HomeMy WebLinkAboutCity Council - 2021-68 RESOLUTION NO. 2021-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE
HUNTINGTON BEACH FIREFIGHTERS'ASSOCIATION (HBFA)
AND THE CITY FOR JULY 1, 2021 THROUGH DECEMBER 31, 2023
The City Council of the City of Huntington Beach does hereby resolve as follows:
The Memorandum of Understanding between the City of Huntington Beach and the
Huntington Beach Firefighters' Association (HBFA) a copy of which is attached hereto as
Exhibit"A" and by reference made a part hereof, is hereby approved and ordered implemented
in accordance with the terms and conditions thereof, and the City Manager is authorized to
execute this Agreement. Such Memorandum of Understanding shall be effective for the term of
July 1, 2021 through December 31, 2023.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 0/sr day of /) n, , 2021.
D AND AP VVEED ,
Mayor
nityyManager
APPROVED AST ORM
City Attorney ,
INITIATED AND APPROVED
Director of Administrative Services
21-10697/271729
ResDILtt)rn Ald Z02i- (os
,(=Xh/h,f 'A '
Memorandum of Understanding
Between
The Huntington Beach
Firefighters' Association
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And
The City of Huntington Beach
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July 1 , 2021 through December 31 , 2023
TABLE OF CONTENTS
ARTICLE 1—REPRESENTATIONAL UNIT/CLASSIFICATIONS....................................................................................1
ARTICLE Il—EXISTING CONDITIONS OF EMPLOYMEN'1............................................................................................I
ARTICLEIII—SEVERABILITY..............................................................................................................................................I
ARTICLE IV—SALARY SCHEDULES...................................................................................................................................2
ARTICLEV—SPECIAL.PAY....................................................................................................................................................2
A. PERFORMANCE BONUS....................................................................................................................................2
B. EDUCATION......................................................................................................................................................2
I. Incentive Plan...................................................................................................................................................................2
a. Level .....................................................................................................................................................................2
b. Level If...................................................................................................................................................................2
C. Level III..................................................................................................................................................................2
d. Maximum Education Incentive Pay........................................................................................................................3
C. Degree Majors........................................................................................................................................................3
f. Effective Dale.........................................................................................................................................................3
C. ACTING ASSIGNMENTS....................................................................................................................................3
D. ADMINISTRATIVE APPOINTMENTS ..................................................................................................................3
1. Administrative Appointments..........................................................................................................................................3
2. Pay Upon Completion of Administrative Appointment...................................................................................................3
D. PAY UPON COMPLETION OF PARAMEDIC DUTIES...........................................................................................4
E. SPECIAL CERTIFICATION/SKILL PAY...............................................................................................................4
1. Special Certification Pay..................................................................................................................................................4
2. State Board of Fire Service Certification.........................................................................................................................5
3. Paramedic Re-certification Pay........................................................................................................................................5
4. Preceptor Pay...................................................................................................................................................................5
5. Administrative Assignment Pay.......................................................................................................................................6
6. Firefighter Tiller Certification..........................................................................................................................................6
7. Bilingual Skill Pay...........................................................................................................................................................6
S. Investigator Pay................................................................................................................................................................7
9. Swat Medic Pay................................................................................................................................................................7
10. Urban Search and Rescue(USAR)Team Assignment Pay.............................................................................................8
11. Hazard Materials(Hazmat)Team Assignment Pay.........................................................................................................8
12. Rank Paramedic Assignment Pay.....................................................................................................................................8
13. Advanced Paramedic Certification Pay............................................................................................................................8
F. HOLIDAY PAY-IN-LIEU....................................................................................................................................9
G. LONGEVITY PAY............................................................................................................................................ 10
H. EMERGENCY MEDICAL TECHNICIAN PAY..................................................................................................... 10
1. REPORTING TO CALPERS.............................................................................................................................. 10
ARTICLE VI—UNIFORMS,CLOTHING,TOOLS AND EQUIPMENT..........................................................................10
A. UNIFORMS PROVIDED BY CITY...................................................................................................................... 10
B. UNIFORM ALLOWANCFJFITNESS.................................................................................................................- 10
C. UNIFORM CARE AND REPLACEMENT............................................................................................................. l 1
D. UNIFORM POLICIES AND ADVISORY COMMITTEE......................................................................................... II
ARTICLE VII—HOURS OF WORK/OVERTIME............................................................................................................... II
A. WORK SC14F.DULE.......................................................................................................................................... 1 I
B. HOURS OF WORK-DEFINED.......................................................................................................................... 12
C. LEVEL PAY PLAN........................................................................................................................................... 12
D. O V ERTIMFJCOMPENSATORY TIME................................................................................................................ 13
I. Paid Overtime ................................................................................................................................................................ 13
2. Compensatory Time....................................................................................................................................................... 14
a. Non-Exempt.......................................................................................................................................................... 14
b. Staff Personnel......................................................................................................................................................14
HBFA MOU July I,2021—December 31,2023 ii
TABLE OF CONTENTS
C. Compensatory Time Paid Off............................................................................................................................... 15
3. Callback......................................................................................................................................................................... 15
4. Mandatory Standby........................................................................................................................................................ 15
5. Required Training Attendance....................................................................................................................................... 15
6. Cancellation of Overtime............................................................................................................................................... 15
7. Court Time.....................................................................................................................................................................15
8. Pay Out of Rank............................................................................................................................................................. 16
E. JURY DUTY.................................................................................................................................................... 16
F. SHIFT EXCHANGE/RELIEF.............................................................................................................................. 16
G. STATION/SHIFT ASSIGNMENTS.................................................................................................................... 16
H. MINIMUM STAFFING AND FILLING VACANCIES............................................................................................ 16
1. PROBATIONARY PERIOD................................................................................................................................ 17
ARTICLE Vlll—HEALTH AND OTHER INSURANCE BENEFITS................................................................................17
A. HEALTH INSURANCE...................................................................................................................................... 17
B. ELIGIBILITY CRITERIA AND COST................................................................................................................. 17
1. City Paid Medical Insurance—Employee and Dependents............................................................................................17
2. Employer Contributions to Health and Other Insurance Benefits.................................................................................. 17
C. PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT(PEMHCA)OPTION.................I....................... 18
D. MEDICALOPTOUT........................................................................................................................................ 18
E. SECTION 125 PLAN ........................................................................................................................................ 18
F. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT............................................................................... 19
G. LONG TERM DISABILITY................................................................................................................................ 19
H. RETIREE MEDICAL.COVERAGE FOR RETIREES NOT ELIGIBLE'FOR T1IE CITY MEDICAL RETIREE SUBSIDY
PLAN 19
1. POSI'-65 SUPPLEMENTAL MEDICARE COVERAGE......................................................................................... 19
J. RETIREE MEDICAL TRUST(RMT).................................................................................................................20
K. MISCELLANEOUS...........................................................................................................................................21
ARTICLEIX—RETIREMENT...............................................................................................................................................21
A. BENEFITS.....................................................................................................................................I.................21
I. Public Employees' Retirement System..........................................................................................................................21
2. Self-Funded Supplemental Retirement Benefit..............................................................................................................23
3. Medical Insurance for Retirees.......................................................................................................................................23
B. REINSTATEMENT PRIVILEGES FOR DISABILITY RETIREES ............................................................................24
ARTICLE X—LEAVE BENEFITS..........................................................................................................................................24
A. LEAVE WITH PAY...........................................................................................................................................24
1. Vacation.........................................................................................................................................................................24
2. Sick Leave......................................................................................................................................................................26
3 Leave Benefit Entitlements............................................................................................................................................27
4. Bereavement...................................................................................................................................................................27
5. Association Business......................................................................................................................................................27
ARTICLEXI—CITY RULES..................................................................................................................................................27
A. PERSONNEL RULES........................................................................................................................................27
B. PRECEDENCE OF AGREEMENT.......................................................................................................................28
C. DISCIPLINE.....................................................................................................................................................28
D. LAYOFF RULES ..............................................................................................................................................28
ARTICLEXII—MISCELLANEOUS.................................................................................................................................:....28
A. FIRE DEPARTMENT PROMOTIONAL EXAMS...................................................................................................28
B. LIVING QUARTERS.........................................................................................................................................28
C. PAYCHECKS...................................................................................................................................................28
D. CALIFORNIA DRIVER LICENSE FOR FIREFIGHTING EQUIPMENT....................................................................28
HBFA MOU July I,2021—Dm mbcr 31,2023 iii
TABLE OF CONTENTS
E. DEFERRED COMPENSATION LOAN PROGRAM...............................................................................................29
ARTICLE XIII—MANAGEM ENT RIGHTS.........................................................................................................................29
ARTICLE XIV—TERM OF MOU..........................................................................................................................................30
ARTICLE XV—CITY COUNCIL APPROVAL....................................................................................................................30
EXHIBIT A—EMPLOYER-EMPLOYEE RELATIONS RESOLUTION..........................................................................32
EXHIBITB—SALARY SCHEDULE......................................................................................................................................33
EXHIBIT C—RETIREE SUBSIDY MEDICAL PLAN.........................................................................................................34
EXHIBIT D—INCOME PROTECTION PLAN.....................................................................................................................39
EXHIBIT E—40/56-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAI...............................................40
EXHIBIT F—POLICY-14,MINIMUM STAFFING AND FILLING OF VACANCIES...................................................42
EXHIBIT G—FIREFIGHTERS' RIGHTS TO APPEAL DISCIPLINARY ACTION......................................................46
HBFA MOU July 1,2021—Deeenber 31,2023 iv
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF HUNTINGTON BEACH
(Hereinafter called CITY)
and
THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
(Hereinafter called ASSOCIATION or HBFA)
July 1, 2021 through December 31, 2023
ARTICLE I—REPRESENTATIONAL UNIT/CLASSIFICATIONS
A. It is recognized that the Huntington Beach Firefighters' Association is the employee
organization, which has the right to meet and confer in good faith with the City on behalf of
employees of the City of Huntington Beach within the following classifications:
Administrative Fire Captain* Firefighter
Fire Captain Firefighter Paramedic
Fire Engineer
*Administrative Appointment
B. The City and Association have agreed to a procedure whereby the City, by and through the
Administrative Services Director, would be entitled to propose a Unit Modification. This
agreement, Exhibit A, consists of a modification of the City of Huntington Beach Employer-
Employee Relations Resolution (Resolution Number 3335). The City hereby agrees not to
propose a unit modification of the existing Association unit.
ARTICLE II— EXISTING CONDITIONS OF EMPLOYMENT
A. Except as expressly provided herein, the existing wages, hours, and other terms and conditions
of employment within the lawful scope of representation of the Association that are contained
in prior Memoranda of Understanding between the parties hereto and which are currently
applicable to employees covered herein, shall remain in full force and effect.
ARTICLE III—SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this MOU or any additions or
amendments thereof, or the application thereof to any person, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect
the validity of the remaining portions of this MOU or its application to other persons. The City
Council hereby declares that it would have adopted this MOU and each section,subsection,sentence,
clause, phrase or portion, and any additions or amendments thereof, irrespective of the fact that any
one or more sections,subsections, sentences, clauses, phrases or portions,or the application thereof
to any person, be declared invalid or unconstitutional.
HBFA MOU July 1,2021—De by 31,2023 1
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
ARTICLE IV—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 B. All employees are required to utilize direct
deposit of payroll checks. The City shall issue each employee direct deposit advice(payroll receipt)
each pay period that details all income,withholdings, and deductions.
ARTICLE V—SPECIAL PAY
A. Performance Bonus
1. Effective July 1,2022, 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. 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 Department's
Leadership Intent document must be attached to the Personnel Action Form and sent to
the Human Resources Division.
Employees who disagree with the performance bowls 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.
B. Education:
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
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.
a. Level 1 — 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 11 —Any employee who has attained a Bachelor's Degree shall receive
education incentive pay of six percent(6%) of their base rate of pay.
c. Level III —Employees who have attained a Master's Degree shall receive
education incentive pay of nine percent(9%) of their base rate of pay.
HBFA MOU July I,2021—December 31,2023 2
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
d. Maximum Education Incentive Pay —The maximum education incentive pay
an employee may receive is nine percent 9% of their base rate of pay. An
employee may only receive this education incentive pay for one degree.
e. Degree Majors — Degree majors will be reviewed and approved by the Fire
Chief. 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.
f. 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.
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 Pay.
C. Acting Assignments—Employees acting in a higher classification shall be qualified as defined
within Department Policy. Employees shall be paid at the step in the classification in which
they are acting which provides them with at least a 5% increase. The acting assignment shall
end at the discretion of the City. The parties agree that to the extent permitted by law, Acting
Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571(a)(3) Temporary Upgrade Pay.
D. Administrative Appointments:
1. Administrative Appointments—The City may, from time to time,administratively appoint
employees to administrative or specialist positions. Employees so appointed to the
positions of Captain Paramedic, Engineer Paramedic,or Administrative Fire Captain, shall
serve at the discretion of the Fire Chief and may be returned to their regular position at any
time as determined by the Fire Chief. An administrative appointment shall not affect the
employee's regular classification or rank. Persons administratively appointed shall retain
their highest previous permanent classification and the anniversary date of their
appointment to the permanent classification.
2. Pay Upon Completion of Administrative Appointment:
a. An employee administratively appointed to the positions of Captain Paramedic; Engineer
Paramedic, or Administrative Fire Captain, who is subsequently voluntarily or
involuntarily reassigned to a position within their permanent classification with a lower
rate of pay, shall receive a two (2) step reduction in pay to initially coincide with their
reduced assignment and at each anniversary date of the original reduction thereafter,
until their rate of pay equals the rate of pay entitled as if they had not received the
administrative appointment.
b. An employee administratively appointed to the positions of Captain Paramedic,
Engineer Paramedic, or Administrative Fire Captain who has completed four (4) years
HBFA MOU July I,2021-Dnemba 31,2023 3
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
of service in the appointed or any other appointed parallel position, may request to return
to their permanent classification, and shall within one (1) year thereafter, be entitled to
return to their permanent classification. The pay rate changes associated with the
appointment or reappointment shall follow the process and procedures established for all
positions within the classified service.
c. This section shall not apply to demotions or layoffs.
E. Pay Upon Completion of Paramedic Duties- Any Firefighter Paramedic with a minimum of five
(5) years of continuous service as a Paramedic may request reinstatement to their previously
held classification. Such request must be submitted in writing to the Fire Chief at least one (1)
year prior to the date of the requested reinstatement. Upon reinstatement, if the employee's
current base salary is equivalent to or in excess of Step G of the respective Firefighter salary
range, their salary will be set at Step G of the respective Firefighter salary range.
If the employee's Paramedic salary is less than Step G, their salary shall be set at a step in the
range closest to their existing current base salary.
This section shall not apply to demotions or layoffs.
F. Special Certification/Special Assignment Skill Pay:
1. Special Certification Pay
a. Chief Fire Officer Certification — Employees in the classifications of Fire Captain and
Administrative Fire Captain who have completed the Chief Fire Officer courses as
required by the California State Fire Marshal's Office, along with the additional courses
below, shall receive special certification pay of three percent (3%) of their base rate of
pay.The parties agree that,to the extent permitted by law,this Chief Officer Certification
pay is special compensation and shall be reported as such to PERS pursuant to Title 2
CCR Section 571(a)(2) as Recertification Bonus.
Required Additional Courses:
1) S234: Ignition Operations
2) S270: Basic Air Operations
3) AR330: Strike Team Leader
4) S404: Safety Officer
5) S290: Intermediate Wildland Behavior—Classroom based
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.
b. Company Officer Certification — Employees in the classifications of Firefighter,
Firefighter Paramedic, and Fire Engineer who have completed the Company Officer
courses as required by the California State Fire Marshal's Office, along with the
additional courses below, shall receive special certification pay of three percent(31/o) of
their base rate of pay. The parties agree that, to the extent permitted by law, this Fire
HBFA MOU July 1,2021—Dxembw 31,2023 4
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
Officer Certification pay is special compensation and shall be reported as such to PERS
pursuant to Title 2 CCR Section 571 (a)(2) as Recertification Bonus.
Required Additional Courses:
I) I300: Incident Command System 300
2) S230: Crew Boss
3) S231: Engine Boss
4) S290: Intermediate Wildland Behavior—Classroom Based
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.
2. State Board of Fire Service Certification -Any employee in a position that did not require
certification as a condition of employment, and who at any time has been or becomes
certified by the State Board of Fire Services in a classification then occupied, shall be
entitled, upon request, to a lump sum cash payment of two hundred fifty dollars ($250).
Each employee may only receive one such payment irrespective of the number of times
they are certified in any position.
3. Paramedic Re-certification Pay - Each time an employee is re-certified by the State of
California and accredited by Orange County as a Paramedic, they shall be entitled to a
lump sum cash payment of two thousand five hundred dollars ($2,500).
The City will allow Fire Engineers and Fire Captains who are certified by the State of
California as a paramedic to maintain Orange County accreditation and to practice as a
paramedic based upon established department standards.
The parties agree that to the extent permitted by law, Paramedic Recertification Pay is
special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571(a)(2) Paramedic Pay.
4. Preceptor Pay - Firefighter Paramedics who possess the qualifications necessary to be a
preceptor and are assigned preceptor duties by the Fire Chief or his/her sworn designee
shall be paid a special pay of 5.34% of the base hourly rate of Firefighter 56-hour Step G
for each hour worked. It is the intention to provide all eligible Firefighter Paramedics the
same dollar value in this special pay.
For employees who are appointed as a new Firefighter Paramedic, the preceptor partner
(i.e.,the employee receiving preceptor pay) shall receive preceptor pay until the end of the
first probationary rotation. The Fire Chief or designee may request the preceptor duties
and the associated preceptor pay be extended after the first rotation for a designated term.
For an internally promoted Firefighter Paramedic, not more than two persons on each crew
may receive preceptor pay.
HBFA MOU July I,2021—De mbu 31,2023 5
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
The parties agree that to the extent permitted by law,Preceptor Pay is special compensation
and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Training
Premium.
5. Administrative Assignment Pay - Employees designated to perform Special Assignment
duties by the Fire Chief or their sworn designee, as specified in the Huntington Beach Fire
Department Organization Manual Policy D-25, shall be paid a special pay of 5.34%of the
base hourly rate of Firefighter 56-hour Step G for each hour worked.
The parties agree that to the extent permitted by law, Administrative Assignment Pay is
special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571(a)(4) Fire Staff Premium.
6. Firefighter Tiller Certification- Firefighters who obtain and maintain the certifications and
qualifications as outlined in (a) and (b) below shall receive a special pay of 1.78%of the
bi-weekly base rate of Firefighter 56-hour Step G.
a. Tiller Certification —Obtain and maintain Huntington Beach Tiller Certification.The
parties agree that to the extent permitted by law, Tiller Certification Pay is special
compensation and shall be reported as such pursuant to Title 2 CCR, Section
571(a)(4)Tiller Premium.
b. Class A. B, C Driver License —Obtain and maintain a minimum of a valid Class A,
Class B or Class C California driver license with firefighter endorsement or Class B
restrictive California driver license.
C. Regular Duty Assi ng ment— If a Firefighter Paramedic is routinely and consistently
assigned to the Tiller truck, they are eligible to receive the Firefighter Tiller
Certification Pay.
7. Bilingual Skill Pay - Employees whose bilingual skills are qualified, in accordance with
the most current Huntington Beach Fire Department Organization Manual Policy D-26,
shall be paid an additional five percent (5%) of their base rate of pay in addition to their
regular bi-weekly salary. '
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.
HBFA MOU July I,2021—D=mbu 31,2023 6
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
8. Investigator Pay:
a. Level I Arson Investigators are appointed by the Fire Chief. Level I Arson
Investigators are Level 11 Arson Investigator trainees. Level I Arson rate is 4.6%
above a Firefighter Paramedic 40-hour Step G rate at time and one-half.
1) Level I Arson Investigators assigned to an incident or approved training while
off duty will be compensated the full Level I Arson Investigator rate.
2) Level I Arson Investigators assigned to an incident or approved training while on
duty will be compensated the difference between their current hourly rate and the
current Arson Level I Investigator rate (differential).
b. Level 11 Arson Investigators are appointed by the Fire Chief. The Level 11 Arson
Investigator rate is 1 1%above the Arson Level 1 Investigator rate.
1) Level Il Arson Investigators assigned to an incident or approved training while
off duty will be compensated the full Level 11 Arson Investigator rate.
2) Level II Arson Investigators assigned to an incident or approved training while
on duty will be compensated the difference between their current hourly rate and
the current Arson Level 11 Investigator rate (differential).
The parties agree that to the extent permitted by law, Investigator Pay is special
compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4)
Fire Investigator Premium.
9. Swat Medic Pay:
C. Swat Medics are appointed by the Fire Chief. Swat Medic pay rate is 4.6% above a
Firefighter Paramedic 40-hour Step G rate at time and one-half.
1) Swat Medics assigned to an incident or approved training while off duty will be
compensated the full Swat Medic rate.
2) Swat Medics assigned to an incident or approved training while on duty will be
compensated the difference between their current hourly rate and the current
Swat Medic rate (differential).
d. Tactical Emergency Medical Services (TEMS) Captains are appointed by the Fire
Chief. The TEMS Captain rate is 11%above the Swat Medic rate.
1) TEMS Captain assigned to an incident or approved training while off duty will
be compensated the full TEMS Captain rate.
2) TEMS Captain assigned to an incident or approved training while on duty will
be compensated the difference between their current hourly rate and the current
TEMS Captain rate (differential).
HBFA MOU July I,2021—Dmember 31,2023 7
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
The parties agree that to the extent permitted by law, Swat Medic Pay is special
compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4)
Hazard Premium.
10. Urban Search and Rescue (USAR) Team Assignment Pay:
a. Employees certified and assigned to a Type 3 (Light Duty) USAR team shall
receive special assignment pay of one percent(I%) of their base rate of pay.
b. Employees certified and assigned to a Type 2 (Medium Duty) USAR team shall
receive special assignment pay of three percent(3%) of their base rate of pay.
C. Employees certified and assigned to a Type I (Heavy Duty) USAR team who are
qualified and regularly assigned to the Team (not to exceed 24 employees) shall
receive special assignment pay of five percent (50/6)of their base rate of pay.
The parties agree that to the extent permitted by law, USAR Team Assignment Pay is
special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571(a)(4) Hazard Premium.
11. Hazardous Materials (Hazmat)Team Assipnment Pad
a. Employees assigned to the Hazmat team as a Hazmat Technician shall receive
special assignment pay of five percent(50/6) of their base rate of pay.
b. Employees assigned to the Hazmat team as a Hazmat Specialist shall receive
special assignment pay of seven and one-half percent (7.5%) of their base rate of
pay.
The parties agree that to the extent permitted by law, Hazmat Team Assignment Pay is
special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571(a)(4) Hazard Premium.
12. Rank Paramedic Assignment Pay — Employees in the classification of Fire Engineer and
Fire Captain who are assigned to perform paramedic duties shall receive special
assignment pay of fourteen percent (14%) of their base rate of pay. The parties agree that
to the extent permitted by law, Rank Paramedic Assignment Pay is special compensation
and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Paramedic Pay.
13. Advanced Paramedic Certification Pay - Effective July 1, 2021, employees who are
licensed paramedics and locally accredited in Orange County who possess current
certifications in the following courses shall receive special certification pay of two percent
(2%) of their base rate of pay:
• Advanced Cardiac Life Support through the American Heart Association; and,
naFA MOU July I,2021—Dee mbu 31,2023 8
HUNTINGTON BEACH FIRE FIGHTERS' ASSOCIATION
• Pediatric Advanced Life Support through the American Heart Association or
Pediatric Education for Pre-hospital Personnel through the American Academy of
Pediatrics; and,
• Pre-Hospital Trauma Life Support or Basic"Trauma Life Support.
Effective July 1,2022,the Advanced Paramedic Certification pay will increase one percent
for a total of three percent(3%)of their base pay.
The parties agree that to the extent permitted by law,Advanced Paramedic Certification is
special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571(a)(2) Paramedic Pay.
All special certification/special assignment/skill pay provided in Article V (E) shall be effective
the beginning of the first full pay period following certification. In order to receive certification,
the employee shall complete an Official Report submitted to the Fire Chief, which shall include
evidence that they have completed all required courses necessary to receive the certifications
noted above.
G. Holiday Pay-In-Lieu - Employees shall be compensated by the City in-lieu of the ten (10) listed
holidays at their appropriate assigned work schedule rate, either at a forty-hour (40) or fifty-six
hour(56)workweek. Employees assigned to the 40-hour workweek shall be compensated nine
(9) hours per holiday. Employees assigned to the 56-hour workweek shall be compensated
twelve hours and 36 minutes (12.6) hours per holiday. Personnel who change from a fifty-six
(56) hour schedule to a forty (40) hour schedule shall multiply the existing hours by .7143.
Personnel who change from a forty (40) hour schedule to a fifty-six (56) hour schedule shall
divide their existing hours by .7143. The following are the recognized legal holidays under this
MOU:
I. New Year's Day(January 1)
2. Martin Luther King's Birthday
3. President's Day (third Monday in February)
4. Memorial Day (last Monday in May)
5. Independence Day (July 4)
6. Labor Day (first Monday in September)
7. Veterans' Day (November 1 1)
8. Thanksgiving Day(fourth Thursday in November)
9. Friday after Thanksgiving
10. Christmas Day (December 25)
Any day declared by the President of the United States to be a national holiday, or by the
Governor of the State of California to be a State holiday, and adopted as an employee holiday
by the City Council of Huntington Beach.
The parties agree that to the extent permitted by law, Holiday in Lieu Pay is special
compensation and shall be reported as such pursuant to'Title 2 CCR, Section 571(a)(5) Statutory
Items.
HBFA MOU July I,2MI—December 3l,2023 9
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
H. Longevity Pay—All employees with the following full time, paid employment as a Firefighter
shall receive the following longevity pay:
I. Five(5) years or more, but less than ten (10) years,of service shall receive longevity pay
equal to 2.5%of base salary as set forth in Exhibit B.
2. Ten(10) years or more, but less than twenty(20) years,of service shall receive longevity
pay equal to 5%of base salary as set forth in Exhibit B.
3. "Twenty (20) years or more of service shall receive longevity pay equal to 7.5% of base
salary as set forth in Exhibit B.
Volunteer, reserve, and part-time position time will not be factored into the total years of service
under Longevity Pay.
The parties agree that to the extent permitted by law, Longevity Pay is special compensation and
shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1) Longevity Pay.
I. Emergency Medical Technician Pay — All employees in the unit who possess an Emergency
Medical Technician (EMT) certification shall receive four and sixty-seven one hundredths
percent (4.67%) of base salary.
The parties agree that to the extent permitted by law, Emergency Medical Technician (EMT)
Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571(a)(2) Emergency Medical Technician Pay.
J. Reporting to CalPERS — 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 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 VI—UNIFORMS, CLOTHING,TOOLS AND EQUIPMENT
A. Uniforms Provided by City—The City will provide all employees with uniforms as described in
the most current Policy C-2 (Uniforms) executed by the City and HBFA. Either party may
request to meet and confer during the MOU on Policy C-2.
B. Uniform Allowance/Fitness — The City shall provide each employee who participates in the
Fire Department's current physical fitness program,Policy D-9,one hundred fifty dollars($150)
per fiscal year for the purchase of physical fitness uniforms and physical fitness shoes, payable
in the first payroll period of December. New employees must actively participate a minimum
of 90 days prior to December I'to be eligible for the December uniform allowance. Either party
may request to meet and confer during the MOU on Policy D-9.
nBFA MOU July I,2021—December 31,2023 10
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
C. Uniform Care and Replacement:
1. The City, at no cost to the employee, shall replace any uniforms with the exception of
the physical fitness uniforms that are destroyed, become unacceptable, or were damaged
by circumstances involving the Firefighter's regular work while on duty.
2. The uniforms described in paragraph A of this Article and Policy C-2 (Uniforms) shall
be replaced by the City whenever the Fire Chief or their sworn designee determines that
such replacement is necessary.
3. The employee shall be responsible for the preservation and cleaning of all uniforms.
4. All uniforms and equipment furnished by the City, with the exception of T-shirts, shall
remain the property of the City and be returned or replaced if the employee terminates.
D. Uniform Policies and Advisory Committee:
I. The present uniform and clothing policies, as delineated in this Article, shall remain in
effect. Either party may seek to meet and confer over a change to the policy during the
term of this MOU. All safety clothing and uniforms required by the City to be worn by
employees during working hours shall meet all applicable State and Federal regulations
relating to said clothing and, with the exception of station uniforms, be of a high quality,
fire resistant material.
2. A uniform advisory committee composed of two (2) members appointed by the
Association and two (2) representatives appointed by the Fire Chief, shall make
recommendations on the uniforms to be worn, the method of said uniforms will be
provided and obtained and further recommendations on safety clothing and uniforms
may be required during the term of this MOU.
E. Reportable to PERS - The City will report as special compensation, in accordance with Title 2,
California Code of Regulations, Section 571(a)(5) to the California Public Employees'
Retirement System (Ca1PERS), for each classification the average annual cost of uniforms
provided by the City as well as the physical fitness uniform described in Subsection (B). For
employees who are not actively employed for an entire payroll calendar year, a prorated cost of
uniforms shall apply. Upon request, the City will inform HBFA of the amounts reported as
special compensation under this provision. For "new members" as defined by the Public
Employees' Pension Reform Act of 2013, the cost of uniforms will not be reported as
compensation earnable to CalPERS.
ARTICLE VII—HOURS OF WORK/OVERTIME
A. Work Schedule:
1. All twenty-four (24) hour shift employees shall work an average of fifty-six (56) hours
per week pursuant to the current schedule of two (2) twenty-four (24) hour shifts in a
two(2) day period with four(4) consecutive days off.
HBFA MOU July I,2021—December 31,2023 I I
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
All twenty-four(24)hour shift employees shall be on a twenty-four(24)day work period
consistent with the 7(K)exemption set forth in the Fair Labor Standards Act (FLSA).
2. Administrative work schedules are to be forty (40) hours per week on a four (4) day
workweek, ten (10) hours per day, twenty eight (28) day 7(K) FLSA work period.
3. The parties agree that these work schedules shall continue unless and until it is changed
in the future through labor negotiations.
13. Hours of Work - Defined:
I. Hours worked shall be defined as actual time worked, approved vacation, sick leave,
compensatory time off, bereavement leave, and industrial injury or illness leave, with
the exception of exchange of shift not being included.
2. Exchange of shifts (aka as shift trades) shall occur at 0800 hours each day and comply
with Fire Department Rules and Regulations, Policy B-2.
3. Meal periods are paid as hours worked for personnel who are subject to call for
emergency duty.
4. The maximum time allowed within the forty (40) hour workweek (for employees
assigned to work 40 hours per week) schedule for physical fitness shall not exceed four
(4) hours within any given workweek. All physical fitness activities considered to be
work activities shall be conducted on duty at the fire stations or as provided in the current
fitness policy D-9. Fitness activities shall be conducted under supervision as appropriate.
5. An employee who is held over beyond the end of their regular shift shall be compensated
for the actual time they are required to remain on duty, computed to nearest quarter(1/4)
hour. If an employee works Seven minutes or less,the time will be rounded down and if
eight minutes or more will be rounded up to the nearest quarter(1/4) hour.
6. Exchanges of time(aka shift trades) count as hours worked for the employee whose shift
was worked, not for the employee who worked the shift. These hours count as hours
worked for FLSA purposes only.
7. An employee shall be considered to be working if they are ordered to duty by the Fire
Chief or their sworn designee.
C. Level Pay Plan:
I. Twenty-four(24) Hour Shift Personnel—The 24 day FLSA work period for each employee
shall begin at 8 a.m. All hours worked in excess of 182 hours in an FLSA work period shall
be compensated at the premium rate(one and one half times the regular rate of pay).
All regularly scheduled non "lost time" hours shall be counted as hours worked. Each
employee assigned to twenty-four hour shifts for a full FLSA work period shall receive
JIaFA MOU July I,2021—Dccembu 31,2023 12
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
106.15 hours of regular pay and 5.85 hours at the overtime rate of pay, as defined in
subsection D.I.a. of this Article, in each bi-weekly pay period, which shall compensate the
employee for FLSA overtime for regularly scheduled shift work.
2. In addition to the overtime pay as provided in subsection 1 above, twenty-four (24) hour
shift employees shall receive pay at the overtime rate for hours worked in excess of regularly
scheduled hours unless the employee has "lost time" in a regularly scheduled shift. If there
is "lost time" in any regularly scheduled shift, the employee shall receive overtime pay for
only those overtime hours worked in excess of the number of lost time hours in the bi-
weekly pay period.
3. Lost Time Defined—"Lost time" is defined as time when the employee does not work when
regularly scheduled to do so and does not receive a leave of absence with pay.
4. Forty (40) Hour Work Week— Personnel who are not assigned to twenty-four hour shifts
but are assigned to work forty (40) hours per week shall have a twenty-eight(28)day FLSA
work period, which shall correspond to exactly two City pay periods and shall begin at the
same time as a City pay period. Forty(40)hour personnel shall continue to receive overtime
pay for working hours in excess of their regularly scheduled hours.
5. 4/10 Work Schedule Defined—The 4/10 work schedule shall be defined as working four(4)
days at ten (10)hours per day in an FLSA designated work week. Meal periods are regarded
as hours worked for personnel who are subject to call for emergency duty. All employees
on the 4/10 work schedule are subject to be called to work any time to meet any and all
emergencies or unusual conditions which, in the opinion of the City Manager, Department
Head or designee may require such service from said employees.
D. Overtime/Compensatory Time Off:
1. Paid Overtime:
a. All employees covered by this MOU shall be eligible for overtime pay at one and one-
half(1%2) 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.
Employees assigned to fire suppression duties are scheduled to work 182 hours in the
declared 24 day FLSA work period.
b. Any employee who works overtime in either a higher or lower classification shall be
compensated at the rate of pay consistent with the classification worked. However, if
an employee is force hired to work in a lower classification (e.g., a Fire Engineer is
force hired to work as a Firefighter) the employee shall be compensated at the rate
attendant to their regular classification.
c. The City will maintain and adhere to the callback staffing system as set out in the
most current Policy D-3 executed by the parties. The callback staffing system and/or
Policy D-3 may be modified by mutual agreement of the parties at any time during
the term of the MOU.
HBFA MOU July I,2021—December 31,2023 13
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
2. Compensatory Time Off.
a. Non-Exempt—All overtime worked by non-exempt employees shall be compensated
at the employee's overtime rate of pay and shall not be compensated by compensatory
time off.
b. Staff Personnel — For all employees in the classification of Administrative Fire
Captain, in lieu of compensation by cash payment for overtime as provided in this
Article, such employees may, at their option and with the approval of the Fire Chief
or designee, be compensated by compensatory time off at time and one half for each
overtime hour worked.
1) Compensatory time off may be accumulated to a maximum of one hundred-
twenty (120)hours. Compensatory time off may be taken on an hour-for-hour
basis, with the approval of the Fire Chief or their sworn designee. Permission
shall be granted unless granting the request will unduly disrupt the Department,
or unless denying the request will violate the FLSA.
By December 15 of each year, an employee may make an irrevocable election
to cash out compensatory time off howl which they may earn in the following
calendar year. An employee will receive the cash for the compensatory time
off(assuming they have earned it) they irrevocably elected to cash out in the
following calendar year. They can either receive the cash all in the first pay
period in December or half the cash in the second pay period in July and the
other half in the first pay period in December. However, if the employee has
not earned the compensatory time off for which they elected to cash out(either
in July or December) the employee will receive cash for the amount of
compensatory time off they has accrued in the calendar year.
If an employee makes an irrevocable election to cash out compensatory time
off in the following calendar year and uses compensatory time off in that
subsequent year, the compensatory time off used will come from annual leave
the employee had earned prior to January I of the year the employee has elected
to cash out annual leave. This is to ensure that assuming an employee had a
compensatory time off balance prior to January 1, the compensatory time off
used will not result in a reduction in the amount of compensatory time off the
employee will be eligible to cash out.
In addition to the above, an employee who has an "unforeseen emergency"
(defined as an unanticipated emergency that is caused by an event beyond the
control of the employee and that would result in severe financial hardship to
the employee if early withdrawal were not permitted) shall be entitled to make
a request to the Administrative Services Director for a payoff of accrued
compensatory time. The amount of compensatory time off which may be paid
off is limited to the amount necessary to meet the emergency. The maximum
payoff the employee can receive for an emergency what is in their
compensatory time off bank.
HBFA MOU July 1,2021—December 31,2023 14
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
2) Compensatory time off may not be received in lieu of a cash payment for time
worked during major emergencies when, in the opinion of the Fire Chief or
their sworn designee, the City may be eligible for reimbursement from another
agency for said cash payment.
c. Compensatory Time Paid Off— Immediately prior to the time of any change in the
salary schedule, any accumulated time, which has not been used or paid off, shall be
eligible to be paid in cash at the regular rate of pay based upon the salary schedule for
forty(40) hour per week personnel in effect prior to the change.
3. Callback — Employees who are ordered to return to duty on other than their regularly
scheduled shift shall receive a minimum of two (2) hours compensation at the employee's
overtime rate of pay.
4. Mandatory Standby— Any employee may be placed on "mandatory standby" by the Fire
Chief or their sworn designee. Employees on mandatory standby must remain available
for immediate response during the designated standby period. All personnel placed on
mandatory standby shall receive a minimum of two(2)hours compensation for each twelve
(12) hours of off duty standby time or fraction thereof.
5. Required Training Attendance—An employee who is required to attend a class or seminar
to maintain their current position shall have their related expenses paid by the City. If
attendance occurs at a time when the employee is not scheduled to work, they shall be
compensated on an hourly basis.
6. Cancellation of Overtime—Any employee who is scheduled by the City to work overtime
in advance of the time set forth for such scheduling in accordance with the Huntington
Beach Fire Department Organization Manual Policy D-3, which is subsequently cancelled
less than seventy-two (72) hours in advance of the commencement of the scheduled
overtime shift, shall receive a minimum of two (2) hours pay at the employee's overtime
rate.
7. Court Time:
a. Employees placed on standby for a court appearance involving City business during
other than their scheduled working hours shall receive a minimum of two (2) hours
base rate of pay for each morning and/or afternoon session.
b. Employees appearing in court on City business during other than their scheduled
working hours shall receive a minimum of three (3) hours pay at the overtime rate;
provided, however,that if such time overlaps with the employee's scheduled working
hours, said pay shall be limited to those hours occurring prior to or after the
employee's scheduled work time.
c. Employees shall not receive both standby pay and overtime pay for the same court
session. An employee who is on standby, and reports to court will be paid in
accordance with (b) above.
HBFA MOU July 1,2021—Decembc 31,2023 15
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
8. Pay Out of Rank - Subject to the approval of the Fire Chief or their sworn designee, an
employee may voluntarily work in a classification below their rank.
E. Jury Duty Employees who are summoned to perform jury service shall be entitled to their regular
compensation while serving; provided the fees, except mileage and subsistence allowance, if
any, which they receive as jurors, are remitted to the City.
If an employee calls in at night and finds out that they must report to jury duty the next day(and
are scheduled to be working that day as part of a regular shift or on an overtime basis),they must
contact their Battalion Chief as soon as possible so that coverage can be arranged for their shift.
Employees are required to return to work if dismissed by the Court fromjury duty. The returning
employee will go back to their shift and the employee who replaced them will be relieved from
duty at that time for the remainder of the shift.
F. Shift Exchange/Relief:
The Fire Department shall allow Association members' exchanges of schedule pursuant to the
most current Policy D-7 of the Huntington Beach Fire Department Organization Manual that
has been executed by the parties. Policy D-7 (Exchange of Work Schedule) may be modified
by mutual agreement of the parties at any time during the term of this MOU.
An employee may be relieved by any other employee who is qualified to relieve him/her at any
time by utilizing appropriate leave (i.e., vacation). In addition, the parties acknowledge
Department of Labor regulation, 29 CFR section 553.225 which provides:
It is a common practice among employees engaged in fire protection activities to relieve
employees on the previous shift prior to (between the hours of 0600 and 0800) the scheduled
starting time. Such early relief time may occur pursuant to employee agreement,either expressed
or implied.This practice will not have the effect of increasing the number of compensable hours
of work for employees employed under section 7(k) where it is voluntary on the part of the
employees and does not result, over a period of time, in their failure to receive proper
compensation for all hours actually worked. On the other hand, if the practice is required by the
employer, the time involved must be added to the employee's tour of duty and treated as
compensable hours of work.
G. Station/ Shift Assignments
Station / Shift Assignments shall be set by following Organizational Manual Policy D-24.
H. Minimum Staffing and Filling Vacancies:
I. Minimum Staffing Levels— The City shall cause apparatus to be staffed with sufficient
employees to assure the safety of employees and the control of risk. For these purposes,
the minimum staffing of apparatus shall be as defined by Policy D-14, Minimum Staffing
and Filling of Vacancies, a copy of which is attached as Exhibit G and incorporated by
reference herein.
HBFA MOU July I,2021—December 31,2023 16
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
a. Minimum staffing in the Fire Department is set forth in Policy D-14, which is in
Appendix G to this MOU.
b. If a Rank Paramedic is activated on a Paramedic Engine, the overall number of on-
duty Firefighters will increase and the overall number- of Firefighter/Paramedics will
decrease for each Rank Paramedic. However, the total number of on-duty Paramedics
will be no less than 16.
c. If the Fire Chief determines the need to convert a "Truck Company to a PAU or
Paramedic Truck Company,the overall number of on-duty paramedics shall be no less
than 16.
1. Probationary Period:
1. Length of the Probationary Period - Employees in the bargaining unit shall serve a
probationary period when initially appointed to a position in the unit and also when they
promote into a higher rank. The probationary period shall be one year from the time of
initial appointment or promotion into a higher rank.
2. Extension of the Probationary Period - An employee who uses more than 120 hours of
leave for any purpose by the last day of their probationary period will have their
probationary period extended by the total amount of leave (paid or unpaid) used during
the probationary period.
ARTICLE VIII— HEALTH AND OTHER INSURANCE BENEFITS
A. Health Insurance - The City shall continue to make available group health, dental, and vision
benefits to all HBFA employees.
B. Eligibility Criteria and Cost:
1. City Paid Health Insurance — Employees and Dependents — An employee, eligible
dependents, and qualifying domestic partners per state law, shall become eligible to
participate in the City's insurance plan described below effective the first of the month
following the employee's date of hire. Any required employee payroll deduction shall
begin with the first full pay period following the effective date of coverage and shall
continue through the end of the month in which the employee separates.
2. Employer Contributions to Health and Other Insurance Benefits — Effective January 1,
2022,and January 1,2023,the City's maximum monthly employer contributions for health
and other insurance premiums is set forth in the charts below. The amounts listed below
are inclusive of the Ca1PERS statutory PEMHCA minimum amount.
rlBFA MOU July I,2021—December 31,2023 17
HONTINGTON BEACH FIREFIGHTERS' ASSOCIATION
Table 1. HBFA Health Contributions Effective January 1, 2022
Maximum City Contribution
Dental Dental
Tier Medical Vision
PPO HMO
Single 853.60 42.88 23.00 17.58
Two Party 1,170.75 81.82 39.11 17.58
Farm 1,706.25 116.36 59.81 17.58
O t-out 853.60 - -
Table 2. HBFA Health Contributions Effective January 1,2023
Maximum City Contribution
Dental Dental
Tier Medical PPO HMO Vision
Single 876.93 42.88 23.00 17.58
Two Party 1,194.08 81.82 39.11 17.58
Family 1,729.58 116.36 59.81 17.58
Opt-out 876.93 -
In no event shall the employee be entitled to the difference between the employer
contribution and the premiums for insurance plan(s)selected by the employee.
C. Public Employees' Medical and Hospital Care Act(PEMHCA)Option The City contracts with
CalPERS to provide medical benefits to bargaining unit members in accordance with the Public
Employees' Medical and Hospital Care Act (PEMHCA). The City contracts for the unequal
method of employee contribution in accordance with Government Code section 22893.
D. Medical Opt-Out — If an employee is covered by a group health insurance outside of a City-
provided program (evidence of which must be supplied to the Human Resources Division, as
described below), the employee may elect to discontinue City health insurance coverage and
receive a cost equivalent to the single-party maximum City contribution
This amount may be deposited into the employee's deferred compensation account or any other
pre-tax program offered by the City. In order to be eligible for the opt-out payment the employee
must be able to demonstrate to the City's satisfaction that they have minimum essential coverage
as defined by the Affordable Care Act, (through another source other than coverage in the
individual market, whether or not obtained through Covered California) and will not incur
penalties under the ACA.
E. Section 125 Plan — Employees shall be eligible to participate in a City approved Internal
Revenue Code Section 125 Flexible Spending Plan under the same terms and conditions as all
other eligible City employees.This plan allows employees to use pre-tax salary to pay for regular
childcare, adult dependent care and/or non-reimbursable.medical expenses up to maximums
provided by law.
HBFA MOU July 1,2021-Dc ba31,2023 18
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
F. Life and Accidental Death and Dismemberment:
1. Life—The City shall provide a$50,000 (fifty thousand dollars) Life Insurance plan for
each employee.
2. Accidental Death and Dismemberment—The City shall provide a fifty thousand dollars
($50,000) Accidental Death and Dismemberment Insurance plan for each employee.
G. Long Term Disability — The City shall pay to the Association on behalf of each employee
covered by this MOU, on a monthly basis, an amount not to exceed thirty-eight dollars ($38.00)
per member for a Long Term Disability policy. The program shall be subject to the terms and
conditions contained in Exhibit E.
H. Retiree Medical Coverage for Retirees Not Eligible for the City Medical Retiree Subsidy Plan
Employees who retire from the City after January 1, 2004, are granted a retirement allowance
by the California Public Employees' Retirement System, and are not eligible for the City's
Retiree Subsidy Medical Plan, may choose to participate in any health insurance plans available
to all active employees in this bargaining unit until the first of the month in which they turn age
sixty-five (65).
The retirees shall pay the full premium for any-health insurance for themselves and/or qualified
dependents without any City subsidy.
Employees who retire from the City, receive a retirement allowance from the California Public
Employees' Retirement System, are not eligible for the City's Retiree Subsidy Medical Plan and
choose not to participate in City medical insurance plans available to eligible retirees in this
bargaining unit upon retirement, will permanently lose eligibility for this insurance.
However, if retiree who is not eligible for the City's Retiree Subsidy Medical Plan chooses not
to participate in available medical insurance plans because the retiree has access to other group
medical insurance,and subsequently loses eligibility for that group medical insurance,the retiree
and their qualified dependents will have access to medical insurance plans available to retirees
eligible for reinstatement.
Eligibility for Retiree Medical Coverage terminates the first of the month in which the retiree or
qualified dependent turns age sixty-five(65).
1. Post-65 Supplemental Medicare Coverage — Retirees who are participating in the Retiree
Subsidy Medical Plan as of January 1, 2004 and all future retirees who meet the criteria to
participate in available medical insurance, with or without the Retiree Medical Subsidy Plan,
may participate in available medical insurance plans that are supplemental to Medicare.
A retiree or qualified dependent must choose to participate in available medical insurance plans
that are supplemental to Medicare beginning the first of the month in which the retiree or
qualified dependent turns age sixty-five (65).
The retiree shall pay the full premium to participate in available medical insurance plans that are
supplemental to Medicare for themselves or qualified dependents without any City subsidy.
HBFA MOU July I,2021—December 31,2023 19
HUNTfNGTON BEACH FIREFIGHTERS' ASSOCIATION
Retirees or qualified dependents, upon turning age 65, who choose not to participate in available
medical insurance plans that are supplemental to Medicare permanently lose eligibility for this
insurance.
J. Retiree Medical Trust(RMT)
The City authorizes the HBFA to participate in a retiree medical plan administered by the
PORAC Retiree Medical Trust, with the following conditions:
1. The City and HBI-A agree that the City shall not provide any contribution to the program.
2. Effective 10/0 1/2020,City shall withhold$100.00 per month for each represented employee.
Thereafter, said withholding shall be in an amount as designated in writing by HBFA.
Deductions shall be made on the first two pay periods of each month.
3. The City shall withhold $100.00 per month for each represented employee to participate in
the program. 'rhe withholding could change and if it does, it shall be in an amount as
designated in writing by the HBFA. Deductions shall be taken on the first two checks of
each month.
4. HBFA shall pay all associated expenses incurred to participate in this program.
5. Upon request, the HBFA shall provide documentation to the City as follows:
a. A copy of the in-force employee medical welfare benefit trust fund program;
b. A statement certifying that funds collected are for employee welfare medical benefits
for HBFA represented employees only;
c. A copy of the current program document as well as any changes, amendments or
written confirmation that there have been no changes to the employee medical
welfare benefit trust fund program provider;
d. Verification of the funds submitted to the PORAC Retiree Medical Trust; and
e. A statement certifying that the submitted funds are only being utilized to provide
employee welfare medical benefit trust funds for participating members including
members of the HBFA.
6. City shall pay the withheld funds to the PORAC Retiree Medical Trust bi-weekly.
7. All Federal and State laws regarding employee medical welfare benefit trust funds coverage
shall be followed.
8. HBFA agrees that it will indemnify and hold harmless the City as well as all direct or indirect
successors, officers, directors, heirs, predecessors, assigns, agents, insurers, employees,
attorneys, representatives, and each of them, past and present, from and against any claims,
lawsuits,penalties, interest,taxes,or liability of any kind whatsoever,which may result from
the qualified employee welfare benefit trust fund program.
9. Upon retirement of an employee, the City shall transfer to the Trust, an amount equal to the
employee's payout outlined in the City of Huntington Beach Separation Agreement and
HBFA MOU July I,2021—December 3l,2023 20
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
General Release. The City shall contribute the monies on a pre-tax basis. The monies
contributed to the Trust fund shall only be used for retiree health insurance premiums or
heath care services expenses. There shall be no employee election to take such amount in
cash.
10. The City hereby acknowledges receipt of the Trust Agreement governing the Trust and will
comply with rules set by the Trust Office in regard to reporting and depositing the required
contributions set forth above. The City will cooperate with the Trust in allowing a payroll
audit for the purpose of ascertaining if the proper amount of contributions have been made.
K. Miscellaneous:
1. Nothing in this Article shall be deemed to restrict the City's right to change insurance
carriers should circumstances warrant.
2. Nothing in this Article shall be deemed to obligate the City to improve the benefits outlined
in this Article.
3. Whenever an eligible employee is absent because of illness or injury,the City shall continue
to provide to the employee and their dependents, all of the insurance benefits set forth in
this Article for the duration of any such approved absence not to exceed twenty-four (24)
months.
ARTICLE IX—RETIREMENT
A. Benefits:
1. Public Employees' Retirement System:
a. The City shall provide all safety employees described as "classic members" by the
Public Employees' Pension Reform Act of2013 (PEPRA)with that certain retirement
program commonly known and described as the "3% at age 50 plan," which is based
on the retirement formula as set forth in the California Public Employees' Retirement
System (PERS), Section 21362.2 of the California Government Code, including the
one-half continuance option(Government Code Sections 21624 and 21626)for safety
employees and the Fourth Level of the 1959 survivor option for all employees as
established by the California Public Employees' Retirement System, Section 21571
of the California Government Code.
b. All "classic members" shall pay their CalPERS member contribution of nine percent
(91/o) of pensionable income.
Effective the beginning of the pay period including July 1, 2021, all classic members
shall pay four percent (4%) additional compensation eamable as employer cost
sharing in accordance with Government Code section 20516(f) — for an employee
pension contribution of thirteen percent(13%). The parties agree that this cost sharing
agreement per Government Code section 20516(f) shall continue after the expiration
HBFA MOU July I,2021-Dmemba 31,2023 21
HUNTINGTON BEACH FHtEFIGHTERS' ASSOCIATION
of this MOU unless/until otherwise negotiated to either an agreement (in a successor
MOU) or the expiration of the impasse process by the parties.
c. The City contracts with PERS to have retirement benefits calculated based upon the
employee's highest one year's compensation, pursuant to the provisions of Section
20042 (highest single year). This benefit is available to "classic members" of
CalPERS.
d. The obligations of the City and the retirement rights of employees as provided in this
Article shall survive the term of this MOU.
e. The City provides the Pre-Retirement Optional Settlement 2 Death Benefit as set forth
in California Government Code Section 21548 for all safety employees represented
by the Association.
f. For"New Members" within the meaning of the California Public Employees' Pension
Reform Act of 2013 (PEPRA).
I) New Members shall be governed by the two and seven tenths percent at age
57 (2.7% @ 57) retirement formula set forth in Government Code section
7522.25(d) for all safety employees defined as "new members" per PEPRA
represented by the Association.
2) Final compensation will be based on the highest annual average compensation
earnable during the 36 consecutive months immediately preceding the
effective date of his or her retirement, or some other 36 consecutive month
period designated by the member as required by Government Code section
7522.32(a).
3) New members shall contribute one half of the normal cost rate, as established
by CalPERS.
4) Effective the beginning of the pay period including July I, 2021, "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.
g. 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.
HBFA MOU July I,2021—December 31,2023 22
HUNTINGTON BEACH FIRE'EFIGHTERS' ASSOCIATION
It. Reporting of Base Salary— Provisions of the Level Pay plan, Article VII.C, shall be
used for purposes of reporting the bi-weekly pay of twenty-four (24) hour shift
employees to the Public Employees' Retirement System (PERS).
2. Self-Funded Supplemental Retirement Benefit:
a. In the event a member elects Option #l, #2, #2W, 43, #3W or #4 of the Public
Employees' Retirement Law, the City shall pay the difference between such elected
option and the unmodified allowance which the member would have received for their
life alone as provided in California Government Code sections 21455, 21456, 21457,
and 21548 as said referenced Government Code sections exist as of the date of this
agreement. This payment shall be made only to the member, shall be payable by the
City during the life of the member, and upon that member's death, the City's
obligation shall cease. The method of funding this benefit shall be the sole discretion
of the City. This benefit is vested for employees covered by this MOU.
b. Employees hired on or after October 4, 1999, shall not be eligible for the
"Supplemental Retirement Benefit" referenced in Article IX.A.2a above.
3. Medical Insurance for Retirees:
a. Upon retirement, whether service or disability, each employee shall have the
following options in regards to medical insurance under available plans:
1) With no change in benefits, retirees can stay in any of the plans offered by the
City, to active members in this bargaining unit, at the retiree's own expense,
for the maximum time period required by Federal Law(COBRA), or
2) Early retirees (under age 65) may participate in the available health plans
currently being offered to active employees.
3) Retirees over age 65 may participate in the Post-65 Supplemental Medicare
Coverage described in Article VIII.I.
b. Retired employees exercising either of the options in Article IX.A.3.a may cause any
premiums not paid by the City to be paid out of funds due and owed to them for
unused sick leave benefits upon retirement,as provided in Article 1X.A.3.a. However,
whenever a retired employee does not have any such available funds, they shall have
the opportunity to provide the City with sufficient funds to pay the premiums. At
retirement, the sick leave hours remaining may, at the employee's option, be
converted to a dollar figure, as provided in Article IX.A.3.a, and an estimate shall be
provided by the City to the retired employee as to the approximate number of months
the group insurance can be paid by such sick leave dollars. The City shall notify any
retired employee whose funds available for unused sick leave benefits are about to be
exhausted of such fact, in writing by certified mail, return receipt requested, at the
retired employee's most recent address of record with the City no later than three (3)
months prior to the date upon which there will not be sufficient funds to pay
premiums. It shall be the individual retiree's responsibility either to insure that there
are-sufficient sick leave dollars available to pay premiums or to make premium
payments at least one (1) month in advance,to continue the group insurance in effect.
HBFA MOU July 1,2021—Dw mbu 31,2023 23
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
If following exhaustion of sick leave funds a retired employee fails to provide the City
with sufficient additional funds to pay premiums,the City shall have the right to notify
said retired employee in the manner prescribed above that it intends to cause their
coverage to be terminated for non-payment of premiums, and the further right to
terminate such coverage, if such default has not been cured within thirty (30) days
following receipt of such notice. Any retired employee electing to obtain such
medical coverage after retirement shall have no further option to terminate such
coverage following the provision of thirty (30) days written notice to the City,
whereupon any funds due and owed to him/her for unused sick leave benefits that
have not been exhausted to pay these health insurance premiums shall be paid in a
lump sum to the retired employee within thirty(30)days following receipt by the City
of such notice. Once a retired employee elects to terminate such coverage, they shall
be precluded from securing it at a later date at the group rate.
B. Reinstatement Privileges for Disability Retirees — If a retiree seeks to cause PFRS to revoke
their disability retirement (within three years of the effective date of the disability retirement)
on the grounds that they are no longer incapacitated from performing the duties of the position
held at the time of retirement,the City will not certify that they are no longer incapacitated from
performing those duties until the employee passes the Departmental physical agility test. If
PERS revokes their disability retirement, the City shall immediately reinstate the employee at
their former position and pay step.
ARTICLE X—LEAVE BENEFITS
A. Leave with Pay:
1. Vacation — The purpose of annual vacation is to provide a rest period, which will enable
each employee to return to work physically and mentally refreshed. All employees shall be
entitled to annual vacation, with pay, in accordance with this Article.
a. Accrual—Employees shall accrue annual vacations at their appropriate assigned work
schedule rate, either forty-hour(40) or fifty-six hour(56) workweek. Paychecks will
identify the accrued vacation (Accrued) and accrual rate (Constant) based on their
actual work schedule, either a forty (40) hour or fifty-six (56) hour schedule. In the
event of a change in work schedules, personnel will have their accrued vacation
(Accrued) and accrual rate (Constant) changed to the new schedule using the
conversion factor .7143 (40_ 56). Personnel who change from a fifty-six (56) hour
schedule to a forty(40) hour schedule shall multiply the existing hours by .7143, (see
Exhibit G). Personnel who change from a forty(40)hour schedule to a fifty-six (56)
hour schedule shall divide their existing hours by .7143. Personnel shall accrue
annual vacations at the following rates I:
For the first four(4) years of continuous service vacation time shall be accrued at the
rate of one hundred and twelve (112) hours per year for forty (40) hour per week
employees, and one hundred and fifty-seven (157) hours per year for fifty-six (56)
hour per week employees.
For a detailed explanation regarding conversion refer to Exhibit F
HBFA MOU July I,2021—December 31,2023 24
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
After four (4) years of continuous service to the completion of nine (9) years of
continuous service, vacation time shall be accrued at the rate of one hundred thirty-
six (136) hours per year for forty(40)hour per week employees, and one hundred and
ninety(190) hours per year for fifty-six (56) hour per week employees.
After nine(9) years of continuous service to the completion of fourteen (14) years of
continuous service, vacation time shall be accrued at the rate of one hundred sixty
(160) hours per year for forty (40) hour per week employees, and two hundred and
twenty-four(224) hours per year for fifty-six (56) hour per week employees.
After fourteen (14) years of continuous service vacation, time shall be accrued at the
rate of one hundred ninety-two (192) hours per year for forty-hour (40) per week
employees, and two hundred sixty-nine (269) hours per year for fifty-six hour (56)
per week employees.
Vacation allowance shall not be accumulated in excess of three hundred forty-two
(342) hours for forty (40) hour per week employees, and four hundred and eighty
(480) hours per year for fifty-six (56) hour per week employees.
b. Eligibility and Permission—No vacation may be taken until the completion of six (6)
months of employment. No employee shall be permitted to take vacation in excess
of actual time earned and no employee shall take vacation that is being accrued while
the employee is on vacation. Vacations shall be taken only with permission of the
Fire Chief or their sworn designee, who shall schedule all vacations with due
consideration for the request of the employee and particular regard for the need of the
Department.
The Fire Department operates on a three-shift basis, with personnel being assigned to
the "A, B or C" Shift for work scheduling purposes. On each such shift, there shall
be four (4) available vacation absences (referred to as "vacation slots"). That is, at
any one time, there may be four (4) persons absent from duty on each such shift due
to vacation. These slots shall be made available by rank, one (1) to Firefighters, one
(I) to Fire Engineers, one (1) to Firefighter Paramedics; and one (1) to Captains.
Thereafter,each additional employee shall be entitled to receive time off for requested
vacation leave,so long as a qualified replacement is available to serve in their absence.
c. Conversion to Cash — By December 15 of each year, an employee may make an
irrevocable election to cash out up eighty(80)hours(for employees assigned to the 40
hour workweek) at the 40 hour rate, or one hundred and twelve (112) hours (for
employees assigned to the 24 hour suppression shift)at the 56 hour rate, which will be
earned in the following calendar year. In the following year, the employee can receive
the cash for the vacation they irrevocably elected to cash out in either two (2) equal
increments of half of what they elected to cash out or one (1) increment of up the
maximum they elected to cash out.
The employee would be paid one half of what they irrevocably elect to cash out on
both the second pay day in July and the first pay day in December or the employee can
HBFA MOU July I,2021—De ber 31,2023 25
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
elect to be paid the full amount they elected to cash out on the first pay day in
December. However, if the employee's vacation 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 vacation the employee has accrued at the time of the cash out.
If an employee makes an irrevocable election to cash out vacation in the following
calendar year and uses vacation in that subsequent year, the vacation used will come
from vacation the employee had earned prior to January I of the year the employee has
elected to cash out vacation. This is to ensure that assuming an employee had a
vacation balance prior to January 1, the vacation used will not result in a reduction in
the amount of vacation the employee will be eligible to cash out.
In addition to the above, an employee who has an "unforeseen emergency"(defined as
an unanticipated emergency that is caused by an event beyond the control of the
employee and that would result in severe financial hardship to the employee if early
withdrawal were not permitted) shall be entitled to make a request to the
Administrative Services Director for a payoff of accrued vacation. The amount of
vacation which may be paid off is limited to the amount necessary to meet the
emergency. The maximum payoff the employee can receive for an emergency is
limited to eighty(80) for forty hour employees and 112 hours for 56 hour employees.
In addition to the employee's election to cash out vacation, any vacation accumulated
in excess of three hundred-forty-two (342) hours at the forty (40) hour rate, or four
hundred and eighty (480) hours at the fifty-six (56) hour rate shall be paid in cash at
the regular rate of pay on the first payday following such accumulation.
d. Pay-Off at Termination — Except as provided in Section A.l.c. of this Article, no
employee shall be paid for unused vacation other than upon termination of
employment. Any vacation pay off at termination shall be at the regular rate of pay
and the accrual rate the employee is earning at the time of separation.
2. Sick Leave:
a. Accrual — The conversion factor for sick leave accrual shall be in accordance with
Rule 18-9 of the City's Personnel Rules. Employees covered by this MOU shall
accrue sick leave at the rate of 3.6923 hours per pay period for 40-hour week
employees, and 5.1691 for fifty-six hour (56) week employees. Paychecks will
identify the accrued sick leave (Accrued) and accrual rate (Constant) based on their
actual work schedule, either a forty (40) hour or fifty-six (56) hour schedule. In the
event of a change in work schedules, personnel will have their accrued sick leave
(Accrued) and accrual rate (Constant) changed to the new schedule using the
conversion factor .7143. Personnel who change from a fifty-six hour (56) schedule
to a forty(40)hour schedule shall multiply their accrual rate by.7143,(see Exhibit F).
Personnel who change from a forty(40)hour schedule to a fifty-six(56)hour schedule
shall divide their accrual rate by .7143.
b. Pay-Off at Termination — Upon termination for reasons other than for industrial
disability retirement, an employee shall have their accrued sick leave paid at the
H6FA MOU July I,2021—D=mbcr 31,2023 26
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
regular rate of pay and the accrual rate the employee is earning at the time of
separation. Sick Leave shall be paid (or have paid on their behalf as provided in
Article IX.A.3.b) at twenty-five percent(25%)of unused,earned sick leave from four
hundred-eighty (480)through seven hundred-twenty(720) hours, and at fifty percent
(50%) of all unused, earned sick leave for hours in excess of seven hundred-twenty
(720) hours.
Upon termination for industrial disability retirement, an employee shall have their
accrued sick leave paid (or have paid on him/her behalf as provided in Article
IX.A.3.b) at the regular rate of pay and the accrual rate at the time of separation at
twenty-five percent (251/o) of unused, earned sick leave from zero (0) through four
hundred-eighty(480)hours,and at fifty percent(50%)of all unused,earned sick leave
in excess of four hundred-eighty (480) hours.
c. Utilization in Coniunction with Industrial Disability Leave — Sick leave cannot be
used to extend absences due to work-related (industrial) injuries or illnesses.
3. Leave Benefit Entitlements—As required by law, employees will be allowed to use up
to one-half of their annual Sick Leave accrual for family sick leave, pursuant to the
provisions of California Labor Code Section 233.
The City shall comply with all state and federal leave benefit entitlement laws and
regulations.
An eligible employee on an approved leave may be allowed to use earned Sick Leave,
Vacation and/or Compensatory Time Off.
4. Bereavement - Employees shall be entitled to bereavement leave not to exceed two (2)
work shifts for those employees on the twenty-four (24) hour work schedule, or three
(3)work shifts for all other employees in each instance of death in the immediate family.
Immediate family is defined as father, mother, sister, brother, spouse, children,
registered domestic partner; grandfather, grandmother, step-father, step-mother, step-
grandfather, step-grandmother,grandchildren, stepsisters,step-brothers, mother-in-law,
father-in-law, in-laws of registered domestic partner, brother-in-law, sister-in-law, Bon-
in-law, daughter in-law, step-children, or wards of which the employee is the legal
guardian.
5. Association Business— During the term of this MOU, authorized representatives of the
Association shall be entitled to receive up to a total of four hundred (400) collective
hours without any loss of compensation per contract year to be utilized for lawful
Association activities. In addition, up to one hundred-fifty (150) unused hours may be
carried forward to the next contract year.
ARTICLE XI—CITY RULES
A. Personnel Rules - All MOU provisions that supersede the City's Personnel Rules shall
automatically be incorporated in the City's Personnel Rules,
HBFA MOU July I,2021—Dm=ber 31,2023 27
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
B. Precedence of Agreement - In any case in which any provision of this MOU is inconsistent with
any City ordinance, rule, regulation, resolution, including provisions of any Fire Department
Manual, the provisions of this MOU shall supersede and take precedence.
C. Discipline - The procedure and practice regarding discipline is set forth in Exhibit H.
D. doff Rules - The procedure and practice regarding layoffs as contained in the City's
Personnel Rules in effect on July 1, 1980, shall remain in full force and effect during the entire
term of this MOU.
ARTICLE XII—MISCELLANEOUS
A. Fire Department Promotional Exams—Promotional and open competitive examinations shall be
held in accordance with the most current Policy D-10 of the Huntington Beach Fire Department
Organization Manual executed by the parties. Policy D-10 may be modified by the parties at
any time during the term of this MOU. Either party may request to meet and confer during the
MOU on Policy D-10.
B. Living Ouarters —The City shall provide necessary kitchen, living, and sleeping quarters in all
fire stations and shall continue to provide facilities for Association meetings.
C. Paychecks:
1. Bi-Weekly Pay— Salary shall be paid on a bi-weekly basis. By mutual consent of the City
and the Association, early payment and other modifications may be made.
2. Paycheck Stub - An on-line pay stub shall contain an itemization of amounts paid under
various categories of pay, including educational incentive pay,holiday pay, and all overtime,
and shall also include an itemization of the nature and the purpose of each deduction
withheld from the employee's gross earnings.
3. Direct Deposit— Employees hired on or after January 1, 2007 shall receive their bi-weekly
compensation through the City's direct deposit system. Employees currently participating
in the City's direct deposit program must remain in that program.
4. Vacation Payroll Advance— Each employee shall, at their option, by written notice to the
City's Administrative Services Director, be given at least two (2) weeks prior to the
commencement of said employee's scheduled vacation, be entitled to receive their earned
vacation pay, less deductions in advance of said vacation. Said right to receive advance
payment of earned vacation pay shalt be limited to one such advancement during each
calendar year.
D. California Driver License for Firefighting Equipment—Employees required by the City to obtain
a valid Class A, Class B or Class C California driver license with firefighter endorsement or
Class B restrictive California driver license will be reimbursed for fees paid to the California
Department of Motor Vehicles to obtain the Driver License with Firefighter Endorsement.
H➢FA MOU July I,2021—Mmmber 31,2023 28
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
All employees in the classification of Fire Engineer shall be required to possess a valid Class
A, Class B or Class C California driver license with firefighter endorsement or Class B
restrictive California driver license. All other bargaining unit employees shall be required to
obtain the following:
All employees hired after February 19, 2008, must acquire a valid Class A, Class B or Class
C California driver license with firefighter endorsement or Class B restrictive California driver
license prior to completing their probationary period.
All employees assigned to the USAR team who possess a valid Class A, Class B or Class C
California driver license with firefighter endorsement or Class B restrictive California driver
license as of the program's implementation date shall be required to maintain their license.
All current employees assigned to the USAR team prior to the program's implementation date
are not required to have a Firefighter Endorsed Driver License. All current employees
assigned to the USAR team after the program's implementation shall obtain and maintain a
valid Class A,Class B or Class C California driver license with firefighter endorsement within
one(1) year of their assignment.
All employees assigned to the Hazardous Materials team who possess a valid Class A, Class
B or Class C California driver license with firefighter endorsement or Class B restrictive
California driver license shall maintain their license. All employees assigned to the Hazardous
Materials team prior to February 19, 2008, are not required to obtain a Firefighter Endorsed
Driver License. All current employees assigned to the Hazardous Materials team after
February 19, 2008 shall obtain and maintain a valid Class A, Class B or Class C California
driver license with firefighter endorsement or Class B restrictive California driver license
within one (1) year of their assignment.
E. Deferred Compensation Loan Program —Employees may utilize the Deferred Compensation
Loan Program, under which employees may borrow up to fifty percent(50%)of their deferred
compensation funds for critical needs such as medical costs, college tuition, or purchase of a
home. The value of any unused earned leave benefits may be transferred to deferred
compensation in connection with separation, but the employee must request the transfer no
later than the pay period prior to the employee's last day of employment.
ARTICLE XIH—MANAGEMENT RIGHTS
Except as expressly abridged or modified herein, the City retains all rights, powers, and authority with
respect to the management and direction of the performance of fire services and the work forces
performing such services. Such rights include, but are not limited to, determination of the merits,
necessity, level or organization of fire services, the necessity for overtime, number and location of work
stations, nature of work to be performed, contracting for any work or operation, reasonable employee
performance standards, including work and safety rules and regulations, in order to maintain the
efficiency and economy desirable for the performance of City services.
HBFA MOU July I,2021—De bcr 3l.2023 29
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
ARTICLE XIV—TERM OF MOU
This MOU shall be in effect commencing on July I, 2021, through December 31, 2023. This MOU
constitutes the entire agreement of the pasties as to the changes in wages, hours, and other terms and
conditions of employment of employees covered hereunder for the term hereof.
ARTICLE XV—CITY COUNCIL APPROVAL
It is the understanding of the City and the Association that this Memorandum of Understanding is of no
force or effect whatsoever unless and until ratified by the membership of HBFA and adopted by
Resolution of the City Council of the City of Huntington Beach.
ARTICLE XVI —SUCCESSOR NEGOTIATIONS
The parties agree to commence labor negotiations for a successor MOU no later than September 1,
2023. At that meeting, the parties shall discuss ground rules and meeting dates.
HBFA MOU July I,2021—December 31,2023 30
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this
21st day of December , 2021.
CITY OF 1UNTINGTON BEACH HUNTINGTON BEACH
WMu al Corporation FIREFIGHTERS' ASSOCIATION.
By: By:
0 tver Chi Glenn Pavlosky
City Manager HBFA President
By: By.
Travis Hopkins Bit Cerri
Assistant City Manager HBFA Vice-President
By: 1LJ
Brittany Mello
Interim Director of Administrative Services
By:
Scott Haberle
Fire Chief
APPROVEU,19LO FORM
By:
7Mi ael E. Gates
ty Attorney
HBFA MOU July I,2021—December 31.2023 31
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT A—EMPLOYEE RELATIONS RESOLUTION
7.3 Human Resources Officer Motion of Unit Modification—The Human Resources Officer may
propose, during the same period for filing a Petition for Decertification, that an established
unit be modified in accordance with the following procedure:
a. The Human Resources Officer shall give written notice of the proposed unit modification
to all employee organizations that may be affected by the proposed change. Said written
notification shall contain the Human Resources Officer's rationale for the proposed
change including all information which justifies the change pursuant to the criteria
established in Section 6-5 for Appropriateness of Units. Additionally, the Human
Resources Officer 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;
b. Following receipt of the Human Resources Officer's proposal for unit modification, any
affected employee organization shall be afforded not less than thirty(30)days to receive
input from its members regarding the proposed change and to formulate a written and/or
oral response to the motion for unit modification to the Personnel Commission;
c. 'Me 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;
d. 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.
HaFA MOU July I,2021—Dccwbu 31,2023 32
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT B-SALARY SCHEDULE
Effective the Beginning of the Pay Period Including July 1, 2021
40-Hour Rate (Hourly)
Job No Job Description Range A B C D E F G
229 Firefighter 183 34.26 35.97 37.77 39.66 41.64 43.72 45.91
160 Fire Engineer 198 39.77 41.76 43.85 46.04 48.34 50.76 53.30
226 Firefighter Paramedic 198 39.77 41.76 43.85 46.04 48.34 50.76 53.30
101 Fire Captain 212 45.72 48.00 50.40 52.92 55.57 58.35 61.27
100 Administrative Fire Captain 223 1 51.01 1 53.56 56.23 59.05 62.00 65.10 68.35
56-Hour Rate (Hourly)
Job No Job Description Range A B C D E F G
229 Firefighter 183 24.47 25.69 26.98 28.33 29.74 31.23 32.79
160 Fire Engineer 198 28.41 29.83 31.32 32.89 34.53 36.26 38.07
226 Firefighter Paramedic 198 28.41 29.83 31.32 32.89 34.53 36.26 38.07
101 Fire Captain 212 32.66 34.29 36.00 37.80 39.69 41.68 43.76
100 Administrative Fire Captain 223 36.43 38.25 40.17 42.18 44.28 46.50 48.82
Monthly Rate
Job No Job Description Range A B C D E F G
229 Firefighter 183 5,938.10 6,235.00 6,546.75 6,874.09 7,217.80 7,578.69 7,957.62
160 Fire Engineer 198 6,893.95 7,238.64 7,600.58 7,980.61 8,379.64 8,798.62 9,238.55
226 Firefighter 198 6,893.95 7,238.64 7,600.58 7,980.61 8,379.64 8,798.62 9,238.55
Paramedic
101 Fire Captain 212 7,924.42 8,320.64 8,736.67 9,173.50 9,632.18 10,113.78 10,619.47
100 Administrative 223 8,841.02 9,283.07 9,747.22 10,234.58 10,746.31 11,283.63 11,847.81
Fire Captain
HBFA MOU July I,2021-December 31,2023 33
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT C— RETIREE SUBSIDY MEDICAL PLAN
An employee who has retired from the City shall be entitled to participate in the available medical
insurance plans and the City shall contribute toward monthly premiums for coverage in an amount as
specified in accordance with this plan, provided:
A. At the time of retirement the employee has a minimum of ten (10) continuous years of regular
(permanent) City service immediately prior to retirement or is granted an industrial disability
retirement. Said service must be continuous unless prior service is reinstated at the time of their
rehire in accordance with the City's Personnel Rules; and
B. At the time of retirement, the employee is employed by the City; and
C. Following official separation from the City, the employee is granted a retirement allowance by the
California Public Employees' Retirement System.
The City's obligation to pay the monthly premium, as indicated, shall be modified downward or
cease during the lifetime of the retiree upon the occurrence of any one of the following:
1. On the first of the month in which a retiree or dependent reaches age 65 or on the date the retiree
or dependent can first apply and become eligible, automatically or voluntarily, for medical
coverage under Medicare (whether or not such application is made), the City's obligation to pay
monthly premiums may be adjusted downward or eliminated. Benefit coverage at age 65 under
the City's sponsored medical insurance plans shall be governed by applicable plan document.
2. In the event of the death of any employee, whether retired or not, the amount of the retiree
medical insurance subsidy benefit which the deceased employee was receiving at the time of
their death or would be eligible to receive if they were retired at the time of death, shall be paid
on behalf of the spouse or dependent(s) for a period not to exceed twelve (12) months.
D. Industrial Disability Retirees - Industrial disability retirees with less than ten (10) continuous years
of regular (permanent) service shall receive a maximum monthly payment toward the premium for
health insurance of$121. Payments shall be in accordance with the stipulations and conditions,
which exist for all retirees. Payment shall not exceed dollar amount, which is equal to the full cost
of premium for employee only.
E. Maximum Monthly Subsidy Payments - The payment amounts may be reduced each month as
dependent eligibility ceases due to death, divorce or loss of dependent child status. Flowever, the
amount shall not be reduced if such reduction would cause insufficient funds needed to pay the full
premium for the employee and the remaining dependents. In the event no reduction occurs and the
remaining benefit premium is not sufficient to pay the premium amount for the employee and the
eligible dependents, said needed excess premium amount shall be paid by the employee.
All retirees, including those retired as a result of industrial disability whose number of years of
continuous regular(permanent) service immediately prior to retirement exceeds ten (10) years, shall
be entitled to maximum monthly payment of premiums by the City for each year of completed City
service as follows:
HBFA MOU July I,2021—D=mbu 31,2023 34
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT C—RETIREE SUBSIDY MEDICAL PLAN
Maximum Monthly Payment
for Retirees After:
Years of Service
10 $ 121
11 136
12 151
13 166
14 181
15 196
16 211
17 226
18 241
19 256
20 271
21 286
22 300
23 315
24 330
25 344
F. Eligibility:
1. The effective start-up date of the Retiree Subsidy Medical Plan for the eligible retirees shall be
the first of the month following retirement date.
2. A retiree may change plans, add dependents,etc., during annual open enrollment. The City shall
notify covered retirees of this opportunity each year.
3. Years of service computed for the Retiree Subsidy Medical Plan are actual years of completed
continuous regular(permanent) service with the City of Huntington Beach immediately prior to
retirement.
4. When a retiree is eligible for medical plan coverage at the expense of another employer due to
post-retirement employment of the retiree or spouse of the retiree, the retiree and their spouse
must take that coverage regardless of benefit level and shall be deleted from any City sponsored
health insurance Plan. Exceptions to this requirement are limited to the following:
a. A retiree is not required to enroll in such "other"medical insurance plan coverage if there
is significant disparity between the benefits provided by the "other" medical insurance
plan and the City sponsored health insurance plan as defined below. "Significant
disparity" means coverage available under the "other" medical plan is restrictive or
limited in one or more of the following ways:
1) No in-patient hospitalization coverage.
2) No major medical benefits.
HBFA MOU July 1,2021—December 31,2023 35
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT C—RETIREE SUBSIDY MEDICAL PLAN
3) Annual deductible is greater than or equal to $1,000 per person.
4) Major medical benefits are paid at 60% or less of covered expenses in
network.
b. The City Manager or designee will have the authority to provide additional exceptions
following review of the"other" medical insurance plan policy. Exceptions will be made
only if the"other"medical plan benefit provisions are comparable to the guidelines under
(F.4.a.) above.
c. Miscellaneous Provisions:
1) Benefits provided under the available medical insurance plan will be
coordinated with the"other" medical insurance plan as the primary carrier.
2) The City shall have the right to require any retiree to provide a copy of the
"other" medical insurance plan policy for review by the City Manager or
designee.
5. When a retiree under age 65 becomes eligible for the other group coverage and then becomes no
longer eligible, they may have the Retiree Subsidy Medical Plan reinstated for the purchase of
available health insurance.
6. Dependents of a retiree under age 65 may follow him/her into the Retiree Subsidy Medical Plan
or they may choose to exercise COBRA rights along with the retiree.
7. When a retiree becomes 65 and has eligible dependents under 65,said dependents are eligible to
exercise COBRA rights.
8. When a retiree is under 65 and their spouse is over 65, the spouse is not covered.
G. Premium payments are to be received at least one month in advance of the coverage period. Retiree
Subsidy Medical Plan and COBRA participants shall be notified of non-payment of premium by
means of a certified letter from the City in accordance with provisions of the Memorandums of
Understanding.
A retiree who fails to pay premiums due for coverage and is in arrears for sixty(60) days shall be
terminated from the plan and shall not have reinstatement rights.
H. Subsidies:
1. The subsidy payments will pay for:
a. Available health insurance plans for eligible retirees.
b. Part A of Medicare for those retirees not eligible for paid Part A.
IiBFA MOU July 1,2021—December 31,2023 36
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT C —RETIREE SUBSIDY MEDICAL PLAN
2. Subsidy payments will not pay for:
a. Part B Medicare.
b. Any other City sponsored benefit plan.
c. Any other commercially available benefit plan.
d. Medicare supplements
1. Medicare:
1. All persons are eligible for Medicare coverage at age 65. Those with sufficient credit quarters
of Social Security will receive Part A of Medicare at no cost. Those without sufficient credited
quarters are still eligible for Medicare at age 65, but will have to pay for Part A of Medicare if
the individual elects to take Medicare. In all cases, Part B of Medicare is paid for by the
participant.
2. When a retiree and their spouse are both 65 or over and neither is eligible for paid Part A of
Medicare,the subsidy shall pay for Part A for each of them or the maximum subsidy, whichever
is less.
3. When a retiree at age 65 is eligible for paid Part A of Medicare and their spouse is not eligible
for paid Part A, the spouse shall not receive subsidy. When a retiree at age 65 is not eligible for
paid Part A of Medicare and their spouse who is also age 65 is eligible for paid Part A of
Medicare, the subsidy shall be for the retiree's Part A only.
J. Cancellation:
1. For retirees/dependents eligible for paid Part A of Medicare, the following cancellation
provisions apply:
a. Coverage for a retiree under the Retiree Subsidy Medical Plan will be eliminated on the first
day of the month in which the retiree reaches age 65 whether or not the retiree applies for
Medicare coverage. If such retiree was covering dependents under the Plan, dependents will
be eligible for COBRA continuation benefits effective as of first day of the month in which
the retiree reaches age 65.
b. When one of the following occurs, dependent coverage will be eliminated:
1) After 36 months of COBRA continuation coverage, or
2) When the covered dependent reaches age 65 in the event such dependent reaches age 65
prior to the retiree reaching age 65.
2. Premium payments are to be received at least one month in advance of the coverage period.
HBFA MOU July 1,2021—Dcc=ba 3l,2023 37
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT C—RETIREE SUBSIDY MEDICAL PLAN
3. A retiree who fails to pay premiums due for coverage and is in arrears for sixty (60) days shall
be terminated from the plan and shall not have reinstatement rights.
HBFA MOU July I,2021—Dm mbu 31,2023 38
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT D—INCOME PROTECTION PLAN
This is to memorialize an agreement between the City of Huntington Beach (City) and the Huntington
Beach Firefighter's Association (HBFA) regarding authorizing the HBFA to administer its own Long
Term Disability(LTD) insurance program providing the following conditions are adhered to:
1. The City and HBFA agree that the City shall not provide a City-sponsored LTD Insurance Program
for employees represented by HBFA.
2. HBFA shall contract with an insurance provider for LTD insurance for the employees represented
by the HBFA.
3. The City shall pay to HBFA for the cost of LTD premiums not to exceed $38.00 per month per
occupied covered position represented by HBFA.
4. Non-dues paying represented employees shall be covered by the LTD Policy at the same premium
rate as dues paying represented employees.
5. City payment to HBFA is to be made for each represented employee per month based on the bi-
weekly payroll.
6. HBFA shall pay the insurance company for the cost of premiums and any charges incurred for
administering the program.
7. HBFA shall provide the City with a monthly listing of covered employees.
8. No self-funding/self-insurance of LTD benefits is permitted under this agreement.
9. HBFA shall authorize the City to have the insurance company provide documentation to the City as
follows:
a. A copy of the most current audited financial statements.
b. A copy of the latest actuarial report, which should be completed by an independent"Fellow
of the Society of Actuaries";
C. A copy of the in-force re-insurance Policy;
10. HBFA will provide a statement certifying that premiums collected are for LTD benefits for HBFA
represented employees only.
HBFA MOU July I,2021—Dcccmba 3I,2023 39
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT E—40/56-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL
LEAVE BENEFITS
(EXAMPLE)
Permanent, full-time employees shall accrue annual vacations or sick leave at their appropriate assigned
work schedule rate, either 40-hour or 56-hour workweek. The actual accrual, as reflected on their payroll
check will also reflect their actual work schedule. In the event of a change in work schedules, personnel
will have their accrual rate (Constant) and actual accrual (Accrued) change to the new schedule using the
conversion factor, .7143. Paychecks will reflect the accrual rate based on the actual work schedule, either
forty (40) or fifty-six (56) hour schedule. All maximum accruals will be modified to reflect the proper
number of hours, either 40-hour or 56-hour workweek.
EXAMPLE—CURRENT EXCEPTION
40-HOUR EXAMPLE
Paycheck stub shows 1000 hours accrued sick leave.
Employee uses 24 hours sick time.
1000 hours—24 hours= 976 hours.
56-HOUR FIREFIGHTER PARAMEDIC
Paycheck stub shows 1000 hours accrued sick leave.
Employee uses 24 hours sick time.
1000 hours—24 x .7143 = 17.1 hours=982.9 hours
('this mathematical transaction takes place for each exception.)
EXCEPTION
ALL 56-HOUR PERSONNEL
Modify to 56-hour schedule - current accrued hours divided by .7143.
40-hour rate paycheck stub indicates 1000 hours sick leave.
1000 hours divided by .7143 = 1400 hours
1400 hours would be Deflected on the employee's 56-hour workweek paycheck stub.
56-hour schedule employee uses 24-hours sick time- hours are taken hour for hour.
1400 hours—24 hours= 1376 hours remaining.
HBFA MOU July I,2021—December 31,2023 40
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT E-40/56-HOUR CONVERSION VACATION AND SICK LEAVE ACCRUAL
ACCRUAL RATE
Current 40-hour employees - sick leave accrual - 3.6923 hours per pay period.
56-hour Firefighter Paramedic employee would accrue sick leave at 5.1691 (3.6923 divided by .7143 =
5.1691) hours per pay period. This would accurately indicate accrual at the 56-hour rate.
56-HOUR EMPLOYEE ASSIGNED TO A 40-HOUR POSITION
Upon change of 56-hour Firefighter Paramedic employee to a 40-hour employee.
Accrued sick leave= 1400 hours
1400 x .7143 = 1000 hours
1000 hours would be reflected on pay check.
Sick leave accrual would return to 3.6923 per pay period
HBFA MOU July 1,2021—Decembu 31,2023 41
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT F—POLICY D-14, MINIMUM STAFFING AND FILLING OF VACANCIES
✓ Applicable Applicableo to the following personnel:
✓ Fire Administration ✓ Fire Prevention Fire Captain Firefighter Paramedic
✓ Chief Officer ✓ Fire Suppression Fire Engineer Firefighter
INTENT
To establish and maintain the minimum staffing levels for the Huntington Beach Fire Department.
DEFINITIONS
1. Apparatus - Any vehicle utilized to respond to fires, other emergencies or work assignments
that requires a California Class A, Class B, or Class B firefighter restrictive driver's license.
Fire Engine- An apparatus with fire pump, fire hose, water tank, ground ladders,
necessary firefighting equipment, and may include a "telesquirt" type ladder, but
specifically excluding aerial ladder or platform capabilities.
• Fire Truck- An apparatus that has mounted on the chassis, an aerial ladder or aerial
platform, "TRUCK COMPANY" equipment,and may include a fire pump, fire hose,and
water tank.
• Hazardous Materials (HAZMAT) Unit - An apparatus that has tools and equipment
used in the mitigation of Hazardous Materials incidents.
Paramedic Engine or Paramedic Assessment Engine - A fire engine that carries
Advanced Life Support equipment.
Paramedic Unit - Any Fire Department vehicle, other than a fire engine or fire truck,
that carries Advanced Life Support equipment.
Special Purpose Apparatus - Apparatus (as described in No. I above), not otherwise
defined in this policy and utilized for response to alarms.
2. Fire Company - A firefighting force commanded by a single Fire Captain (or a person
assigned/qualified as such).
3. In-Service - Personnel, apparatus, and/or equipment that are available for dispatch to an alarm
or actively involved in an alarm.
HBFA MOU July 1,2021—Dcccmbcr 31,2023 42
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT F—POLICY D-14, MINIMUM STAFFING AND FILLING OF VACANCIES
4. Qualified Personnel -Any Huntington Beach Fire Department employee meeting the minimum
qualifications for the position as detailed in Policy D-10 who is operating/functioning with the
approval of the on-duty Battalion Chief.
POLICY
The Duty Battalion Chief shall be responsible to ensure that each fire station and each apparatus are
fully staffed according to this policy.
A. MINIMUM STAFFING
The City of Huntington Beach (City) shall cause apparatus to be staffed with sufficient personnel to
ensure the safety of employees and the control of risk. For these purposes, the minimum staffing shall
be as follows:
1. Each Fire Company shall be staffed with a minimum of three (3)personnel and may be assigned
various firefighting or other emergency related activities, as well as routine duties. Fire
Companies are generally assigned as engine companies or truck companies when they operate
with a fire engine or fire truck apparatus. They may,however, operate without apparatus or with
more than one (1) vehicle or apparatus. When operating with more than one (1) vehicle or
apparatus,the minimum staffing requirements of this section shall be required when the vehicle
is operated on an incident scene. Apparatus responding Code 3 shall be staffed with a minimum
of two (2) persons.
2. Each in-service engine company shall be staffed with no less than one (1) Fire Captain, one (1)
Fire Engineer, and one (1) Firefighter. Any member may be a Paramedic.
a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are
available, that Fire Company may continue to respond to augment single engine alarms. A
second fully staffed engine shall be dispatched.
3. Each in-service truck company shall be staffed with no less than one (1) Fire Captain, one (1)
Fire Engineer, and two (2) Firefighters. Any member may be a Paramedic.
a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are
available, that Fire Company may continue to respond to augment single engine alarms. A
second fully staffed engine shall be dispatched.
4. Each in-service paramedic unit shall be staffed with no less than two (2) certified Paramedics.
5. Each in-service paramedic engine company shall be staffed with no less than one (1) Fire
Captain, one (1) Fire Engineer, and two (2) Firefighters. Two (2) of the members must be
certified Paramedics.
HBFA MOU July I,2021-Dca bu 31,2023 43
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT F—POLICY D-14, MINIMUM STAFFING AND FILLING OF VACANCIES
a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are
available, that Fire Company may continue to respond to augment single engine alarms. A
second fully staffed engine shall be dispatched.
6. Each in-service paramedic assessment engine company shall be staffed with no less than one(1)
Fire Captain, one (1) Fire Engineer, and one (1) Firefighter. One (1) of the members must be a
certified Paramedic.
a. In the event a Fire Company drops below minimum staffing and "Qualified Personnel" are
available, that Fire Company may continue to respond to augment single engine alarms. A
second fully staffed engine shall be dispatched.
7. Each in-service hazardous materials apparatus shall be staffed with a fire company of which the
regularly assigned personnel shall be specially trained in hazardous materials incident practices
and procedures. One or more of the personnel staffing the hazardous materials apparatus may be
assigned as technical advisors to an emergency's Incident Commander. When this occurs, the
remaining personnel may be reassigned to other companies involved in the incident or other
Hazardous Materials Joint Powers Authority providers.
8. Special purpose apparatus shall be staffed with no less than one (1) person (Fire Engineer or
Firefighter assigned/qualified as such) when responding Code 2, and with no less than two (2)
personnel (one of whom must be a Fire Engineer or a Firefighter assigned/qualified as a Fire
Engineer) when responding Code 3 to alarms.
9. Fire apparatus not considered to be in service shall not be required to have personnel assigned to
them for the purposes of this Article.
10. 'fhe minimum staffing as set forth in this Article shall be specifically and exclusively from public
safety employees of the Huntington Beach Fire Department for all routine activities and normal
shift duties. Reserve Firefighters shall not be used to meet minimum staffing levels.
a. No employee shall be assigned to more than one (1) fire-company at the same time for all
routine activities and normal shift duties.
b. Routine activities and normal shift duties shall include those emergencies that would
normally be handled by the on-duty suppression force.
C. FILLING VACANCIES
1. Employees acting in a higher classification, when properly qualified, shall be considered
equivalent to the required classification.
HBFA MOU July I,2021—December 31,2023 44
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT F—POLICY D-14, MINIMUM STAFFING AND FILLING OF VACANCIES
c. Employees acting in a higher classification shall be paid acting pay for all time worked in
the higher class when the time cumulatively exceeds two (2) hours within one (1) 24-hour
shift. Acting pay will be calculated based on the step range of the higher classification, which
provides at least a five percent range differential. For example, a Firefighter at E step who is
qualified and acts as an Engineer will be compensated at the hourly rate of a D step Engineer,
which is equal to or greater than a five percent differential.
2. Any employee assigned to serve in the capacity of Battalion Chiefs Aide shall not be utilized to
satisfy any of the minimum staffing requirements except as set forth in this Article. The BC's
Aide may be utilized to fill a position for which they are qualified to serve in cases of temporary
fill-in of four(4) hours or less.
3. Either one (1) Firefighter or one (1) Firefighter Paramedic assigned to a truck company may be
utilized for special assignments for a period not to exceed four (4) hours in a 24 hour period.
4. REPLACEMENT CALLBACK. When a vacancy exists on any apparatus, the Department will
be obligated to meet minimum staffing obligations of this Article by use of off-duty personnel
on an overtime basis. In the event an apparatus is placed out of service, those persons previously
assigned thereto may be utilized to fill any vacancy prior to the use of off-duty personnel on an
overtime basis.
5. When a vacancy exists on any apparatus, the vacancy shall be filled rank for rank based upon
the provisions of the Fire Department's Policy D-3 (Callback Staffing System).
D. NEW EQUIPMENT
1. If the City makes a managerial decision to change staffing levels provided for in the MOU, or to
utilize any new apparatus over and above that presently in use, the City and the Association shall
Meet and Confer in good faith prior to such action being implemented.
2. The Meet and Confer process/obligation shall apply to any managerial decision to eliminate any
paramedic unit(s)/van(s).
E. CHANGES 1N STAFFING
1. If either party requests a Meet and Confer, as indicated in New Equipment and Changes in
Staffing sections above,the parties shall complete the process(including any impasse procedure)
within 60 days, unless otherwise extended by mutual agreement.
HBFA MOU July I,2021—December 31.2023 45
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT G—FIREFIGHTERS' RIGHTS TO APPEAL DISCIPLINARY ACTION
The following appeals procedures are adopted pursuant to Government Code§ 3254.5 of the Firefighters
Procedural Bill of Rights Act and supersede any personnel rules to the contrary.
1. DEFINITIONS
a. The term "firefighter" means an employee who is considered a "firefighter" under
Government Code § 3251(a).
b. The term "punitive action" means any action defined by Government Code §3251(c), i.e.,
"any action that may lead to dismissal, demotion, suspension, reduction in salary, written
reprimand, or transfer for purposes of punishment."
2. APPEAL OF A PUNITIVE ACTION NOT INVOLVING DISCHARGE, DEMOTION OR
SUSPENSION OR REDUCTION IN SALARY OF A FIREFIGI-ITER
Pursuant to Government Code§ 1 1445.20,the following informal hearing procedure shall be utilized
for an appeal by a firefighter of a punitive action not involving discharge, demotion, reduction in
salary or suspension.
a. Notice of Appeal - Within fifteen(15)calendar days of receipt by a firefighter of notification
of punitive action as set forth above,the firefighter shall notify the office of the Fire Chief in
writing of the firefighter's intent to appeal the punitive action. The notice of appeal shall
specify the action being appealed and the substantive and procedural grounds for the appeal.
b. Presiding Officer- In an informal hearing, a Division Chief shall be the presiding officer. A
Division Chief shall conduct the informal hearing in accordance with these procedures and
shall make the final decision. If the Division Chief cannot serve as the hearing officer
because of actual bias,prejudice or interest as defined by Government Code §11425,40, then
the Fire Chief or their designee shall serve as the Presiding Officer and shall make the final
decision. Written reprimands adjudicated following the informal process provided herein
shall be removed from the employee's personnel file after two years if no similar occurrence
takes place within that time. If a similar occurrence takes place (as determined by the Fire
Chief) the discipline shall remain until two years have passed without such an occurrence.
c. Burden of Proof- The employer shall bear the burden of proof at the hearing.
1) If the action being appealed does not involve allegations of employee misconduct, the
limited purpose of the hearing shall be to provide the officer the opportunity to establish
a record of the circumstances surrounding the action. The Department's burden of proof
shall be satisfied if the Department establishes by a preponderance of the evidence that
the action was reasonable. The Department's burden of proof may be satisfied even
though reasonable persons may disagree about the appropriateness of the action.
HBFA MOU July I,2021—Dceember 31,2023 46
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT G —FIREFIGHTERS' RIGHTS TO APPEAL DISCIPLINARY ACTION
2) However, if the punitive action involves charges of misconduct, the Department shall
have the burden of proving by a preponderance of the evidence the facts which form the
basis for the charge and that the punitive action was reasonable under the circumstances.
d. Conduct of Hearine
1) The formal rules of evidence do not apply, although the Presiding Officer shall have
discretion to exclude evidence which is incompetent, irrelevant or cumulative, or the
presentation of which will otherwise consume undue time.
2) The parties may present opening statements.
3) The parties may present evidence through documents and testimony.
aa. Witnesses shall testify under oath.
bb. Subpoenas may be issued pursuant to Government Code §§1 1450.05- 11450.50.
4) Following the presentation of evidence, if any,the parties may submit oral and/or written
closing arguments for consideration by the hearing officer.
e. Recording of the Hearing - The hearing may be tape recorded or stenographically recorded
by a Certified Court Reporter by either party . The per diem cost of the court reporter shall
be equally borne by the parties. The cost to receive a transcript of the hearing shall be borne
by the party requesting the transcript.
f. Representation - The firefighter may be represented by an association representative and/or
attorney of his or her choice at all stages of the proceedings. All costs associated with such
representation shall be borne by the firefighter.
g. Decision - The decision shall be in writing pursuant to Government Code §1 1425.50. The
decision shall be served personally or by first class mail, postage pre-paid, upon the
firefighter as well as their attorney or representative, shall be accompanied by an affidavit or
certificate of mailing, and shall advise the firefighter that the time within which judicial
review of the decision may be sought is governed by Code of Civil Procedure § 1094.6.
3. APPEAL OF A DISCIPLINARY DECISION INVOLVING DISCHARGE, REDUCTION IN
SALARY, DEMOTION OR SUSPENSION OF A FIREFIGHTER
a. In those instances where the procedures in Government Code §§ 11400, et seq. are
inapplicable to an administrative appeal, the administrative appeal shall be conducted in
accordance with Chapter 5 (commencing with Section 1 1500) of Part 1 of Division 3 of Title
2 of the California Government Code.
b. Notice of Discipline as Accusation - The final notice of discipline which may be issued at
the conclusion of any pre-disciplinary procedures shall serve as the Accusation as described
in Government Code §§ 11500, et seq. Pursuant to Government Code section 3254,
subsection (0, the discipline shall not be effective sooner than 48 hours of issuance of the
final notice of discipline.
HBFA MOU July],2021—13==bv31,2023 47
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT G—FIREFIGHTERS' RIGHTS TO APPEAL DISCIPLINARY ACTION
The notice shall be prepared and served in conformity with the requirements of Government
Code §§11500, et seq. A copy of Chapter 5 (commencing with Section 11500) of Part I of
Division 3 of Title 2 of the California Government Code shall be provided to the firefighter
concurrently with the notice of discipline.
c. Notice of Defense/Request for Hearing - Within 15 calendar days after service of the
accusation the respondent may file with the office of the Fire Chief a notice of defense in
which the respondent may:
I) Request a hearing;
2) Object to the accusation upon the ground that it does not state acts or omissions upon
which the agency may proceed;
3) Object to the form of the accusation on the ground that it is so indefinite or uncertain that
the respondent cannot identify the transaction or prepare a defense;
4) Admit the accusation in whole or in part;
5) Present new matter by way of defense;
6) Object to the accusation upon the ground that, under the circumstances,compliance with
the requirements of a regulation would result in a material violation of another regulation
enacted by another department affecting substantive rights;
Within the time specified respondent may file one or more notices of defense upon any or all
of these grounds but all of these notices shall be filed within that period unless the agency in
its discretion authorizes the filing of a later notice.
The respondent shall be entitled to a hearing on the merits if the respondent files a notice of
defense, and the notice shall be deemed a specific denial of all parts of the accusation not
expressly admitted. Failure to timely file a notice of defense shall constitute a waiver of
respondent's right to a hearing, but the agency in its discretion may nevertheless grant a
hearing. Unless objection is taken as provided in Government Code Section 11506, all
objections to the form of the accusation shall be deemed waived.
The notice of defense shall be in writing signed by or on behalf of the respondent and shall
state the respondent's mailing address. It need not be verified or follow any particular form.
d. Administrative Law Judge- Pursuant to Government Code § 11512,the City has determined
that appeals shall continue to be heard by the Personnel Commission with the administrative
law judge presiding at the hearing, pursuant to Government Code § 11512(b). The
administrative law judge shall rule on the admission and exclusion of evidence and advise
the Personnel Commission on matters of law. The Personnel Commission shall exercise all
other powers relating to the conduct of the hearing pursuant to pre-established Huntington
Beach Rules. The process contemplated in this subsection may be "reopened"for discussion
after three years.
HBFA MOU July I,2021-Dm mba 31,2023 48
HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION
EXHIBIT G—FIREFIGHTERS' RIGHTS TO APPEAL DISCIPLINARY ACTION
e. Time and Place of Hearing - Pursuant to Government Code § 11508, unless otherwise
decided by the Personnel Commission, a hearing shall be conducted at City Hall at a time to
be determined by the Personnel Commission.
f. Notice of the Hearing - Notice of the hearing shall be provided to the parties pursuant to
Government Code § 11509.
g. The Personnel Commission may recommend to sustain, reduce, or rescind the disciplinary
action taken where evidence produced in the hearing warrants such recommendation. The
standard at the hearing shall be "Just Cause." In all instances, the Personnel Commission
shall certify copies of its findings and decision to the City Manager, the department head
from whose action the appeal was made, and the appellant employee. The Board's decision
shall be final. Requests for reconsideration by the Personnel Commission shall be governed
by Government Code §1 1527.
The decision shall be in writing. The decision shall be served personally or by first class
mail, postage pre-paid, upon the firefighter as well as their attorney or representative, and
shall be accompanied by an affidavit or certificate of mailing. Judicial review of the decision
may be sought pursuant to Government Code § 11523 and the Code of Civil Procedure.
h. In the event California Law cited herein is modified, these rules shall also be automatically
modified in accordance thereto.
HBFA MOU July I,2021-Dwemba 31,2023 49
Res. No. 2021-68
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on December 21, 2021 by the following vote:
AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick
NOES: None
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California