HomeMy WebLinkAboutCity Council - 2021-67 RESOLUTION NO. 2021-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION (FMA)
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 Fire Management Association (FMA), 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 o7/s'�'day of sCk ur fx�2021.
AND AP ED &-AN
Mayor
City Manager
?APPROVED AS TO F
City Attorney AND APPROVED
'umt,?oltt--,
Director of Administrative Services
21-10698/271728
R&-NOcuT7cn/ N0. -?ozl- low �rtiaiT%q
Memorandum of Understanding
Between
Huntington Beach
Fire Management Association
And
City of Huntington Beach
ps-
July 1 , 2021 - December 31 , 2023
MEMORANDUM OF UNDERSTANDING
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
PREAMBLE.................................................................................................................... 1
ARTICLE I -TERM OF MOU .........................................................................................1
ARTICLE 11 - REPRESENTATIONAL UNIT...................................................................1
ARTICLEIII - SEVERABILITY.......................................................................................1
ARTICLE IV- MANAGEMENT RIGHTS........................................................................2
ARTICLE V- SALARY SCHEDULES AND RETIREMENT...........................................2
A. MONTHLY COMPENSATION.................................................................................................... 2
B. PERFORMANCE BONUS ........................................................................................................ 2
C. CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM(CALPERS) PICK-UP......................... 3
D. SELF FUNDED SUPPLEMENTAL RETIREMENT BENEFIT............................................................ 4
E. MEDICAL INSURANCE UPON RETIREMENT.............................................................................. 5
F. CALPERS ADDITIONAL BENEFITS .............................�........................................................... 5
G. DIRECT DEPOSIT.................................................................................................................. 6
ARTICLE VI - ADDITIONAL MANAGEMENT BENEFITS...........................................
A. HOLIDAY PAY-IN-LIEU......... ...................................4... ........................................464.......4...44.6
B. BILINGUAL SKILL PAY...........................................................................................6...........6... 7
C. EDUCATION INCENTIVE PAY.................................................................................................. 7
D. EMERGENCY MEDICAL TECHNICIAN PAY...............................................................6................ 8
E. STRIKE TEAM LEADER PAY........................................................................................6.......... 8
F. LONGEVITY PAY................................................................................................................... 8
ARTICLE VII — UNIFORMS .....................................6.6_.................................................9
ARTICLE VIII —WORK SCHEDULE/COMPENSATORY PAY/TIME OFF.......66............9
A. WORK SCHEDULE ...................................................................................................6............ 9
B. COMPENSATORY PAY..........................................................................................6................ 9
1. Prior Approval to Earn Compensatory Time....................................................................................9
2. Prior Approval to Work any Hours in Addition to Regular Schedule..............................................10
3. Description of Compensatory Benefits...........................................................................................10
ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS..........................4......10
A. HEALTH............................................................................................................................. 10
1. Effective Date of Coverage......................................................................................6.....................10
FMA MOU July 1, 2021 through December 31, 2023 Page i
MEMORANDUM OF UNDERSTANDING
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
2. California Public Employees' Retirement System (CaIPERS) Public Employees' Medical and
HospitalCare Act (PEMHCA) ........................................................................................................11
a. PEMHCA Employer Contributions.............................................................................................11
b. Maximum Employer Contributions.............................................................................................11
3. Dental Insurance............................................................................................................................12
4. Retiree(Annuitant)Coverage........................................................................................................13
a. City Contribution (Unequal Contribution Method) for Retirees..................................................13
b. Termination of Participation in the CaIPERS PEMHCA Program— Impact to Retirees............13
5. Additional Costs for Participation in the PEMHCA Program..........................................................13
a. Retiree and/or Annuitant Coverage...........................................................................................13
b. Termination Clause....................................................................................................................14
6. Medical Opt-Out.............................................................................................................................15
B. SECTION 125 EMPLOYEE PLAN........................................................................................... 15
C. POST RETIREMENT MEDICAL SAVINGS PLAN........................................................................ 15
D. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT ........................................................... 15
E. LONG TERM DISABILITY INSURANCE.................................................................................... 15
F. RETIREE MEDICAL TRUST.................................................................................................... 16
G. MISCELLANEOUS................................................................................................................... 18
1. City Paid Premiums While on Medical Disability...........................................................................18
2. Insurance and Benefits Advisory Committee.................................................................................18
3. Health Plan Over-Payments ..........................................................................................................18
a. Reduction of Employee's Bi-Weekly Salary Warrant................................................................16
b. Notice of Ineligible Dependents.................................................................................................18
c. Twelve Month Recovery Period.................................................................................................18
ARTICLE X LEAVE BENEFITS.................................................................................... 19
A. GENERAL LEAVE................................................................................................................ 19
1. Accrual...........................................................................................................................................19
2. Eligibility and Approval...................................................................................................................19
3. Conversion to Cash........................................................................................................................20
B. SICK LEAVE....................................................................................................................... 20
1. Accrual...........................................................................................................................................19
2. Credit..............................................................................................................................................20
3. Usage.............................................................................................................................................20
4. Family Sick Leave..........................................................................................................................20
5. Pay Off At Termination...................................................................................................................20
C. BEREAVEMENT LEAVE........................................................................................................ 22
ARTICLE XI — CITY RULES.........................................................................................22
FMA MOU July 1, 2021 through December 31, 2023 Page ii
MEMORANDUM OF UNDERSTANDING
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
TABLE OF CONTENTS
ARTICLE XII — MISCELLANEOUS ..............................................................................23
A. VEHICLE POLICY................................................................................................................ 23
B. DEFERRED COMPENSATION LOAN PROGRAM....................................................................... 23
C. ASSOCIATION BUSINESS..................................................................................................... 23
D. MODIFIED RETURN TO WORK POLICY.................................................................................. 24
E. CONTROLLED SUBSTANCE AND ALCOHOL TESTING.............................................................. 24
F. GRIEVANCE HEARING OFFICER FEES .................................................................................. 24
G. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION ................................................................. 24
H. ALTERNATIVE DISPUTE RESOLUTION AGREEMENT ............................................................... 24
ARTICLE XIII — CITY COUNCIL APPROVAL..............................................................25
EXHIBIT A— SALARY SCHEDULE.............................................................................26
EXHIBIT B — SERVICE CREDIT SUBSIDY..................................................................27
EXHIBIT C — VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM ........31
EXHIBIT D — ALTERNATIVE DISPUTE RESOLUTION AGREEMENT.......................35
FMA MOU July 1, 2021 through December 31, 2023 Page iii
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
(Herein Called CITY)
AND
THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
(Hereinafter Called ASSOCIATION)
PREAMBLE
WHEREAS, the City of Huntington Beach and the Huntington Beach Fire
Management Association (FMA) have met and conferred in good faith with
respect to salaries, benefits and other terms and conditions of employment for
the employees represented by the Association;
Except as expressly provided herein, the adoption of this Memorandum of
Understanding (MOU) shall not change existing terms and conditions of
employment, which have been established for the classifications represented by
the Huntington Beach Fire Management Association.
NOW THEREFORE, this Memorandum of Understanding is effective July 1, 2021,
and it is agreed as follows:
ARTICLE I -TERM OF MOU
This Agreement shall be in effect commencing July 1, 2021, and expiring on
December31, 2023.
This MOU constitutes the entire agreement of the parties as to the changes in
wages, hours, and other terms and conditions of employment of employees
covered hereunder for the term hereof.
ARTICLE II - REPRESENTATIONAL UNIT
It is recognized that the Huntington Beach Fire Management Association is the
employee organization which has the right to meet and confer in good faith
with the City on behalf of represented employees of the Huntington Beach Fire
Department within the classification titles of Fire Division Chief, Fire Battalion
Chief, and Marine Safety Division Chief as outlined in Exhibit A attached hereto
and incorporated herein.
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
FMA MOU July 1, 2021 through December 31. 2023 Page 1
FIRE MANAGEMENT ASSOCIATION
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 resolution 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.
ARTICLE IV -MANAGEMENT RIGHTS
The City and the Fire Chief retain all rights, powers and authority to manage and
direct the performance of fire services and the workforce, except as modified
by the Memorandum of Understanding.
The parties agree that the City has the right to unilaterally make decisions on all
matters that are outside the scope of bargaining. Such matters include, but are
not limited to, consideration of the merits, necessity, level or organization of fire
services, staffing requirements, extra duty assignments, number and location of
work stations, nature of work to be performed, contracting for any work or
operation, reasonable employee performance standards, reasonable work and
safety rules and regulations.
ARTICLE V -SALARY SCHEDULES AND RETIREMENT
A. Monthly Compensation
Employees shall be compensated at hourly rates by job code and pay grade
during the term of this Agreement as set out in Exhibit A attached hereto and
incorporated herein unless expressly provided for in other Articles of this
Memorandum of Understanding.
B. Performance Bonus
Effective July 1, 2021, 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 bonus award granted by their
supervisor / manager may appeal the decision directly to the Fire Chief for
FMA MOU July 1, 2021 through December 31, 2023 Page 2
FIRE MANAGEMENT ASSOCIATION
additional consideration. After review, the Fire Chief's 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.
C. California Public Employees' Retirement System (CalPERS) Pick-up
1 . The City shall provide all safety employees described as "classic
members by the Public Employees' Pension Reform Act of 2013 -
"PEPRA" with that certain retirement program commonly known and
described as the "3V 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.
2. All "classic members" shall pay to PERS as part of the required member
retirement contribution nine percent (9%) of pensionable income.
i. Effective the beginning of the pay period that includes July 1 ,
2021 , all "classic members" shall pay four percent (4%) additional
compensation earnable as employer cost sharing, in accordance
with Government Code Section 20516(f), for a total employee
pension contribution of thirteen percent (13%). The parties agree
that this cost sharing agreement shall continue after the expiration
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.
3. The City has contracted 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).
4. The obligations of the City and the retirement rights of employees as
provided in this Article shall survive the term of this MOU.
FMA MOU July 1, 2021 through December 31, 2023 Page 3
FIRE MANAGEMENT ASSOCIATION
5. 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.
6. For "New Members" within the meaning of the California Public
Employees' Pension Reform Act of 2013 (PEPRA).
a. New Members shall be governed by the two and seven tenths
percent at age 57 (2.7% Q 57) retirement formula set forth in
Government Code section 7522.25(d).
b. 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.
c. "New members" as defined by PEPRA shall contribute one half of
the normal cost rate, as established by CaIPERS.
A. Effective the beginning of the pay period that includes
July 1, 2021 , all new 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 will pay the required PEPRA
contribution. The parties agree that this cost sharing
agreement shall continue after the expiration 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.
7. The City has adopted the CaIPERS Resolution in accordance with IRS
Code section 414(h)(2) to ensure that both the employee contribution
and the City pickup of the required member contribution are made on
a pre-tax basis. However, ultimately, the tax status of any benefit is
determined by the law.
D. Self Funded Supplemental Retirement Benefit
FMA MOU July 1, 2021 through December 31, 2023 Page 4
FIRE MANAGEMENT ASSOCIATION
Employees hired prior to August 17, 1998, are eligible for the Self Funded
Supplemental Retirement Benefit, which provides that:
1. In the event an employee elects Option #l, #2, #2W, #3, #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 employee would have received for his/her life
alone as provided in California Government Code Sections 21455,
21456, 21457, and 21548 as said referenced Government Code
sections exist as of the date of this agreement. This payment shall be
made only to the employee, shall be payable by the City during the
life of the employee, and upon that employee's death, the City
obligation shall cease. The method of funding this benefit shall be at
the sole discretion of the City. This benefit is vested for employees
covered by this agreement.
2. Employees hired on or after August 17, 1998, shall not be eligible for this
benefit.
E. Medical Insurance Upon Retirement
As required by the Government Code, while the City is contracted with
CalPERS to participate in the Public Employees' Medical and Hospital Care Act
(PEMHCA) program, retired employees (annuitants) shall have available the
ability to participate in the PEMHCA program. CalPERS shall be the sole
determiner of eligibility for retiree (annuitant) to participate in the PEMHCA
program.
The City's requirement to provide retirees (annuitants) medical coverage is
solely governed by the Government Code requirement that PEMHCA
agencies extend this benefit to retirees (annuitants). If by agreement between
the Association and the City or if the City elects to impose termination of its
participation in the PEMHCA program, retirees (annuitants) shall no longer be
eligible for City provided medical insurance.
In the event that the City terminates its participation in the PEMHCA program,
the retiree medical subsidy program in place in Resolution No. 2002-120 Exhibit
B to the Memorandum of Understanding shall be reinstated. The City shall
make any necessary modifications to conform to the new City sponsored
medical insurance plan.
F. CalPERS Additional Benefits
1 . The City shall provide all "Classic" safety employees with the retirement
program commonly known and described as the "3% at age 50 plan"
FMA MOU July 1, 2021 through December 31, 2023 Page 5
FIRE MANAGEMENT ASSOCIATION
which is based on the retirement formula as set forth in the California
Public Employees' Retirement Law, , Section 21362.2 of the California
Government Code, including the one-half continuance option
(Government Code Sections 21263 and 21263.1) for safety employees
and the Fourth Level of the 1959 survivor option for all employees as
established by the California Public Employees' Retirement Law, Section
21574 of the California Government Code.
2. The City shall continue to contract with CalPERS 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).
3. The obligations of the City and the retirement rights of employees as
provided in this Article shall survive the term of this MOU.
4. Employees shall be covered by the Pre-Retirement Optional Settlement
2 Death Benefit as provided in Government Code Section 21548
G. Direct Deposit
All unit employees shall be required to utilize direct deposit of payroll
checks.
ARTICLE VI -ADDITIONAL MANAGEMENT BENEFITS
A. Holiday Pay-In-Lieu
Employees shall be compensated by the City in lieu of the ten (10) listed
holidays at the rate of 3.0768 hours multiplied by the employee's hourly rate
set forth in Exhibit A, payable each and every pay period. The following
are the recognized legal holidays under this MOU:
l. New Year's Day (January 1)
2. Martin Luther King's Birthday (third Monday in January)
3. President's Day (third Monday in February)
4. Memorial Day (last Monday in May)
5. Independence Day (July 4)
6. Labor Day (first Monday in September)
7. Veteran's Day (November 11)
8. Thanksgiving Day (fourth Thursday in November)
9. Friday after Thanksgiving
10. Christmas Day (December 25)
FMA MOU July 1, 2021 through December 31, 2023 Page 6
FIRE MANAGEMENT ASSOCIATION
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.
Holidays which fall on Sunday shall be observed the following Monday, and
those falling on Saturday shall be observed the preceding Friday.
Employees designated by the Fire Chief who are required to work regular
shifts on the above listed holidays as set forth in this Article, shall not be
entitled to time off or additional pay.
The parties agree, 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 (o)(5) Holiday Pay.
B. Bilingual Skill Pav
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. Human
Resources 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.
C. Education Incentive Pay
Employees who have attained a Master's Degree or successfully
completed the United States Fire Administration Executive Fire Officer
Program (EFOP) shall receive education incentive pay of three percent
(3%) of their base rate of pay.
FMA MOU July 1, 2021 through December 31, 2023 Page 7
FIRE MANAGEMENT ASSOCIATION
The City supports employee participation in the EFOP. The City will provide
each participating employee, upon EFOP program acceptance, full
payment of each required program course, time to attend the course for
each required program year, and travel expense to attend the required
course for each program year.
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.
D. Emergency Medical Technician Pay
All employees in the unit who possess an Emergency Medical Technician
(EMT) certification shall receive one and sixty seven one hundredths
percent (1 .67%) of base rate of pay.
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.
E. Strike Team Leader Pay
Employees who successfully complete the required Incident Command
System (ICS) training courses and Position Task Books as outlined in the
California Incident Command Certification System (CICCS) Incident
Qualifications Guide, and are certified as a Strike Team Leader Engine
through the sponsoring Operational Area Peer Review Committee will
receive one percent (1%) of their base rate of 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.
F. Longevity Pay
All employees with the following full time, paid employment as a Firefighter
shall receive the following longevity pay:
1 . 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 A.
FMA MOU July 1, 2021 through December 31, 2023 Page 8
FIRE MANAGEMENT ASSOCIATION
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
A.
3. Twenty (20) years or more of service shall receive longevity pay equal
to 7.5% of base salary as set forth in Exhibit A.
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.
ARTICLE VII - UNIFORMS
The City agrees to provide uniforms to employees on active duty who are
required to wear uniforms. For each eligible employee, the City will report to the
CalPERS the average annual cost of uniforms provided by the City as special
compensation in accordance with Title 2, California Code of Regulations, Section
571(a)(5). For employees who are not actively employed for an entire payroll
calendar year, a prorated cost of uniforms shall apply. 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 CoIPERS.
ARTICLE Vill -WORK SCHEDULE/COMPENSATORY PAY/TIME OFF
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. Total hours worked in a calendar year will
equal two thousand nine hundred and twelve (2912) hours.
All twenty-four (24) hour shift employees shall be on a fifteen (15) 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. Total hours worked in a calendar year will
equal two thousand eighty (2080) hours.
FMA MOU July 1, 2021 through December 31, 2023 Page 9
FIRE MANAGEMENT ASSOCIATION
B. Compensatory Pay
l. Prior approval to accrue compensatory time
All employees must gain approval from the Fire Chief in advance of
accruing compensatory time. For approved compensatory time,
employees working suppression or administrative duties, as approved
by the Fire Chief, accrue compensatory time off at time and one half
for hours worked in addition to their regular schedule, subject to the
limitations contained in Article VII.B.3. below.
2. Prior approval to work any hours in addition to regular schedule
Battalion Chiefs must gain approval to work any hours that are in
addition to their regular schedule in advance from a Division Chief.
Division Chiefs must gain approval to work any hours that are in
addition to their regular schedule in advance from the Fire Chief.
3. Description of Compensatory Pay Benefits
a. Compensatory pay is paid at the forty (40) hour hourly rate for
each hour.
b. Compensatory time earned can be converted to cash at the
employee's forty (40) hour hourly rate.
c. Maximum accrual shall be one hundred sixty (160) hours.
ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS
A. Health
The City shall continue to make available group medical, dental, and vision
benefits to all Association employees. A copy of the medical, dental, and
vision plan brochures may be obtained from the Human Resources Division.
1. Effective Date of Coverage
An employee and eligible dependent(s) shall become eligible to
participate in the City's health insurance plans described herein. 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
FMA MOU July 1, 2021 through December 31, 2023 Page 10
FIRE MANAGEMENT ASSOCIATION
end of the month in which the employee separates from employment. All
employee contributions shall be deducted on a pre-tax basis.
2. California Public Employees' Retirement System (CaIPERS) Public
Employees' Medical and Hospital Care Act (PEMHCA)
The City presently contracts with CaIPERS to provide medical coverage.
The City is required under CaIPERS PEMHCA to make a contribution to
retiree medical premiums. A retiree's right to receive a City contribution,
and the City's obligation to make payment on behalf of retirees, shall only
exist as long as the City contracts with CaIPERS for medical insurance,
except as provided in Article VIII(4)(b). In addition, while the City is in
CaIPERS, its obligations to make payments on behalf of retirees shall be
limited to the minimum payment required by law.
a. PEMHCA Employer Contributions
The City shall contribute on behalf of each employee the mandated
minimum sum per month toward the payment of premiums for medical
insurance under the PEMHCA program. As the mandated minimum is
increased, the City shall make the appropriate adjustments by
decreasing its flex benefits contribution accordingly as defined in the
following sub-section.
b. Maximum Employer Contributions
For the term of this agreement, the City's maximum monthly employer
contribution for each employee's health and other insurance premiums
are set forth as follows:
i. The maximum City contribution shall be based on the employee's
enrollment in each plan. The parties agree that the mandated
minimum PEMHCA contribution referenced above in paragraph
2a is included in the sums stated above in this sub-section. If the
employee enrolls in a plan wherein the costs exceed the City
contribution, the employee is responsible for all additional
premiums through pre-tax payroll deductions.
ii. Effective January 1, 2022, the City's maximum monthly contribution
shall be:
1. Single - $745.83
2. Two Party- $1,468.95
3. Family - $1,837.83
FMA MOU July 1, 2021 through December 31, 2023 Page 11
FIRE MANAGEMENT ASSOCIATION
iii. Effective January 1, 2023, the City's maximum monthly contribution
shall be:
1. Single - $769.16
2. Two Party - $1,492.28
3. Family - $1,861.16
iv. Any increase in premiums above the City's 2023 contribution cap
will be the responsibility of the employee.
3. Dental Insurance
The annual maximum benefit for the Delta Dental PPO plan is $2000.
a. Effective January 1 , 2022, the maximum City contribution shall be
equivalent to the premium for the Delta Dental PPO plan based on
the employee's enrollment of employee only ("EE"), employee
plus one dependent ("EE+1"), or employee plus two or more
dependents ("EE+2").
b. Effective January 1, 2023, the City contribution shall not increase.
Any increase in premiums above the City's current contribution
cap will be the responsibility of the employee.
The City's maximum monthly employer contributions for health and other
insurance premiums are summarized in the tables below. The amounts are
inclusive of the CalPERS statutory minimum amount.
Table 1 . FMA Health Contributions Effective January 1, 2022
Maximum City Contributions
Tier Medical Dental Dental Vision
PPO HMO
Single 745.83 58.00 26.54 23.87
Two-Party 1,468.95 108.40 45.12 23.87
Family 1,837.83 142.90 69.01 23.87
Opt-out 745.83 -
FMA MOU July 1, 2021 through December 31, 2023 Page 12
FIRE MANAGEMENT ASSOCIATION
Table 2. FMA Health Contributions Effective January 1 , 2023
Maximum City Contributions
Tier Medical Dental Dental Vision
PPO HMO
Single 769.16 58.00 26.54 23.87
Two-Party 1,492.28 108.40 45.12 23.87
Family 1,861 .16 142.90 69.01 23.87
Opt-out 769.16 -
4. Retiree (Annuitant) Coverage
As required by the Government Code retired employees (annuitants)
shall have available the ability to participate in the PEMHCA program.
The City's requirement to provide retirees and/or annuitants medical
coverage is solely governed by the Government Code requirement to
extend this benefit to retirees (annuitants). While the City is contracted
with CaIPERS to participate in the PEMHCA program, CaIPERS shall be
the sole determiner of eligibility for retiree and/or annuitant to
participate in the PEMHCA program.
a. City Contribution (Unequal Contribution Method) for Retirees
As allowed by the Government Code and the CaIPERS Board, and
requested by the Association, the City shall use the Unequal
Contribution Method to make the mandated minimum allowable
City contribution on behalf of each retiree or annuitant.
b. Termination of Participation in the CaIPERS PEMHCA program -
Imoact to Retirees
The City's requirement to provide retirees (annuitants) medical
coverage is solely governed by the Government Code requirement
that PEMHCA agencies extend this benefit to retirees (annuitants).
If by agreement between the Association and the City or if the City
elects to impose termination of its participation in the PEMHCA
program, retirees (annuitants) shall no longer be eligible for City
provided medical insurance.
In the event that the City terminates its participation in the PEMHCA
program, the retiree medical subsidy program in place per
FMA MOU July 1, 2021 through December 31, 2023 Page 13
FIRE MANAGEMENT ASSOCIATION
Resolution No. 2002-120, Exhibit 8, to the Memorandum of
Understanding shall be reinstated. The City shall make any
necessary modifications to conform to the new City sponsored
medical insurance plan.
5. Additional Costs for Participation in the PEMHCA Program
a. Retiree and/or Annuitant Coverage
The Association shall pay to the City an amount equal to $1.00 per
month for each additional retiree and/or annuitant in the bargaining
unit who elects to participate in the PEMHCA plan but is not
participating in the City sponsored retiree medical program as of the
beginning of a pay period after the PEMHCA program is in place.
Each January 1s1 the amount per month paid to the City for each
retiree and/or annuitant described above shall increase by the
amount PEMHCA requires the City to pay on behalf of each retiree
(annuitant). Article VIII (A) (4) (a) above provides an example of
expected payments per retiree or annuitant per month.
In the event of passage of state legislation,judicial rulings, or CaIPERS
board actions that increases the mandatory minimum monthly
contribution for retirees (annuitants), the Association shall pay an
equal amount to the City.
Payments shall be made the first of the month (following
implementation). If the Association fails to make timely payments for
two consecutive months, the City shall implement a decrease in the
supplemental benefit contribution to health insurance for each unit
employee by an amount equal to the total increased cost paid by
the City. (For example, if the increased cost for retirees equals $6,000
per year, the monthly supplemental benefit for each employee will
be decreased as follows: $6,000 divided by twelve (months) = $500,
which is then divided by the number of employees receiving
supplemental benefits).
b. Termination Clause
The City and Association may each request termination of the City's
contract with CalPERS after the announcement of state legislation,
judicial rulings, or a CaIPERS board action that changes the
employer's contribution, insurance premiums or program changes to
the CaIPERS medical plan.
FMA MOU July 1, 2021 through December 31, 2023 Page 14
FIRE MANAGEMENT ASSOCIATION
The City and Association may elect to terminate its participation in
the CalPERS PEMHCA program by mutual agreement through the
meet and confer process between the Association and the City.
6. 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 as taxable
compensation, the cash equivalent of the single-party maximum City
contribution, paid bi-weekly.
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.
B. Section 125 Employee Plan
The City shall provide an Internal Revenue Code Section 125 employee plan
that allows employees to use pre-tax salary to pay for regular childcare, adult
dependent care and/or medical expenses as determined by the Internal
Revenue Code.
C. Life and Accidental Death and Dismemberment
Each employee shall be provided with $50,000 (fifty thousand) life insurance
and $50,000 (fifty thousand) accidental death and dismemberment
insurance paid for by the City. Each employee shall have the option, at their
own expense, to purchase additional amounts of life insurance and
accidental death and dismemberment insurance to the extent provided by
the City's current providers. Evidence of insurability is contingent upon total
participation in additional amounts.
D. Long Term Disability Insurance
This program provides, for each incident of illness or injury, a waiting period of
thirty (30) calendar days, during which the employee may use accumulated
sick leave, general leave, or the employee may elect to be in a non-pay
status. Subsequent to the thirty (30) day waiting period, the employee will be
FMA MOU July 1, 2021 through December 31, 2023 Page 15
FIRE MANAGEMENT ASSOCIATION
covered by an insurance plan paid for by the City, providing 66 2/3% (sixty six
and two-third percent) of the first $12,500 (twelve thousand five hundred) of
the employee's basic monthly earnings.
The maximum benefit period for disability due to accident or sickness shall be
to age 65 (sixty-five).
Days and months refer to calendar days and months. Benefits under the plan
are integrated with sick leave, Worker's Compensation, Social Security and
other non-private program benefits to which the employee may be entitled.
Disability is defined as: "The inability to perform all of the duties of regular
occupation during two years, and thereafter the inability to engage in any
employment or occupation, for which he is fitted by reason of education,
training or experience." Rehabilitation benefits are provided in the event the
individual, due to disability, must engage in another occupation. Survivor's
benefit continues plan payment for three (3) months beyond death. A copy
of the plan is on file in the Human Resources Division.
E. Retiree Medical Trust (RMT)
The City authorizes the FMA to participate in a retiree medical plan
administered by the PORAC Retiree Medical Trust, with the following
conditions:
1. The City and FMA agree that the City shall not provide any contribution
to the program.
2. Effective 10/01/2020, City shall withhold $100.00 per month for each
represented employee. Thereafter, said withholding shall be in an
amount as designated in writing by FMA. 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. The withholding could change
and if it does, it shall be in an amount as designated in writing by the
FMA. Deductions shall be taken on the first two checks of each month.
4. FMA shall pay all associated expenses incurred to participate in this
program.
5. Upon request, the FMA shall provide documentation to the City as
follows:
a. A copy of the in-force employee medical welfare benefit trust
fund program;
FMA MOU July 1, 2021 through December 31, 2023 Page 16
FIRE MANAGEMENT ASSOCIATION
b. A statement certifying that funds collected are for employee
welfare medical benefits for FMA 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 FMA.
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. FMA 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 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.
FMA MOU July 1, 2021 through December 31,2023 Page 17
FIRE MANAGEMENT ASSOCIATION
G. Miscellaneous
1 . City Paid Premiums While on Medical Disability
When an employee is off work without pay for reason of medical
disability, the City shall maintain the City paid employee's insurance
premiums during the period the employee is in a non-pay status for the
length of said leave, not to exceed twenty-four (24) months.
2. Insurance and Benefits Advisory Committee
The City and the Association participate in a City-wide joint labor and
management insurance and benefits advisory committee to discuss
and study issues relating to insurance benefits available for employees.
3. Health Plan Over-Payments
Unit employees shall be responsible for accurately reporting the
removal of ineligible dependents from health plan coverage. The City
shall have the right to recover any premium paid by the City, on behalf
of ineligible dependents. Recovery of such over-payments shall be
made as follows:
a. Reduction of Employee's Bi-Weekly Salary Warrant
The employee's bi-weekly salary warrant shall be reduced by one-
half (1/2) of the amount of the bi-weekly over-payment. Such
reduction shall continue until the entire amount of the over-
payment is recovered.
b. Notice of Ineligible Dependents
The City shall use its best efforts to advise all unit employees of their
obligation to report changes in the status of dependents, which
affect their eligibility.
c. Twelve Month Recovery Period
The City shall be entitled to recover a maximum of twelve (12)
months of premium over-payments. Neither the employee nor the
dependent shall be liable to the City other than as provided herein.
FMA MOU July 1, 2021 through December 31, 2023 Page 18
FIRE MANAGEMENT ASSOCIATION
ARTICLE X - LEAVE BENEFITS
A. General Leave
1. Accrual
Employees accrue General Leave at the accrual rates outlined below.
General Leave may be used for any purpose, including vacation, sick
leave and personal leave. Employees shall accrue General Leave at
their appropriate assigned work schedule rate, either forty (40) hour or
fifty six (56) hour workweek. In the event of a change in work
schedules, which must be at the beginning of a pay period, payroll
shall change the accrued General Leave balance and accrual rate
based on the new schedule using the conversion factor of .7143.
Personnel who change from a fifty-six (56) hour schedule to a forty (40)
hour schedule shall multiply the existing General Leave by .7143.
Personnel who change from a forty (40) hour schedule to a fifty-six (56)
hour schedule shall divide their existing General Leave by .7143.
General Leave General Leave
Years of Service Accrual Accrual
40-Hour Rate 56-Hour Rate
First through Fourth Year 176 Hours 246.4 Hours
Fifth through Ninth Year 200 Hours 280.0 Hours
Tenth through Fourteenth Year 224 Hours 313.6 Hours
Fifteenth Year and Thereafter 256 Hours 358.4 Hours
2. Eligibility and Approval
General Leave must be pre-approved; except for illness, injury or family
sickness, which may require a physician's statement for approval.
Accrued General Leave may not be taken prior to six (6) months'
service except for illness, injury or family sickness. General Leave
accrued time is to be computed from hiring date anniversary.
Employees shall not be permitted to take General Leave in excess of
actual time earned. Employees on a forty (40) hour schedule shall not
accrue General Leave in excess of six hundred forty (640) hours; fifty-
six (56) hour employees shall not accrue General Leave in excess of
eight hundred and ninety six (896) hours.
General Leave accumulated in excess of six hundred forty (640) hours
for forty (40) hour schedule employees and General Leave
accumulated in excess of eight hundred and ninety six (896) hours for
FMA MOU July 1, 2021 through December 31, 2023 Page 19
FIRE MANAGEMENT ASSOCIATION
fifty-six (56) hour employees shall be paid at the base hourly rate of
pay, on the first pay day following such accumulation.
Employees may not use their General Leave to advance their
separation date on retirement or other separation from employment.
3. Conversion to Cash
Twice during each fiscal year, each employee shall have the option
to convert into a cash payment up to a total of one hundred twenty
(120) hours of earned General Leave benefits. The employee shall give
two (2) weeks advance notice of their desire to exercise such option.
B. Sick Leave
1. Accrual
No employee shall accrue sick leave.
2. Credit
Employees assigned to FMA shall carry forward their sick leave
balance and shall no longer accrue sick leave credit.
3. Usage
Employees may use accrued sick leave for the some purposes for
which it was used prior to the employee's assignment to FMA.
i
4. Family Sick Leave
The City will provide family and medical care leave for eligible
employees that meet all requirements of State and Federal law. Rights
and obligations are set forth in the Department of Labor Regulations
implementing the Family Medical Leave Act (FMLA), and the
regulations of the California Fair Employment and Housing Commission
implementing the California Family Rights Act (CFRA).
5. Pay Off At Termination
a. Employees covered by this agreement and on the payroll on
November 20, 1978, shall be entitled to the following sick leave
payoff plan:
FMA MOU July 1, 2021 through December 31. 2023 Page 20
FIRE MANAGEMENT ASSOCIATION
At involuntary termination by reason of industrial or non-industrial
disability, or by death, or by retirement, employees shall be
compensated at their then current rate of pay for seventy-five
percent (75%) of all unused sick leave accumulated as of July 1,
1972, plus fifty percent (50%) of unused sick leave accumulated
subsequent to July 1, 1972, up to a maximum of seven hundred
twenty (720) hours of unused, accumulated sick leave, except as
provided in paragraph 4 below.
Upon termination for any other reason, employees shall be
compensated at their current forty (40) hour equivalent rate of
pay for fifty percent (50%) of all unused, accumulated sick leave.
The maximum number of hours paid off at termination will be a
total of seven hundred twenty (720) hours.
Example:
Employee has one thousand nine hundred twenty (1920) hours of
accrued sick leave. 1920 hours X 50% = 960 hours. Maximum pay
off is seven hundred twenty (720) hours. Pay off = 720 hours X
employee's current forty (40) hour equivalent pay rate.
b. Employees hired after November 20, 1978, shall be entitled to the
following sick leave payoff plan:
Upon termination, all employees shall be paid, at their then
current forty (40) hour equivalent rate, for twenty-five percent
(25%) of unused, earned sick leave to four hundred eighty (480)
hours accrued, and for thirty-five percent (35%) of all unused,
earned sick leave in excess of four hundred eighty (480) hours, but
not to exceed seven hundred twenty (720) hours, except as
provided in paragraph 4 below.
c. Except as provided in paragraph 4 below, no employee shall be
paid at termination for more than seven hundred twenty (720)
hours of unused, accumulated sick leave. However, employees
may utilize accumulated sick leave on the basis of "last in, first out"
meaning that sick leave accumulated in excess of the maximum
for payoff may be utilized first for sick leave, as defined in
Personnel Rule 18-8.
d. Employees who had unused, accumulated sick leave in excess of
seven hundred twenty (720) hours as of July 5, 1980, shall be
compensated for such excess sick leave remaining on termination
under the formulas described in paragraphs a and b above. In
FMA MOU July 1, 2021 through December 31, 2023 Page 21
FIRE MANAGEMENT ASSOCIATION
no event shall any employee be compensated upon termination
for any accumulated sick leave in excess of the "cap" established
by this paragraph (i.e., 720 hours plus the amount over seven
hundred twenty (720) hours existing on July 5, 1980). Employees
may continue to utilize sick leave accrued after that date in
excess of such "cap" on a "last in, first out" basis.
e. To the extent that any "capped" amount of excess sick leave over
seven hundred twenty (720) hours is utilized, the maximum
compensable amount shall be correspondingly reduced.
(Example: Employee had one thousand (1,000) hours
accumulated. Six months after July 5, 1980, employee has
accumulated another forty eight (48) hours. Employee is then sick
for one hundred (120) hours. Employee's maximum sick leave
"cap" for compensation at termination is now reduced by
seventy two (72) hours to nine hundred twenty-eight (928) hours.
C. Bereavement Leave
Employees assigned to the forty (40) hour work week shall be entitled to
Bereavement Leave not to exceed thirty (30) work hours in each instance
of death in the immediate family.
Employees assigned to the fifty-six (56) hour work week for suppression
assignments shall be entitled to Bereavement Leave not to exceed forty-
eight (48) work hours in each instance of death in the immediate family.
Immediate family is defined as father, mother, sister, brother, spouse,
registered domestic partner, children, grandfather, grandmother,
stepfather, stepmother, step grandfather, step grandmother,
grandchildren, stepsisters, stepbrothers, mother-in-law, father-in-law, son-in-
law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of
which the employee is the legal guardian.
ARTICLE XI - CITY RULES
The City's Personnel Rules are incorporated into this Agreement by reference as
though set forth in full. All City Personnel Rules shall apply to Association members,
however, to the extent this MOU modifies the City's Personnel rules, the Personnel
Rules as modified will apply to Association members.
FMA MOU July 1, 2021 through December 31, 2023 Page 22
FIRE MANAGEMENT ASSOCIATION
ARTICLE XII -- MISCELLANEOUS
A. Vehicle Policv
1. Approval is required by the City Manager or their designee for any City
vehicle to be taken home by an employee.
2. The auto allowance for qualifying employees shall be one hundred
sixty-one dollars and fifty-three cents ($161.53) bi-weekly.
3. The monthly automobile allowance shall not be reduced during the
term of this agreement.
4. Eligibility for automobile allowance and the use of City vehicles shall
be determined in accordance with the Administrative Regulation,
Vehicle Use Policy and the City's Fleet Management Program.
5. Only employees that reside within thirty five (35) miles of the City's limits
may be assigned a City vehicle.
An employee assigned a vehicle may be required to be able to report
directly to work or any emergency situation, at the direction of the Fire
Chief or their designee. Use of the assigned vehicle for more than
minimal personal use is not authorized.
Employees assigned a City vehicle pursuant to this section shall
participate in the DMV Pull Notice program.
B. Deferred Compensation Loan Program
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, pursuant to program standards and
regulations.
C. Association Business
An allowance of fifty (50) hours per year shall be established for the purpose
of allowing authorized representatives of the Association to represent
employees in their employment relations.
FMA MOU July 1, 2021 through December 31, 2023 Page 23
FIRE MANAGEMENT ASSOCIATION
D. Modified Return To Work Policv
The City and Association agree to meet and confer during the term of this
agreement to establish a modified return to work policy for employees who
experience an industrial or non-industrial injury or illness.
E. Controlled Substance and Alcohol Testing
The City maintains the right to conduct a controlled substance and/or
alcohol test during working hours of any employee that it reasonably
suspects is under the influence of alcohol or a controlled substance in the
workplace.
F. Grievance Hearing Officer Fees
The City and Association agree that for any personnel matter, pursuant to
Personnel Rules 19 and 20, whereby a hearing officer is mutually agreed
upon to render an opinion, the hearing officer costs shall be shared equally
by the City and Association.
G. EmDloyer-Employee Relations Resolution
During the term of this agreement, the City and the Association agree to
meet and confer to update the Employer Employee Relations Resolution to
reflect current state law.
H. Alternative Dispute Resolution Agreement
The Alternative Dispute Resolution (ADR) agreement between the City and
FMA as executed on April 1, 2013, and amended on December 16, 2019, is
herein referenced as Exhibit D.
FMA MOU July 1, 2021 through December 31, 2023 Page 24
FIRE MANAGEMENT ASSOCIATION
ARTICLE XIII - 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 adopted by
Resolution of the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this s?t!�day of 2021 .
0401H HUNTINGTON B ACH
A A SOCIATION
- --e__ - A � '-, I
Oliver Chi Martin rt
City Manager FMA Presid t
Travis s Hopkins itTim An
Assistant City Manager FMA V' e resident
Brittany Mello
Interim Administrative Services
Director
Scott Haberle
Fire Chief
APPROVED A
ich el Gates �1,I
Cit Attorney ,wJ
FMA MOU July 1, 2021 through December 31, 2023 Page 25
FIRE MANAGEMENT ASSOCIATION
EXHIBIT A - SALARY SCHEDULE
Effective the Beginning of the Pay Period Including July 1 , 2021
40 Hour Rafe (Hourly)
Job No Job Description Range A 8 C D ! F G
31 Fire Battalion Chief 248 65.41 68.68 72.12 75.72 79.51 83.48 87.66
26 Fire Division Chief 262 75.19 78.95 82.90 87.04 91.39 95.96 100.76
32 Marine Safety Division Chief 221 50.00 52.50 55.13 57.88 60.78 63.82 67.01
56 Hour Rate (Hourly)
Job No Job Description Range A B C D ! F G
31 Fire Battalion Chief 248 46.72 49.06 51.51 54.09 56.79 59.63 62.61
26 Fire Division Chief 262 53.71 56.39 59.21 62.17 65.28 68.54 71.97
32 Marine Safety Division Chief 221 35.71 37.50 39.38 41.34 43.41 45.58 47.86
Monthly Rate
Job No Job Description Range A ! C D E F G
Fire Battalion 11,338.01 11,904.91 12,500.15 13.125.16 13,781.42 14,470.49 15,194.01
31 Chief 248
26 Fire Division 262 13,032.75 13,684.38 14,368.60 15,087.03 15,841.38 16,633.45 17,465.12
Chief
32 Marine Safety 221 8,666,82 9,100.16 9,555.16 10,032.92 10,534.57 11,061.30 11,614.36
Division Chief
FMA MOU July 1, 2021 through December 31, 2023 Page 26
FIRE MANAGEMENT ASSOCIATION
EXHIBIT B - SERVICE CREDIT SUBSIDY
An employee who has retired from the City and meets the plan participation
requirements shall receive a monthly Service Credit Subsidy to reimburse the retiree
for the payment of qualified medical expenses incurred for the purchase of
medical insurance.
Plan Participation Requirements
1. At the time of retirement the employee has a minimum of ten (10) years
of continuous regular (permanent) City service or is granted an industrial
disability retirement; and
2. At the time of retirement, the employee is employed by the City; and
3. Following official separation from the City, the employee is granted a
retirement allowance by the California Public Employees' Retirement
System (CaIPERS).
The City's obligation to pay the Service Credit Subsidy as indicated shall
be modified downward or cease during the lifetime of the retiree upon
the occurrence of any one of the following:
a. On the first of the month in which a retiree or dependent reaches age
sixty five (65) or on the date the retiree or dependent can first apply
and become eligible, automatically or voluntarily, for medical
coverage under Medicare (whether or not such application is made)
the City's obligation to pay Service Credit Subsidy may be adjusted
downward or eliminated.
b. In the event of the death of an eligible employee, whether retired or
not, the amount of the Service Credit Subsidy benefit which the
deceased employee was eligible for at the time of their death, shall
be paid to the surviving spouse or dependent for a period not to
exceed twelve (12) months from the date of death.
4. Minimum Eligibility for Benefits
With the exception of an industrial disability retirement, eligibility for
Service Credit Subsidy begins after an employee has completed ten (10)
years of continuous regular (permanent) service with the City of
Huntington Beach. Said service must be continuous unless prior service
is reinstated at the time of their rehire in accordance with the City's
Personnel Rules.
FMA MOU July 1,2021 through December 31, 2023 Page 27
FIRE MANAGEMENT ASSOCIATION
EXHIBIT B - SERVICE CREDIT SUBSIDY
To receive the Service Credit Subsidy retirees are required to purchase
medical insurance from City sponsored plans. The City shall have the
right to require any retiree (annuitant) to annually certify that the retiree
is purchasing medical insurance benefits.
5. Disability Retirees
Industrial disability retirees with less than ten (10) years of service shall
receive a maximum monthly payment toward the premium for health
insurance of $120 (one hundred twenty). Payments shall be in
accordance with the stipulations and conditions, which exist for all
retirees.
6. Service Credit Subsidy
Payment shall not exceed dollar amount, which is equal to the qualified
medical expenses incurred for the purchase of City sponsored medical
insurance.
7. Maximum Monthly Service Credit Subsidy Payments
All retirees, including those retired as a result of disability whose number
of years of service exceeds ten (10) continuous years of regular
(permanent) service immediately prior to retirement shall be entitled to
a maximum monthly Service Credit Subsidy by the City for each year of
completed City service as follows:
FMA MOU July 1, 2021 through December 31, 2023 Page 28
FIRE MANAGEMENT ASSOCIATION
EXHIBIT B - SERVICE CREDIT SUBSIDY
Maximum Service Credit Subsidy Retirements After:
Service Credit
Years of Service Subsidy
10 $ 120
11 135
12 150
13 165
14 180
15 195
16 210
17 225
18 240
19 255
20 270
21 285
22 299
23 314
24 329
25 344
The Service Credit Subsidy will be reduced every January is' by an
amount equal to any required amount to be paid by the City on
behalf of the retiree (annuitant). Article VIII(A)(4)(a) provides an
example of expected reductions per retiree per month.
8. Medicare
a. All persons are eligible for Medicare coverage at age 65. Those with
sufficient credited quarters of Social Security will receive Part A of
Medicare at no cost. Those without sufficient credited quarters are
still eligible for Medicare at age 65, but will have to pay for Part A of
Medicare if the individual elects to take Medicare. In all cases, the
participant pays for Part B of Medicare.
b. When a retiree and their spouse are both 65 or over, and neither is
eligible for paid Part A of Medicare, the Service Credit Subsidy shall
pay for Part A for each of them or the maximum subsidy, whichever
is less.
FMA MOU July 1, 2021 through December 31, 2023 Page 29
FIRE MANAGEMENT ASSOCIATION
EXHIBIT B - SERVICE CREDIT SUBSIDY
c. When a retiree at age 65 is eligible for paid Part A of Medicare and
their spouse is not eligible for paid Part A of Medicare, the spouse
shall not receive the 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.
9. Cancellation
a. For retirees/dependents eligible for paid Part A of Medicare, the
following cancellation provisions apply:
i. Coverage for a retiree under the Service Credit Subsidy Plan will
be eliminated on the first day of the month in which the retiree
reaches age 65.
ii. At age 65 retirees are eligible to make application for Medicare.
Upon being considered "eligible to make application," whether or
not application has been made for Medicare, the Service Credit
Subsidy Plan will be eliminated.
FMA MOU July 1, 2021 through December 31, 2023 Page 30
FIRE MANAGEMENT ASSOCIATION
EXHIBIT C —VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
Guidelines
1. Purpose
The purpose of the voluntary catastrophic leave donation program is to
bridge employees who have been approved leave time to either; return to
work, long-term disability, or medical retirement. Employees who accrue
Vacation, General Leave or Exempt Compensatory Time may donate such
leave to another employee when a catastrophic illness or injury befalls that
employee or because the employee is needed to care for a seriously ill
family member. The Leave Donation Program is Citywide across all
departments and is intended to provide an additional benefit. Nothing in
this program is intended to change current policy and practice for use
and/or accrual of Vacation, General, or Sick Leave.
2. Definitions
Catastrophic Illness or Injury - A serious debilitating illness or injury, which
incapacitates the employee or an employee's family member.
Family Member - For the purposes of this policy, the definition of family
member is that defined in the Family Medical Leave Act (child, parent,
spouse or domestic partner).
3. Eligible Leave
Accrued Exempt Compensatory Time, Vacation or General Leave hours
may be donated. The minimum donation an employee may make is two
(2) hours and the maximum is forty (40) hours.
4. Eligibility
Permanent employees who accrue Vacation or General Leave may
donate such hours to eligible recipients. Exempt Compensatory Time
accrued may also be donated. An eligible recipient is an employee who:
• Accrues Vacation or General Leave;
• Is not receiving disability benefits or Workers' Compensation payments;
and
• Requests donated leave.
5. Transfer of Leave
The maximum donation credited to a recipient's leave account shall be the
amount necessary to ensure continuation of the employee's salary during
the employee's period of approved catastrophic leave. Donations will be
voluntary, confidential and irrevocable. Hours donated will be converted
FMA MOU July 1, 2021 through December 31, 2023 Page 31
FIRE MANAGEMENT ASSOCIATION
EXHIBIT C —VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
into a dollar amount based on the hourly wage of the donor. The dollar
amount will then be converted into accrued hours based on the recipient's
hourly wage.
An employee needing leave will complete a Leave Donation Request Form
and submit it to the Department Director for approval. The Department
Director will forward the form to Human Resources for processing. Human
Resources, working with the department, will send out the request for leave
donations.
Employees wanting to make donations will submit an Authorization for
Donation to Payroll in the Finance Department.
All donation forms submitted to payroll will be date stamped and used in
order received for each bi-weekly pay period. Multiple donations will be
rotated in order to insure even use of time from donors. Any donation form
submitted that is not needed will be returned to the donor.
Other
Please contact the Human Resources Division on questions regarding staff
participation in this program.
FMA MOU July 1, 2021 through December 31, 2023 Page 32
FIRE MANAGEMENT ASSOCIATION
EXHIBIT C — VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
Voluntary Catastrophic leave Donation Program
Leave Request Form
Requestor, Please Complete
According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby
request
donated Vacation, General Leave or Exempt Compensatory Time.
MY SIGNATURE CERTIFIES THAT:
A Leave of absence in relation to a catastrophic illness or injury has been approved by
my department: and
1 am not receiving disability benefits or Workers' Compensation payments.
IN ame: (Please Print or Type: Last, First MI)
ork Phone: Department:
ob Title: Employee ID#:
Requester Signature: Date:
Department Director Signature of Support: rDate:
Human Resources Division-Use Only
End donation date will bridge to: End donation date:
❑ Long Term Disability
❑ Medical Retirement beginning
❑ Length of FMLA leave ending
❑ Return to work
dministrative Services Director Signature: Date signed:
Please return this form to the Human Resources Office for processing.
FMA MOU July 1, 2021 through December 3', 2023 Page 33
FIRE MANAGEMENT ASSOCIATION
EXHIBIT C — VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
Voluntary Catastrophic Leave Donation Program
Leave Donation Form
Donor, please complete
Donor Name: (Please Print or Type: Last, First, MI)
I ork Phone:
Donor Job Title:
,Type of Accrued Leave: Number of Hours I wish to Donate:
❑ Vacation Hours of Vacation
❑ Compensatory Time Hours of Exempt Compensatory Time
In General Leave Hours of General Leave
I understand that this voluntary donation of leave credits, once processed, is
irrevocable; but if not needed, the donation will be returned to me. I also
understand that this donation will remain confidential.
I wish to donate my accrued Vacation, Exempt Compensatory Time or General Leave
hours to the Leave Donation Program for:
Eligible recipient employee's name (Last, First, MI):
Donor Signature: Date:
Please submit to Payroll In the Finance Department.
FMA MOU July 1, 2021 through December 31, 2023 Page 34
FIRE MANAGEMENT ASSOCIATION
EXHIBIT D - ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
LABOR MANAGEMENT WORKERS' COMPENSATION ALTERNATIVE DISPUTE RESOLUTION
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE FIRE MANAGEMENT
ASSOCIATION
This Labor Management Alternate Dispute Resolution Agreement ("Agreement") entered
into by and between the City of Huntington Beach ("City") and the Fire Management
Association ("FMA") is created pursuant to California Labor Code Section 3201 .7(a)(3)(c).
Nothing in this Agreement diminishes the entitlement of an employee to compensation
payments for total or partial disability, temporary disability, or medical treatment fully
paid by the employer as otherwise provided in Division 4 of the Labor Code. Nothing in
this Agreement denies to any employee the right to representation by counsel at all
stages during the alternative dispute resolution process.
Article I. Purpose
The purposes of this Agreement are:
1. To provide active employees claiming compensable injuries under Division 4 of
the California Labor Code ("Workers' Compensation Law") with an expedited
procedure to resolve medical disputes in accordance with Article IV, Section D
of this Agreement to facilitate their prompt return to work at either full duties or
a transitional duty assignment;
2. To provide retirees claiming a presumptive injury as defined by California Labor
Code (hereinafter "Labor Code") section 3212 et seq. with an expedited
procedure to resolve medical disputes in accordance with Article IV, Section D
of the Agreement;
3. To reduce the number and severity of disputes between the City and covered
employees, when those disputes relate to workers' compensation; and
4. To provide workers' compensation coverage in a way that improves labor
management relations, improves organizational effectiveness, and reduces
costs to the City.
These purposes will be achieved by utilizing an exclusive list of medical providers to be
the sole and exclusive source of medical evaluations for disputed issues surrounding
covered employees in accordance with California Labor Code Section 3201 .7(c).
Now, therefore, in consideration of the mutual terms, covenants and conditions herein,
the parties agree as follows:
Article II. Term of Agreement
FMA MOU July 1, 2021 through December 31, 2023 Page 35
FIRE MANAGEMENT ASSOCIATION
EXHIBIT D — ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
The City and FMA enter into this Agreement with the understanding that the law
authorizing this Agreement is new, untested and evolving. The parties further understand
that this Agreement governs a pilot program and that it will become effective after it is
executed by the parties, submitted to the Administrative Director of the State of
California, Department of Industrial Relations, Division of Workers' Compensation in
accordance with Title 8, California Code of Regulations, Section 10202(d), and accepted
by the Administrative Director as evidenced by the Director's letter to the parties
indicating approval of the Agreement. This Agreement shall be in effect for eighteen
(18) months from the date of the implementation of the program. Thereafter, it shall be
reviewed and, if found to be effective will continue and remain in force from year to year
unless terminated by either party. Any claim arising from an industrial injury sustained
before the termination of this Agreement shall continue to be covered by the terms of
this Agreement, until all medical issues related to the pending claim are resolved. Any
medical issue resolved under this Agreement shall be final and binding.
The parties reserve the right to terminate this Agreement at any time for good cause, by
mutual agreement or by act of the legislature. The terminating party must give thirty (30)
days written notice to the other party. The parties agree to meet and confer in good
faith to try and resolve the issues underlying the termination during the thirty day period
prior to the termination of the Agreement. Upon termination of this Agreement, the
parties shall become fully subject to the provisions of the California law to the some extent
as they were prior to the implementation of this Agreement, except as otherwise
specified herein.
Article III. Scope of Agreement
A. This Agreement applies only to injuries, as defined by Workers' Compensation Law,
claims by 1) active employees; 2) retirees who claim a presumptive injury as
defined by California Labor Code Section 3212 et seq.; and 3) active employees
who file a claim and subsequently retire before the claim is resolved. Retirees who
filed claims while they were active employees are covered under this Agreement
only for the purposes of petitions to reopen a pre-existing claim unless covered
under A(2). This Agreement does not apply to any other retired employees. This
Agreement does not cover post-retirement amendments to active claims.
B. Employees who are covered under this Agreement remain covered during the
entire period of active employment.
C. Injuries occurring and claims filed after termination of this Agreement are not
covered by this Agreement.
D. This Agreement is restricted to establishing an exclusive list of medical providers to
be used for medical dispute resolution for the above-covered employees in
accordance with California Labor Code Section 3201.7(c).
Article IV. Medical Provider
FMA MOU July 1, 2021 through December 31, 2023 Page 36
FIRE MANAGEMENT ASSOCIATION
EXHIBIT D - ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
A. This Agreement does not constitute a Medical Provider Network ("MPN").
Physicians who act as a covered employee's independent medical examiner
("IME") under this Agreement shall not act as the some employee's treating
physician even if the physician has been pre-designated as the employee's
treating physician, unless otherwise mutually agreed by the parties. Pre-designation
of a physician must comply with the requirements set forth in Labor Code section
4600(d)(1).
B. All employees with a disputed medical issue as described below in Section D must
be evaluated by an approved physician from the exclusive list of approved
medical providers. Said physician will serve as an IME. If the IME needs the opinion
of a different specialist, the IME shall refer the employee to a physician of the IME's
choice even if that doctor is not on the approved list. The exclusive list of approved
medical providers will be established when the Agreement has been approved by
all parties.
C. The exclusive lists of approved medical providers shall include the specialties as
agreed upon by the parties.
D. An IME shall be used for all medical disputes that arise in connection with a workers'
compensation claim including but not limited to determination of causation, the
nature and extent of an injury, the nature and extent of permanent disability and
apportionment, work restrictions, ability to return to work, including transitional duty,
future medical care, and resolution of all disputes arising from utilization review,
including need for spinal surgery pursuant to Labor Code section 4062(b). The
parties will use the originally chosen IME for all subsequent disputes under this
Agreement. In the event that said IME is no longer available, then the parties shall
utilize the next specialist on the list pursuant to Article IV G d (below). The IME
process will begin when either party gives the other written notice of an objection.
Objections from the City will be sent to the employee with a copy to the employee's
legal representative if represented and a copy to FMA. Objections from the
employee or employee's legal representative will be sent to the employee's
assigned Claims Examiner with a copy to the Claims Manager. Objections will be
sent within thirty days of receipt of a medical report or a utilization review decision.
A letter delaying decision of the claim automatically creates a dispute. A
subsequent acceptance of the claim and/or resolution of the dispute issue
eliminates the need for completion of the dispute resolution process set forth in this
Agreement.
E. The exclusive list of approved medical providers shall serve as the exclusive source
of medical-legal evaluations as well as all other disputed medical issues arising from
a claimed injury.
FMA MOU July 1, 2021 through December 31, 2023 Page 37
FIRE MANAGEMENT ASSOCIATION
EXHIBIT D - ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
F. The parties hereby agree that from time to time the exclusive list of approved
medical providers may be amended. For either party to add an IME to the
exclusive list of medical providers, the party must provide notice, in writing, to the
other party of its intent to add a physician to the list. Absent a written objection to
the other party within thirty (30) calendar days of receipt of the written proposal,
the addition will be made. In the event there is an objection, the physician will not
be added to the list. A physician may only be deleted from the exclusive list of
medical providers if they breach the terms and conditions of the contract with the
City or by mutual agreement of the parties.
G. Appointments.
a. The Claims section of i the Workers' Compensation Division shall make
appointment(s) with the IME within ten days of the date of the objection
and/or notification of delay for employees covered under this Agreement.
b. The employee shall be responsible for providing the Claims staff with their
work schedule prior to an appointment being made so that appointments
can be made during an employee's nonworking hours or the first or last hour
of their workday. The amount of time allotted for hours spent at a physician's
appointment during working hours will be subject to verification and will be
allowed accordingly.
c. Mileage reimbursement to covered employees shall be consistent with City
policy and in accordance with Labor Code Section 4600 (e)(2) unless
transportation is provided by the City.
d. For purposes of appointments, the Claims staff will select the IME's by starting
with the first name from the exclusive list of approved medical providers within
the pertinent specialty, and continuing down the list, in order, until the list is
exhausted, at which time the Claims staff will resume using the first name on
the list.
e. The City is not liable for the cost of any medical examination used to resolve
the parties' disputes governed by this Agreement where said examination is
furnished by a medical provider that is not authorized by this Agreement.
Medical evaluations cannot be obtained outside of this Agreement for
disputes covered by this Agreement.
f. Both parties shall be bound by the opinions and recommendation of the IME
selected in accordance with the terms of this Agreement.
H. Industrial Disability Retirements
a. The City and FMA recognize that the ADR process can also be utilized to
obtain a competent medical opinion as it relates to determining an
employee's eligibility for an Industrial Disability Retirement (IDR), pursuant to
California Government Code Sections 21154 and 21 156(a)(2).
FMA MOU July 1, 2021 through December 31, 2023 Page 38
FIRE MANAGEMENT ASSOCIATION
EXHIBIT D —ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
b. Pursuant to the guidelines outlined in Article IV of this Agreement, the City and
the FMA shall meet and confer to identify an agreed-upon listing of IMEs to
serve as the competent medical examiner in reviewing the employee's
eligibility for an IDR.
I. Use of IME When Medical Disputes Exist
a. An IME shall be used for all medical disputes that arise in connection with a
workers' compensation claim, including but not limited to determination of
causation, the nature and extent of an injury, the nature and extent of
permanent disability and apportionment, work restrictions, ability to return to
work, including transitional duty, future medical care, and resolution of all
disputes arising from utilization review, including need for spinal surgery
pursuant to Labor Code Section 4062(b).
b. Furthermore, City and FMA agree that IME reports will be admissible in any
proceeding and / or hearing involving an injured employee.
Article V. Discovery
A. Employees covered by this Agreement shall provide the Claims staff with fully
executed medical, employment and financial releases and any other
documents reasonably necessary for the City to resolve the employee's claim,
when requested.
B. The parties agree they have met and conferred on the language of the
medical/financial/employment releases to be used under this Agreement. If
said releases cause undue delay and/or unforeseen adverse impact(s) to the
City and/or the FMA and/or its members, then either party may request a meet
and confer regarding said under delay and/or adverse impact(s). The parties
shall meet and confer within 30 days of a party's request to meet and confer.
C. Employees shall cooperate in providing a statement.
D. This Agreement does not preclude a formal deposition of the applicant or the
physician when necessary. Attorney's fees for employee depositions shall be
covered by Labor Code section 5710. There will be no attorney's fees for
doctor's depositions.
Article VI. General Provisions
A. The Agreement constitutes the entire understanding of the parties and
supersedes all other Agreements, oral or written, with respect to the subject
matter in this Agreement.
B. This Agreement shall be governed and construed pursuant to the laws of the
State of California.
FMA MOU July 1, 2021 through December 31,2023 Page 39
FIRE MANAGEMENT ASSOCIATION
EXHIBIT D - ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
C. This Agreement, including all attachments and exhibits, shall not be amended,
nor any provisions waived, except in writing, signed by the parties which
expressly refers to this Agreement.
D. If any portion of this Agreement is found to be unenforceable or illegal the
remaining portions shall remain in full force and effect.
E. Notice required under this Agreement shall be provided to the parties as follows:
F. In the event that there is any legal proceeding between the parties to enforce
or interpret this Agreement or to protect or establish any rights or remedies
hereunder, the prevailing party shall be entitled to its costs and expenses,
including reasonable attorney's fees.
FMA MOU July 1, 2021 through December 31, 2023 Page 40
Res. No. 2021-67
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