from affected employees and/or sent by the
City to affected employees,
2) Following receipt of the 01111MR11 ReseumelsAdministrative Services Director
Proposal for Unit Modification any affected employee organization shall be
afforded not less than thirty (30) days to receive input from its members regarding
the proposed change and to formulate a written and/or oral response to the
Motion for Unit Modification to the Personnel Commission.
,fi,
MSMA MOU APAWADMM 1,20J2W MwhD4K*fn er 31,2OL4Ni 32
MARINE SAFETY MANAGEMENT ASSOCIATION
EXHIBIT C — MODIFICATIONS TO EMPLOYEE-EMPLOYER RELATIONS RESOLUTION
3) The Personnel Commission shall conduct a noticed Public Hearing regarding the
Motion for Unit Modification at which time all affected employee organizations
and other interested parties shall be heard The Personnel Commission shall
make a determination regarding the proposed Unit Modification which
determination may include a granting of the motion. a denying of the motion. or
other appropriate orders relating to the appropriate creation of Bargaining Units
Following the Personnel Commission's determination of the composition of the
appropriate Unit or Units, it shall give written notice of such determination to all
affected employee organizations.
4) Any party who chooses to appeal from the decision of the Personnel Commission
is entitled to appeal in accordance with the provision of Section 14-4 of
Resolution Number 3335
B During the term of the agreement, the City and the Association agree to update the
Employee-Employer Relations Resolution to reflect current State law
152
MSMA MOU Apr4.1 nVM 1.202246-Mwsk Dec t)er 31,20L41i 33
MARINE SAFETY MANAGEMENT ASSOCIATION
EXHIBIT D — MODIFICATIONS TO PERSONNEL RULE 19
19-1 PURPOSE The purpose of this rule is to provide a means by which grievances
of employees or employee organizations may be considered. discussed and
resolved at the level closest to their point of origin The grievance procedure
provided for in this rule does not apply to the review of employee disciplinary
matters which subject is treated in Rule 20 hereof
19-2 DEFINITION For the purpose of this rule, a grievance is a dispute concerning
the interpretation or application of any provision of the city s Employer-Employee
Relations Resolution, or any provision of this resolution or any departmental rule
governing personnel practices or working conditions. with the exception of
matters excluded by Section 19-3
19-3 MATTERS EXCLUDED FROM GRIEVANCE PROCEDURE The following
subjects are excluded from the grievance procedure provided for herein.
(a) The review of employee disciplinary matters, which is treated in Rule 20
hereof
(b) All matters subject to impasse procedure, provided in the Employer-
Employee Relations Resolution
19-4 SUBMISSION OF GRIEVANCES Any individual employee or recognized
employee organization shall have the right to present a grievance
If two (2) or more employees have essentially the same grievance and report to
the same supervisor they may. and if requested to do so by the city, must jointly
or collectively present and pursue their grievance
If a grievance is alleged by three (3) or more employees, the group shall. at the
request of the city. appoint one of such employees to speak for the group
19-5 GRIEVANCE PROCEDURE The grievance procedure shall consist of the
following steps each of which must be completed prior to any request for further
consideration of the matter unless otherwise provided herein
Step 1 Informal Discussion (optional) If an employee feels that he has a
grievance. as defined in Section 19-2 he may request a meeting with his
immediate supervisor within ten (10) days after the employee becomes aware
or reasonably should have become aware of the subject matter of the grievance.
The immediate supervisor within ten (10) days of such request. shall meet with
the employee when so requested and discuss the grievance in an effort to clarify
the issue and work toward a cooperative settlement or resolution of the dispute
The immediate supervisor shall present. verbally or in writing, his decision to the
employee within ten (10) days from the time of the informal discussion
Step 2 Formal Procedure Immediate Supervisor If the grievance is not settled
through informal discussion, or if the employee elects not to invoke his right to
153
MSMA MOU APAYAM U 1,20,UW MWw►2ffdMhfL31,20j444 34
MARINE SAFETY MANAGEMENT ASSOCIATION
EXHIBIT D — MODIFICATIONS TO PERSONNEL RULE 19
informal discussion, the employee may formally submit a grievance to his
immediate supervisor within ten (10) days following the decision pursuant to
informal discussion. or in the event the employee does not elect to invoke his
right to informal discussion, within ten (10)days after the occurrence which gives
rise to the grievance or after the employee becomes aware or reasonably should
have been aware of the subject matter of the grievance Such submission shall
be in writing, stating the nature of the grievance and a suggested solution or
requested remedy Within ten (10) days after receipt of the written grievance.
the immediate supervisor shall meet with the employee Within ten (10) days
thereafter written decision shall be given the employee by the immediate
supervisor
Step 3 Department Head In cases where the department head is not the
immediate supervisor if the grievance is not settled under Step 2. the grievance
may be presented to the department head The grievance shall be submitted
within ten (10) days after receipt of the written decision from Step 2
Within ten (10) days after receipt of the written grievance, the department head
or his representative shall meet with the employee and his immediate
supervisorr if any Within ten (10) days thereafter written decision shall be given
to the employee
Step 4 City Manager If the grievance is not settled under Step 3 the grievance
may be presented to the City Manager in accordance with the following
procedure Within fifteen (15) days after the time the decision is rendered under
Step 3 above a written statement of the grievance shall be filed with the "I Maa
R66OUFGe6-Administrative Services Director who shall act as hearing officer and
shall set the matter for hearing within fifteen (15) days thereafter and shall cause
notice to be served upon all interested parties The Hufaaa
ReseafeesAdministrative Services Director. or his representative, shall hear the
matter de novo and shall make recommended findings conclusions and
decision in the form of a written report and recommendation to the City Manager
within ten (10) days following such hearing The City Manager may, in his
discretion, receive additional evidence or argument by setting the matter for
hearing within ten (10) days following his receipt of such report and causing
notice of such hearing to be served upon all interested parties
Within ten (10) days after receipt of report or the hearing provided for above, if
such hearing is set by the City Manager, the City Manager shall make written
decision and cause such to be served upon the employee or employee
organization and the Administrative Services Director
Step 5 Personnel Commission If the grievance is not settled under Step 4 it
may be appealed to the Personnel Commission for de novo hearing and final
determination in accordance with the following procedure
(a) Within ten (10) days after the time decision is rendered under Step 4 above.
a written statement of grievance shall be filed with the HumaR
15.4
MSMA MOU AOAyWj&U 1.20&ZW M-rcMO9combw 31.201Ni 35
MARINE SAFETY MANAGEMENT ASSOCIATION
EXHIBIT D — MODIFICATIONS TO PERSONNEL RULE 19
ReeedreesAdministrative Services Director Such statement of grievance
shall set forth in detail the nature of the grievance, the facts surrounding the
subject matter of the grievance the contentions of the employee and the
proposed solution or determination
(b) As soon as practicable thereafter. the Administrative
Services Director_shall set the matter for hearing before a hearing officer
either selected by mutual consent of the parties or from a list provided by the
Personnel Commission Ratification of the hearing officer selected by mutual
consent of the parties if from a list approved by the Personnel Commission.
shall not require separate approval or ratification by the Personnel
Commission. The hearing officer shall hear the case and make
recommended findings. conclusions and decision in the form of a written
report and recommendation to the Personnel Commission In lieu of the
hearing officer process. the Personnel Commission may agree to hear a
case directly upon submission of the case by mutual consent of the parties
19-6 SUPPLEMENTAL HEARING BY PERSONNEL COMMISSION
(a) The Commission may, in its sole discretion, after it has received the written
report and recommendation of the hearing officer. set the matter for private
hearing for the purpose of receiving additional evidence or argument In the
event the Commission sets a private hearing for such purpose. the Human
Reseurees-Administrative Services Director shall give written notice of such
to all parties concerned in such matter
(b) The Commission, following a consideration of the hearing officers written
report and recommendation and deliberation thereon and any supplemental
hearing before the Commission shall make findings conclusions and
decision which shall be final and binding on all parties and from which there
shall be no further appeal
19-7 GRIEVANCE DEPARTMENT HEAD Any department head who has a
grievance may present it to the City Manager for determination The City
Manager shall render a written decision to said department head within ten (10)
days after such submission. which decision may be appealed by the department
head to the Personnel Commission in accordance with Step 5 of Section 19-5
155
MSMA MOU APW4Wi yip 1,20U14&-MWroA 31,202J0 36
MARINE SAFETY MANAGEMENT ASSOCIATION
EXHIBIT E — VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
Guidelines
1 Purpose
The purpose of the voluntary catastrophic leave donation program is to bridge
employees who have been approved leave time to either return to work long-term
disability, or medical retirement Employees who accrue vacation. general leave
or compensatory time may donate such leave to another employee when a
catastrophic illness or injury befalls that employee or because the employee is
needed to care for a seriously ill family member The leave-sharing Leave Donation
Program is Citywide across all departments and is intended to provide an
additional benefit Nothing in this program is intended to change current policy and
practice for use and/or accrual of vacation. general. or sick leave
2 Definitions
Catastrophic Illness or Injury = A serious debilitating illness or injury, which
incapacitates the employee or an employee's family member
Family Member — For the purposes of this policy. the definition of family member
is that defined in the Family Medical Leave Act (child, parent, spouse or domestic
partner)
3 Eligible Leave
Accrued compensatory vacation or general leave hours may be donated The
minimum donation an employee may make is two (2) hours and the maximum is
forty (40) hours
4 Eligibility
Employees who accrue vacation or general leave may donate such hours to
eligible recipients Compensatory time accrued may also be donated An eligible
recipient is an employee who:
• Accrues vacation or general leave:
• Is not receiving disability benefits or Workers' Compensation payments. and
• Requests donated leave
ss
MSMA MOU ApW"BiMM 1. 20223E WFSWJ� ri 31.20LNi 37 --
MARINE SAFETY MANAGEMENT ASSOCIATION
EXHIBIT E — VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
5 Transfer of Leave
The maximum donation credited to a recipient's leave account shall be the amount
necessary to ensure continuation of the employee's regular salary during the
employee's period of approved catastrophic leave Donations will be voluntary.
confidential and irrevocable Hours donated will be converted into a dollar amount
based on the hourly wage of the donor The dollar amount will then be converted
into accrued hours based on the recipient's hourly wage An employee needing
leave will complete a Leave Request Form and submit it to the Department Director
for approval The department director will forward the form to Human Resources
for processing Human Resources. working with the department, will send out the
request for leave donations
Employees wanting to make donations will submit a Leave Donation Form to the
Finance Department (City payroll)
All donation forms submitted to payroll will be date stamped and used in order
received for each bi-weekly pay period Multiple donations will be rotated in order
to insure even use of time from donors Any donation form submitted that is not
needed will be returned to the donor
6 Other
Please contact the Human Resources DrvisionepaAMOR II on questions regarding
employee participation in this program
157
MSMA MOU APAYInuft 1,2022U-UW*k9 L71,202&U 38
MARINE SAFETY MANAGEMENT ASSOCIATION
EXHIBIT E - VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
Voluntary Catastrophic Leave Donation Program
Leave Request Form
According to the provisions of the Voluntary Catastrophic Leave Donation Program. I hereby request
donated vacation. general leave or compensatory time.
MY SIGNATURE CERTIFIES THAT
• A leave of absence in relation to a catastrophic illness or injury has been approved by my
department: and
• I am not receiving disability benefits or Workers' Compensation payments
ame: (Please Print) - -
ork Phone: partment:
b Title: mployee ID+�:
Requester Signature Date
Department Director Signature of Support Date
Human Resources Department Division use only
End donation date will bridge to End donation date
❑ Long Term Disability
❑ Medical Retirement beginning
❑ Length of FMLA leave ending
❑ Return to work
Administrative Services Director or Date signed
i
Designee Signature
Plea"submltthis form to the Human Resources Ooffice for processing.
158
NSYA YOU ApMl"Maa 1,202244-MWOMMgMilil 202*0 39
MARINE SAFETY MANAGEMENT ASSOCIATION
EXHIBIT E — VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
Voluntary Catastrophic Leave Donation Program
Leave Donation Form
Donor, please complete
nor Name: (Please Print or Type:Last, First, MI)
ork Phone:
nor Job Title:
Type of Accrued Leave: umber of Hours I wish to Donate.
El Vacation Hours of Vacation
[] Compensatory Time Hours of Compensatory Time
r General Leave Hours of General Leave
I understand that this voluntary donation of leave credits, once processed, is irrevocable,
but if not needed, the donation will be returned to me I also understand that this donation
will remain confidential.
I wish to donate my accrued vacation, comp or general leave hours to the Leave Donation
Program for:
Eligible recipient employee's name (Last, First, Mp:
Donor Signature: Date:
Please submit to Payroll in the Finance Department.
159
MSMA MOU ArAy00y=1.20jZ3F Mwh- ]7,N&JU 40
Moore, Tania
From: Fikes, Cathy
Sent: Tuesday, November 30, 2021 8:47 PM
To: Agenda Alerts
Subject: FW: Various 1210112021 Agenda Items: Failure to Adhere to the Mandates of HBMC
2.70
From: Gino J. Bruno <gbruno@socal.rr.com>
Sent: Tuesday, November 30, 2021 8:39 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Cc: Chi, Oliver<oliver.chi@surfcity-hb.org>; Hopkins, Travis<thopkins@surfcity-hb.org>; Gates, Michael
<M ichael.Gates@surfcity-hb.org>
Subject: Various 12/01/2021 Agenda Items: Failure to Adhere to the Mandates of HBMC 2.70
Council members
Once again the administration of our City government has extended its collective middle finger at the mandates
of our Municipal Code-required Openness In Labor Negotiations (HBMC §2.70), and refuse to comply with its
requirements
At the Special Meeting of our City Council scheduled for tomorrow (Wednesday. December 1st), in an obvious
effort to obfuscate transparency and public participation by holding a meeting in the early afternoon (2:0o p.m.)
when most folks are trying to earn a living during these difficult times. and when at least one Council member
cannot attend because, unlike other Council members, he is trying to run a business that actually has a payroll.
the City Council is expected to approve union contracts with:
• Management Employees Organization (MEO),
• Marine Safety Management Association (MSMA), and
• Police Management Association (PMA)
Mr Chi and his staff have refused and neglected to post publicly each and all of the various offers and counter-
offers that culminated in the respective MOUs as required by the codified Openness In Labor Negotiations
ordinances cited above
Instead. the City Manager and the Assistant City Manager negotiated' these deals behind closed doors
secretly The public is not to know anything about the deals until they are presented to the Council for
approval and adoption
If you want to see an example of how the "openness in labor negotiations" should have been done to comply
with Code, with public disclosures of offers and counter-offers. and made publicly available, see
https iiwww huntingtonbeachca govlgovernment/transparency hbopen-hbfa cfm
Respectfully. SUPPLEMENTAL
COMMUNICATION
Gino J Bruno
Huntington Beach Masi Dee: �
Apende lem No: "