HomeMy WebLinkAboutCity Council - 2021-72 RESOLUTION NO. 2021-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE HUNTINGTON BEACH MARINE SAFETY MANAGEMENT
ASSOCIATION (MSMA)AND THE CITY FOR JANUARY 1, 2022 THROUGH
DECEMBER 31, 2024
The City Council of the City of Huntington Beach does resolve as follows:
The Memorandum of Understanding between the City of Huntington Beach and the
Huntington Beach Marine Safety Management Association(MSMA), 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 January 1, 2022 through December 31, 2024.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
special meeting thereof held on the 21st day of December .
Mayor
(VI E AN AP •VED: APPROVED AS TO FORM:
y Manager City Attorney KV
INITIATED AND APPROVED:
Director of Administrative Services
21-10736/272197
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Memorandum of Understanding
Between
Marine Safety Management Association
and
City of Huntington Beach
January 1 , 2022 — December 31 , 2024
MARINE SAFETY OFFICERS' ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
PREAMBLE1 ..................................................................................................................1
ARTICLEI - TERM OF MOU............................................................................................1
ARTICLE II - REPRESENTATIONAL UNIT/CLASSIFICATIONS....................................1
ARTICLE III - MANAGEMENT RIGHTS...........................................................................2
ARTICLE IV - EXISTING CONDITIONS OF EMPLOYMENT...........................................2
ARTICLE V - SALARY SCHEDULES..............................................................................2
ARTICLE VI - SPECIAL PAY...........................................................................................2
A. PERFORMANCE BONUS..................................................................................................... 2
B. EDUCATION......................................................................................................................3
C. ACTING ASSIGNMENT PAY ................................................................................................4
D. CERTIFICATION PAY .........................................................................................................4
E. HOLIDAY PAY................................................................................................................... 5
1. Holidays Worked............................................................................................................................... 5
2. Holiday Pay In-Lieu...........................................................................................................................5
F. BILINGUAL SKILL PAY .......................................................................................................6
G. EFFECTIVE DATE OF SPECIAL PAY.....................................................................................6
H. NO PYRAMIDING OF SPECIAL PAY .....................................................................................6
I. REPORTING TO PERS...................................................................................................... 6
ARTICLE VII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT.............................6
A. GENERAL POLICY.............................................................................................................6
B. AFFECTED EMPLOYEES ....................................................................................................7
C. PERSONAL PROTECTIVE EQUIPMENT.................................................................................7
D. EMPLOYEE RESPONSIBILITIES...........................................................................................7
E. REPORTABLE TO CALIPERS..............................................................................................7
ARTICLE VIII - HOURS OF WORK/OVERTIME..............................................................8
A. WORK SCHEDULE.............................................................................................................8
B. HOURS OF WORK DEFINED............................................................................................... 8
C. OVERTIME/COMPENSATORY TIME ..................................................................................... 8
1. Paid Overtime..................................................................................................................................8
2. Compensatory Time.........................................................................................................................8
3. Court Time.......................................................................................................................................9
a. Court Standby..............................................................................................................................9
b. Court Appearance ....................................................................................................................... 9
D. STANDBY......................................................................................................................... 9
F. ON-CALL..........................................................................................................................9
MSMA MOU January 1,2022—December 01,2024 1
MARINE SAFETY MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS ...................................10
A. HEALTH ......................................................................................................................... 10
1. CalPERS PEMHCA.......................................................................................................................10
a. PEMHCA Employer Contributions............................................................................................. 10
b. Maximum Employer Contributions............................................................................................ 10
c. Ocean Lifeguard Specialist Contributions..................................................................................11
2. Dental Insurance............................................................................................................................ 11
c. Ocean Lifeguard Specialist Contributions..................................................................................11
3. Retiree (Annuitant) Coverage........................................................................................................ 12
a. City Contribution (Unequal Contribution Method) for Retirees.................................................. 12
b. Termination of Participation in the CaIPERS PEMHCA Program - Impact to Retirees ............ 12
4. Additional Costs for Participation in the PEMHCA program.......................................................... 12
a. Retiree and/or Annuitant Coverage........................................................................................... 12
b. Termination Clause...................................................................................................................13
B. MEDICAL CASH-OUT....................................................................................................... 13
C. SECTION 125 EMPLOYEE PLAN ....................................................................................... 14
D. LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT(AD&D) INSURANCE........................ 14
E. LONG TERM DISABILITY INSURANCE ................................................................................ 14
ARTICLEX - RETIREMENT...........................................................................................15
A. CALIPERS SAFETY"CLASSIC" MEMBER RETIREMENT BENEFITS ....................................... 15
1. CaIPERS Safety"Classic Member'Retirement Formula..............................................................15
2. CalPERS Safety"Classic Member'Final Compensation..............................................................15
3. CaIPERS Safety"Classic Member'Contribution ..........................................................................15
4. CaIPERS Safety"Classic Member'Cost Sharing..........................................................................15
B. CALIPERS SAFETY"NEW MEMBER" RETIREMENT BENEFITS............................................. 15
1. CaIPERS Safety"New Member' Retirement Formula...................................................................15
2. CaIPERS Safety"New Member'Final Compensation................................................................... 17
3. CaIPERS Safety"New Member' Retirement Contribution.............................................................17
4. CaIPERS Safety"New Member'Cost Sharing..............................................................................17
C. IRS CODE SECTION 414(H)(2) ........................................................................................... 17
D. SELF FUNDED SUPPLEMENTAL RETIREMENT BENEFIT.......................................................... 17
E. HEALTH SAVINGS ACCOUNT FOR POST RETIREMENT MEDICAL BENEFITS.............................. 17
F. PRE-RETIREMENT OPTIONAL SETTLEMENT 2 DEATH BENEFIT.............................................. 17
G. 1959 SURVIVORS' BENEFIT LEVEL IV.................................................................................. 17
H. MEDICAL INSURANCE FOR RETIREES .................................................................................. 17
ARTICLE XI - LEAVE BENEFITS ..................................................................................17
A. GENERAL LEAVE ............................................................................................................ 17
1. Purpose..........................................................................................................................................17
2. Anniversary Date...........................................................................................................................17
3. Accrual...........................................................................................................................................17
4. Eligibility and Approval.................................................................................................................... 18
5. Leave Conversion to Cash .............................................................................................................18
6. Deferred Compensation/Leave Cash-Out...................................................................................... 18
7. Pay-Off at Separation from Employment........................................................................................ 19
MSMA MOU January 1,2022—Decomber 31,2024 11
MARINE SAFETY MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
B. VACATION...................................................................................................................... 19
1.Accrual............................................................................................................................................19
2. Eligibility and Permission................................................................................................................19
C. SICK LEAVE ................................................................................................................... 19
D. FAMILY LEAVE BENEFIT ENTITLEMENTS........................................................................... 19
E. BEREAVEMENT LEAVE ....................................................................................................20
F. VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM................................................ 20
ARTICLE XII - CITY RULES...........................................................................................20
ARTICLE XIII - MISCELLANEOUS................................................................................20
A. SALARY UPON APPOINTMENT..........................................................................................20
B. PHYSICAL EXAMINATIONS ............................................................................................... 20
C. CONDITIONING TIME....................................................................................................... 20
D. 1,500 HOUR RECURRENT EMPLOYEES............................................................................ 21
E. COLLECTION OF PAYROLL OVERPAYMENTS ..................................................................... 21
F. GRIEVANCE HEARING COST SHARING ............................................................................. 21
G. PERSONNEL RULE 19 MODIFICATION............................................................................... 21
H. UPDATE EMPLOYEE-EMPLOYER RELATIONS RESOLUTION(EERR).................................... 21
I. MODIFIED RETURN TO WORK POLICY.............................................................................. 22
J. CONTROLLED SUBSTANCE AND ALCOHOL TESTING .......................................................... 22
ARTICLE XIV - CITY COUNCIL APPROVAL................................................................23
EXHIBIT A - MSMA SALARY SCHEDULE....................................................................24
EXHIBIT B - SERVICE CREDIT SUBSIDY PLAN .........................................................25
EXHIBIT C - MODIFICATIONS TO EMPLOYEE - EMPLOYER RELATIONS
RESOLUTION...........................................................................................28
EXHIBIT D - MODIFICATIONS TO PERSONNEL RULE 19 .........................................30
EXHIBIT E -VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM...........33
MSMA MOU January 1,2022—Docember 31,2024 111
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF HUNTINGTON BEACH
(Hereinafter called CITY)
and
THE HUNTINGTON BEACH MARINE SAFETY MANAGEMENT ASSOCIATION
(Hereinafter called ASSOCIATION or MSMA)
PREAMBLE
WHEREAS, pursuant to California law, the City and the representatives of the Association,
a duly recognized employee association, have met and conferred in good faith and reached
a full agreement concerning wages, hours, and other terms and conditions of employment.
WHEREAS, except as otherwise expressly provided herein, all terms and conditions of this
Agreement shall apply to all employees represented by the Association, and
WHEREAS, the representatives of the City and Association desire to reduce their
agreements to writing,
NOW THEREFORE, this Memorandum of Understanding is made, to become effective
January 1, 2022, and it is agreed as follows:
ARTICLE I —TERM OF MOU
This Memorandum of Understanding shall be in effect for a term commencing on January
1, 2022, and ending at midnight on December 31, 2024. No further improvements or
changes in the salaries and monetary benefits of the employees represented by the
Association shall take effect during the term of this agreement, and the Association
expressly waives any right to request any improvements or changes in salaries or monetary
benefits for the employees represented by the Association which would take effect prior to
December 31, 2024, and the City of Huntington Beach, through its representatives, shall
not be required to meet and confer as to any such request.
ARTICLE II — REPRESENTATIONAL UNIT/CLASSIFICATIONS
It is recognized that the Marine Safety Management Association is the employee
organization, which has the right to meet and confer in good faith with the City on behalf of
the employees of the Huntington Beach Fire Department within the following classification
and assignment titles:
Marine Safety Battalion Chief
Marine Safety Captain
Ocean Lifeguard Specialist (permanent 3/4-time position)
MSMA MOU January 1,2022—December 31,2024 1
MARINE SAFETY MANAGEMENT ASSOCIATION
ARTICLE III — MANAGEMENT RIGHTS
The parties agree that the City has the right to unilaterally make decisions on all matters
outside the scope of bargaining. Furthermore, except as expressly abridged or modified
herein, the City retains all rights, powers and authority with respect to the management and
direction of the performance of marine safety services and the work forces performing such
services, provided that nothing herein shall change the City's obligation to meet and confer
as to the effects of any such management decision upon wages, hours and terms and
conditions of employment or be construed as granting the Fire Chief or the City the right to
make unilateral changes in wages, hours, and terms and conditions of employment. Such
rights include, but are not limited to, consideration of the merits, necessity, level or
organization of City services, including establishing staffing requirements, overtime
assignments, number and location of work stations, nature of work to be performed,
contracting for any work or operation, reasonable employee performance standards,
including reasonable work and safety rules and regulations in order to maintain the
efficiency and economy desirable for the performance of City services. The parties agree
to meet and confer during the term of this agreement on revisions, changes, modifications
and additions to the Personnel Rules and/or Department Rules when requested by City.
ARTICLE IV— EXISTING CONDITIONS OF EMPLOYMENT
Except as otherwise expressly provided herein, the adoption of this Memorandum of
Understanding shall not change existing benefits and terms and conditions of employment
which have been established in prior Memoranda of Understanding between the City and
the Association.
ARTICLE V— SALARY SCHEDULES
For each year of this MOU, the base salary of each classification represented by the
Association shall be as set forth in the Salary Schedules, Exhibit A. All employees are
required to utilize direct deposit of payroll checks. The City shall issue each employee
direct deposit advice (payroll receipt) each pay period that details all income,
withholdings, and deductions.
ARTICLE VI — SPECIAL PAY
A. Performance Bonus
1 . Every member who has advanced through all salary steps A-G are eligible for an
annual merit bonus of up to three percent (3%) of their base rate of pay, or prorated
three-quarter (3/4) amount for the Ocean Lifeguard Specialist. The annual merit
bonus amount will be determined based upon the evaluation of the employee's
performance. A completed performance evaluation with specific recognition of
outstanding performance in accordance with the Fire Department's Leadership
MSMA MOU January 1,2022—Docambor 31,2024 2
MARINE SAFETY MANAGEMENT ASSOCIATION
Intent document must be attached to the Personnel Action Form and sent to the
Human Resources Division. The evaluation will also identify performance goals and
objectives.
Employees who disagree with the performance bonus award granted by their
supervisor I manager may appeal the decision directly to the Fire Chief for 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.
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 I — Any employee who has attained an Associate Degree, or attained
Junior status in a degree program, shall receive educational incentive pay of
three percent (3%) of their base rate of pay.
b. Level II — Any employee who has attained a Bachelor's Degree shall receive
education incentive pay of six percent (6%) of their base rate of pay.
c. Maximum Education Incentive Pay—The maximum education incentive pay an
employee may receive is six percent 6% of their base rate of pay. An employee
may only receive this education incentive pay for one degree.
r
d. Degree Majors — Degree majors will be reviewed and approved by the Fire
Chief to ensure that it will enhance the employee's ability to do their job. For
current employees seeking additional degrees, the course of study will be
reviewed and approved by the Fire Chief in advance. Appeals may be directed
to the Administrative Services Director for final determination.
e. Effective Date — Following approval, the additional education incentive pay
shall commence the beginning of the pay period following the employee's
submission of a completed application that qualifies for education incentive
pay.
2. All employees who were hired before September 19, 2005, and were still employed
with the City as of April 1, 2016, who do not possess the degrees listed above shall
continue to receive the education incentive pay in effect as of September 19, 2005.
Such pay shall not increase unless an employee obtains one of the degrees listed
MSMA MOU January 1,2022—Dacombor 31,2024 3
MARINE SAFETY MANAGEMENT ASSOCIATION
above. In the event an employee obtains an Associate or Bachelor's degree, only
the special pay in sections 1a and 1b shall apply, respectively, and the following
Education Incentive Level Plan shall no longer apply:
Education Maximum Continuing Education
Incentive College Training Years of College Units Monthly
Level Units Points Service Required Annually Amount
1 30 10 1 6 $ 50
2 60 20 2 3 75
3 90 30 2 3 100
4 120 3 3 150
5 150 4 0 150
The parties agree that to the extent permitted by law, the compensation in this section
is special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571(a)(2) Educational Incentive.
C. Acting Assignment Pay
1. When formally assigned to perform in an acting capacity in the absence of the
Marine Safety Division Chief, a Marine Safety Battalion Chief shall be compensated
for each full hour worked at the rate of twelve and one-half percent (12.5%) of the
employee's base hourly rate of pay.
2. Acting Marine Safety Division Chief selection shall be made at the discretion of the
Fire Chief or designee, and seniority will not be the controlling criteria.
The parties agree that to the extent permitted by law, the compensation in the section
is special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571 (a)(3) (Premium Pay) Temporary Upgrade Pay. This pay is only reported to
CalPERS for employees who are 'classic" employees per the Public Employees'
Pension Reform Act.
D. Certification Pay
1. Ocean Lifeguard Specialist— Employees in this classification shall not be eligible for
Certification Pay.
2. Marine Safety Captain — Employees classified as Marine Captain shall receive five
percent (5%) above their base hourly rate for maintaining active certification in all of
the following: SCUBA/Rescue, ICS (Incident Command System) 100 and 200;
Instructor 1 and Instructor 2; SCUBA/Dry Suit; and Instructor Emergency Response
Red Cross.
3. Marine Safety Battalion Chief — Employees classified as Marine Safety Battalion
Chief shall receive five percent (5%) above their base hourly rate for maintaining
active certification in all of the following: ICS (Incident Command System) 300;
Company Officer 2A, 2B, and 2D..
MSMA MOU January 1,2022—Docomber 31,2024 4
MARINE SAFETY MANAGEMENT ASSOCIATION
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.
The parties agree that to the extent permitted by law, the compensation in this section
is special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571(a)(2) Educational Incentive.
E. Holiday Pay
The pay granted to members of this unit under this section is additional compensation
for employees who are normally required to work on an approved holiday, because the
classification of Marine Safety Captain, Marine Safety Battalion Chief, and Ocean
Lifeguard Specialist are positions that require staffing without regard to holidays.
1. Holidays Worked
Employees who are required to work on a specified City holiday shall receive Holiday
Pay in addition to the Holiday In-Lieu Pay set forth herein equal to the overtime rate
for all hours worked.
2. Holiday Pay In-Lieu
In addition to regular compensation, employees shall receive, each month, one-
twelfth (1/12) of the total holiday hours (80) earned for the year. The following are
the recognized legal holidays under this MOU:
1. New Year's Day
2. Martin Luther King Birthday Holiday
3. Presidents' Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veterans Day
8. Thanksgiving Day
9. Day After Thanksgiving
10.Christmas Day
Any day declared by the President of the United States to be a national holiday, or
by the Governor of the State of California to be a State holiday, and adopted as an
employee holiday by the City Council of Huntington Beach.
The parties agree that to the extent permitted by law, Holidays Worked and Holiday In-
Lieu Pay is special compensation and shall be reported as such pursuant to Title 2
CCR, Section 571(a)(5) Holiday Pay.
MSMA MOU January 1,2022—December 31,2024 5
MARINE SAFETY MANAGEMENT ASSOCIATION
F. Bilingual Skill Pay '
Employees whose bilingual skills are qualified, in accordance with the most current
Huntington Beach Marine Safety Manual Policy A-10, shall be paid an additional five
percent (5%) of their base rate of pay in addition to their regular bi-weekly salary.
Eligibility for bilingual pay shall be limited to the following languages: Spanish,
Vietnamese, French, German, Japanese, and sign language.
In order to be qualified and certified for said compensation, employee's language
proficiency will be tested and certified by the Administrative Services Director or
designee. Basic conversational proficiency will be evaluated based on response to a
scenario driven oral evaluation. The Human Resources Division will notify candidates
of the results of the oral evaluation. If the candidate's attempt is unsuccessful, they may
repeat the process in six (6) months' time from the date of the previous exam. Bilingual
skill pay shall begin the first day of the pay period following certification.
The parties agree that to the extent permitted by law, Bilingual Skill Pay is special
compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4)
Bilingual Premium.
G. Effective Date of Special Pay
All special pay shall be effective the first full pay period following certification and
verification as approved by the Fire Chief or designee.
H. No Pyramiding of Special Pay
Each special pay that is a percentage of base hourly pay shall not be counted towards
the value of any other special pay.
I. Reporting to PERS
Pursuant to state law and regulations, compensation paid as a result of this Article shall
be reported to the California Public Employees' Retirement System (CaIPERS) as
special compensation.
In the event that CalPERS challenges the City's report of any special compensation as
compensation earnable and informs the City that it cannot not report the pay since it
does not qualify as special compensation per Title 2 CCR section 571, the City is not
obligated to continue to report the pay. This is provided for per Title 2 Section 571(c) &
(d).
ARTICLE VII - UNIFORMS, CLOTHING, TOOLS AND EQUIPMENT
A. General Policy
MSMA MOU January 1,2022—December 31,2024 6
MARINE SAFETY MANAGEMENT ASSOCIATION
The City will provide uniforms to all employees on active duty who are required to wear
a standard uniform for appearance, uniformity, and public recognition purposes.
B. Affected Employees
All employees shall wear a standard City uniform, as provided by the City of Huntington
Beach Fire Department. The Fire Chief shall determine which employees must wear a
uniform.
C. Personal Protective Equipment
All personal protective equipment shall be provided based on employee safety needs
for the performance of duties as approved by the Fire Chief.
D. Employee Responsibilities
1. Wear a clean and complete uniform as required.
2. Uniform appearance shall be worn with pride in appearance to the public (i.e., shirt
buttoned, shirt tail tucked in, etc.).
3. Wash and provide minimum repair (i.e., buttons, small tears, etc.).
4. Not wear the uniform for other than City duties or work.
5. Notify supervisor of the need to replace due to disrepair or severe staining producing
an undesirable appearance.
6. Turn in all uniform components, including patches, upon separation from
employment.
7. Turn in all personal protective equipment upon separation from employment.
8. Wear all personal protective equipment prescribed by the City safety officer and/or
Supervisor of the division.
E. Reportable to CalPERS
1. The City will report to CaIPERS the average annual cost of uniforms for each
employee as special compensation in accordance with Title 2, California Code of
Regulations, Section 571(a)(5) Uniform Allowance. For employees who are not
required to wear a uniform on a daily basis or who are not actively employed for an
entire payroll calendar year, a prorated cost of uniforms shall apply. This provision
shall apply to "classic" members as defined by the Public Employees' Pension
Reform Act of 2013 (PEPRA).
MSMA MOU January 1,2022—Oocombar 31,2024 7
MARINE SAFETY MANAGEMENT ASSOCIATION
2. For "new members" as defined by PEPRA, the cost of uniforms will not be reported
as compensation earnable to CalPERS.
ARTICLE VIII — HOURS OF WORK/OVERTIME
A. Work Schedule
1. The 4/10 work schedule shall be defined as working four (4) days, ten (10) hours
per day, for a total of forty (40) hours per week, twenty-eight (28) day work period
consistent with the 7(K) exemption set forth in the Fair Labor Standards Act (FLSA).
2. The 4/10 work schedule is designed to be in compliance with the requirements of
the FLSA. All employees on the 4/10 work schedule are subject to be called to work
any time to meet any and all emergencies or unusual conditions which, in the opinion
of the City Manager, Fire Chief, or their designee, may require such service from
any of said employees.
3. Ocean Lifeguard Specialist — Employees in this classification are assigned to a
permanent 3/4-time schedule, defined as a minimum of thirty (30) hours per week.
Schedules may be modified or adjusted by the Marine Safety Division Chief based
on operational needs.
B. Hours of Work— Defined
For purposes of this article, calculating overtime, general leave, previously accrued
vacation, sick leave and compensatory time shall count as hours worked.
C. Overtime/Compensatory Time
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. Ocean Lifeguard Specialist personnel shall continue to
receive overtime pay for working hours in excess of forty (40) hours per work
week.
b. Regular rate of pay is defined as the employee's base hourly rate of pay plus
their eligible special pays.
2. Compensatory Time
Employees may elect to receive compensatory time off that may be earned to a
maximum of one hundred twenty (120) hours in lieu of such overtime pay.
MSMA MOU January 1,2022—Decambor 31,2024 8
MARINE SAFETY MANAGEMENT ASSOCIATION
Employees may convert up to sixty (60) hours of compensatory time to cash at the
employee's regular rate of pay once per calendar year.
3. Court Time
a. Court Standbv
Employees required to be on standby for a court appearance during other than
their scheduled working hours shall receive a minimum of two (2) hours their
regular rate of pay for each morning and afternoon court sessions.
b. Court Appearance
Employees required to appear in court during other than their scheduled working
hours shall receive a minimum of three (3) hours at the overtime rate.
D. Standbv
Employees who are authorized to be on standby status by their Supervisor shall be
compensated two (2) hours at the overtime rate for each eight (8) hour standby period,
or any part thereof. A Supervisor shall notify an available employee, in advance, of the
need to be on standby status.
E. On-Call
A minimum of two (2) employees will be scheduled to be on-call shall be compensated
two (2) hours at the straight pay rate per night. Employee's assigned on-call during
holidays will receive three (3) hours at the straight pay rate per night. On-call
assignments and assignment duration shall be determined by operational schedules.
On-call assignment shall not overlap the normal operational period.
MSMA MOU January 1, 2022—December 31,2024 9
MARINE SAFETY MANAGEMENT ASSOCIATION
ARTICLE IX— HEALTH AND OTHER INSURANCE BENEFITS
A. Health
The City shall continue to make available group medical, dental and vision benefits to
all association employees. The effective date for medical, dental and vision coverage
is the first of the month following date of hire. Effective the first of the month following
the 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, unless otherwise
precluded by CaIPERS PEMHCA. All employee contributions shall be deducted on a
pre-tax basis.
A copy of the medical, dental and vision plan brochures may be obtained from the
Human Resources Office.
1. California Public Employees' Retirement System - Public Employees' Medical and
Hospital Care Act (CaIPERS PEMHCA)
The City presently contracts with CaIPERS to provide medical coverage. The
City is required under CaIPERS PEMHCA to make a contribution to retiree
medical premiums. A 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. In addition, while the City is
in CaIPERS, its obligations to make payments on behalf of retirees shall be
limited to the minimum payment required by law.
a. PEMHCA Employer Contributions
The City shall contribute on behalf of each employee, the mandated minimum
sum as required per month toward the payment of premiums for medical
insurance under the PEMHCA program. As the mandated minimum is
increased, the City shall make the appropriate adjustments by decreasing its
flex benefits contribution accordingly as defined in the following sub-section.
b. Maximum Employer Contributions Toward Flex Benefits
For the term of this Agreement, the City's maximum monthly employer
contribution for each employee's medical and vision insurance premiums are
set forth as follows:
i. Employee only ("EP) — The cost of the premium up to a maximum of
$699.00. Effective in the pay period that includes January 1, 2022, the
City agrees to increase this amount to the cost of the premium for
employee only coverage, but not higher than $745.83 per month.
Effective in the pay period that includes January 1, 2023, the City agrees
to increase this amount to the cost of the premium for employee only
coverage, but not higher than $769.16 per month.
MSMA MOU January 1,2022—Docambor 31,2024 10
MARINE SAFETY MANAGEMENT ASSOCIATION
ii. Employee + one dependent ("EE + 1") — The cost of the premium up to a
maximum of$1,399.00. Effective in the pay period that includes January
1, 2022, the City agrees to increase this amount to the cost of the premium
for employee plus 1 coverage, but not higher than $1,468.95 per month.
Effective in the pay period that includes January 1, 2023, the City agrees
to increase this amount to the cost of the premium for employee plus 1
coverage, but not higher than $1,492.28 per month.
iii. Employee +two or more dependents ("EE + 2")—The cost of the premium
up to a maximum of $1,719.00. Effective in the pay period that includes
January 1 , 2023, the City agrees to increase this amount to the cost of the
premium for employee plus 2 or more dependents coverage, but not
higher than $1 ,804.95 per month. Effective in the pay period that includes
January 1 , 2023, the City agrees to increase this amount to the cost of the
premium for employee plus 2 coverage, but not higher than $1 ,828.28 per
month.
iv. The City shall also pay up to $22.76 per month for each employee for the
VSP Vision Plan.
c. Ocean Lifeguard Specialist Contributions — Employees in this classification
shall receive a prorated, seventy-five percent (75%) amount of the City's
maximum employer contribution rate, up to but not exceeding the premium,
as established for full-time employees.
The maximum City contribution shall be based on the employee's enrollment in each
plan. The parties agree that the required PEMHCA contribution (i.e., the annual
PEMHCA statutory minimum) is included in this sum stated in the sub-section above.
If the employee enrolls in a plan wherein the costs exceed the City contribution, the
employee is responsible for all additional premiums through pre-tax payroll
deductions.
2. Dental Insurance
The annual maximum benefit for the Delta Dental PPO plan is $2,000.00.
a. The maximum monthly City contribution for dental insurance for the Delta
Dental PPO plan shall be as follows: 1) employee only ("EE") - $57.86; 2)
employee plus one dependent ("EE + 1") - $108.02; 3) employee plus two or
more dependents ("EE + 2") - $142.36.
b. The maximum monthly City contribution for dental insurance for the Delta
Care HMO plan shall be as follows: 1) employee only ("EE") - $25.77; 2)
employee plus one dependent ("EE + 1") - $43.81; 3) employee plus two or
more dependents ("EE + 2") - $67.00.
c. Ocean Lifeguard Specialist Contributions — Employees in this classification
shall receive a prorated, seventy-five percent (75%) amount of the City's
MSMA MOU January 1,2022—December M,2024 11
MARINE SAFETY MANAGEMENT ASSOCIATION
maximum employer contribution rate, up to but not exceeding the premium,
as established for full-time employees.
3. Retiree (Annuitant) Coverage
As required by the Government Code, retired employees (annuitants) shall have
available the ability to participate in the PEMHCA program. The City's
requirement to provide retirees and/or annuitants medical coverage is solely
governed by the Government Code that requires the City to extend this benefit
to retirees (annuitants). While the City is contracted with CalPERS to participate
in the PEMHCA program, 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 provided by the Government Code and the CaIPERS Board, and
requested by the Association, the City shall use the Unequal Contribution
Method to make City contributions on behalf of each retiree or annuitant. The
starting year for the unequal contributions method is 2004 at$1.00 per month.
The City's contribution for each annuitant shall be increased annually by five
percent(5%) of the monthly contribution for employees, until such time as the
contributions are equal. The Service Credit Subsidy will be reduced every
January 1st by an amount equal to any required amount to be paid by the City
on behalf of the retiree (annuitant). The City shall make these payments only
while the City is a participant in the PEMHCA program.
b. Termination of Participation in the CalPERS PEMHCA Program — Impact to
Retirees
The City's requirement to provide retirees (annuitants) medical coverage is
solely governed by the Government Code requirement that PEMHCA
agencies extend this benefit to retirees (annuitants). If by agreement
between the Association and the City or if the City elects to impose
termination of its participation in the PEMHCA program, retirees (annuitants)
shall no longer be eligible for City provided medical insurance.
In the event that the City terminates its participation in the PEMHCA program,
the retiree medical subsidy program in place in Resolution No. 2000-123
Exhibit D to the Memorandum of Understanding shall be reinstated. The City
shall make any necessary modifications to conform to the new City sponsored
medical insurance plan.
4. Additional Costs for Participation in the PEMHCA Program
a. Retiree and/or Annuitant Coverage
MSMA MOU January 1,2022—Docombor 31,2024 12
MARINE SAFETY MANAGEMENT ASSOCIATION
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 1st the amount per month paid to the City for each retiree and/or
annuitant described above shall increase by the amount PEMHCA requires
the City to pay on behalf of each retiree (annuitant). Article IX.A.3.a. provides
an example of expected payments per retiree or annuitant per month.
In the event of passage of State Legislation, Judicial Rulings, or CalPERS
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) =
$500, which is then divided by the number of employees receiving
supplemental benefits].
b. Termination Clause
The City and Association may each request termination of the City's contract
with CalPERS after the announcement of State Legislation, Judicial Rulings,
or a CalPERS Board Action that changes the employer's contribution,
insurance premiums or program changes to the CalPERS medical plan.
The City and Association may elect to terminate .its 'participation in the
CalPERS PEMHCA program by mutual agreement through the meet and
confer process between the Association and the City.
B. Medical Cash-Out
If an employee is covered by a medical program outside of a City-provided program
(evidence must be supplied to the Human Resources Division), the employee may elect
to discontinue City medical coverage and receive three hundred twenty two dollars and
sixty one cents ($ 322.61) bi-weekly to deposit into a deferred compensation account
or any other pre-tax program offered by the City, so long as the contribution is in
accordance with applicable Internal Revenue Code of regulations.
MSMA MOU January 1,2022—Docombor 31,2024 13
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C. Section 125 Employee Plan
The City shall provide an Internal Revenue Code section 125 employee plan that allows
employees to use pre-tax salary to pay for regular childcare, adult dependent care
and/or unreimbursed medical expenses as determined by the Internal Revenue Code.
D. Life and Accidental Death and Dismemberment (AD&D) Insurance Coverage
The City will provide fifty thousand dollars ($50,000) of term life insurance and fifty
thousand dollars ($50,000) of AD&D insurance coverage for each employee at the
City's cost, without evidence of insurability other than evidence of full-time employment
status. Optional insurance is available at the employee's own cost.
E. Long Term Disability Insurance
1. This program provides, for each incident of illness or injury, a waiting period of
thirty (30) calendar days, during which the employee may use accumulated sick
leave, general leave pay, or the employee may elect to be in an unpaid status.
Subsequent to the thirty (30) day waiting period, the employee will be covered
by an insurance plan paid for by the City which will provide 66 2/3% of the
employee's salary rate (excluding overtime and any special pay) up to a
maximum of$10,000 a month in accordance with the following:
Disability Due to Disability Due to
Accident Illness
First 30 Calendar Regular Pay Regular Pay
Days
Next 24 Calendar 66 2/3% of Base Pay 66 2/3% of Base Pay
Months
To age 65 66 2/3% of Base Pay None
2. The LTD Plan is integrated with Workers' Compensation, Social Security and
other non-private program benefits to which the employee's entitled.
3. Disability is defined as the inability to perform all of the duties of the employee's
regular occupation during two (2) years and thereafter the inability to engage in
any employment or occupation for which they are fitted by reason of education,
training or experience.
4. The LTD Plan provides for a Survivors' benefit payment for three (3) months
beyond the employee's death.
5. The terms and conditions of the disability insurance coverage are set forth in the
policy, a copy of which is on file in the Human Resources Office. In the event of
any conflict between the policy and this article, the policy shall control. The City
may change insurance companies, policies, or self-insure this benefit, provided
that the plans shall remain comparable to that currently in effect.
MSMA MOU January 1,2022—Decomber 31,2024 14
MARINE SAFETY MANAGEMENT ASSOCIATION
ARTICLE X— RETIREMENT
A. CalPERS Safety "Classic Member' Retirement Benefits:
1. CalPERS Safety "Classic Member' Retirement Formula
The City shall provide all safety employees described as 'classic members' by
the Public Employees' Pension Reform Act of 2013 — "PEPRA" with that certain
retirement program commonly known and described as the "3% @ age 50 plan"
which is based on the retirement formula as set forth in California Public
Employees' Retirement Law (PERL), Section 21362.2 of the California
Government Code,
2. CalPERS Safety "Classic Member' Final Compensation
The City shall contract with PERS to have retirement benefits calculated based
on the employee's highest one year's compensation, pursuant to the provisions
in California Public Employees' Retirement Law (PERL) Section 20042 of the
Government Code "Final Compensation" — One Year— Local Member.
3. CalPERS Safety "Classic Member' Contribution
a. All "classic members" shall pay their CaIPERS member contribution of nine
percent (9%) of compensation earnable.
4. CalPERS Safety "Classic Member" Cost Sharing
a. Effective the beginning of the pay period including January 1, 2023, classic
member shall cost share two percent (2%) compensation earnable in
accordance with Government Code section 20516(f).
b. Effective the beginning of the pay period including January 1, 2024, classic
member shall cost share an additional one percent (2%) compensation
earnable in accordance with Government Code section 20516(f), for a total
cost share of four percent (4%).
B. CalPERS Safety "New Member' Retirement Benefits
The City shall provide for"New Members" within the meaning of the California Public
Employees' Pension Reform Act (PEPRA) of 2013 as defined in California
Government Code Section 7522.04(f).
1 . CalPERS Safety "New Member' Retirement Formula:
The City shall provide the 2.7% @ Age 57 retirement formula set forth in
California Government Code Section 7522.25(d) for all safety employees defined
MSMA MOU January 1,2022—December 31,2024 15
MARINE SAFETY MANAGEMENT ASSOCIATION
as "new members" per the Public Employees' Pension Reform Act (PEPRA) of
2013 represented by the Association.
2. CaIPERS Safety "New Member' Final Compensation
Final compensation for "new members" will be based on the highest annual
average compensation earnable during the 36 consecutive months immediately
preceding the effective date of his or her retirement, or some other 36
consecutive month period designated by the member, as required by California
Government Code Section 7522.32(a).
3. CaIPERS Safety "New Member' Retirement Contribution
Effective October 1, 2013, "new members" as defined by PEPRA shall contribute
one half of the normal cost rate, as established by CaIPERS.
4. CaIPERS Safety "New Member" Cost Sharing
a. Effective the beginning of the pay period including January 1, 2023, "new
members" safety members shall pay at least thirteen percent (13%) of
pensionable compensation as their retirement contribution. If the required
contribution per PEPRA (half the normal cost) is less than thirteen percent
(13%), employees shall pay the difference between the required PEPRA
contribution and thirteen percent (13%) as cost sharing per Government
Code section 20516(f). If the required PEPRA contribution is at least thirteen
percent (13%) or more, "new members" safety members will pay the required
PEPRA contribution.
C. The City has adopted the 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
In the event an employee elects Option #1, Option #2, #2W, Option #3, #3W or Option
#4 of the Public Employees' Retirement Law, and the employee is a unit employee who
was hired before November 2, 1998, the City shall pay the difference between such
elected option and the unmodified allowance which the employee would have received
for his or her life alone as provided in California Government Code Sections 21455,
21456, 21457, and 21458 as said referenced Government Code sections exist as of the
date of this agreement. This payment shall be made only to the employee, shall be
payable by the City during the life of the employee, and upon that employee's death,
the City's obligation shall cease. The method of funding for this benefit shall be at the
sole discretion of the City. This benefit is vested for employees hired before November
2, 1998. All unit employees hired on or after November 2, 1998 shall not be eligible for
this benefit.
MSMA MOU January 1,2022—December 31,2024 16
MARINE SAFETY MANAGEMENT ASSOCIATION
E. Health Savings Account for Post-Retirement Medical Benefits
The City shall implement a voluntary health savings account plan during the term of the
agreement for the purpose of allowing employees the opportunity to fund post medical
retirement health premiums.
F. Pre-Retirement Optional Settlement 2 Death Benefit
The City provides its safety employees Pre-Retirement Optional Settlement 2 Death
Benefit.
G. 1959 Survivors' Benefit Level IV
Members of the City's safety retirement plan shall be covered by the Fourth Level of
the 1959 Survivor Benefit.
H. Medical Insurance for Retirees
As required by the Government Code while the City is contracted with CalPERS to
participate in the Public Employees' Medical and Hospital Care Act (PEMHCA)
program, retired employees (annuitants) shall have available the ability to participate in
the PEMHCA program. CalPERS shall be the sole determiner of eligibility for retiree
(annuitant) to participate in the PEMHCA program.
ARTICLE XI - LEAVE BENEFITS
A. General Leave
The provisions on General Leave set forth below shall go into effect in the pay period
including January 1 , 2022. Prior to the effective date of General Leave, members of the
Association earned vacation. Employees' vacation balances carry over past the
effective date of General Leave. Although employees no longer earn vacation, they
may use their vacation and shall be cashed out of any vacation balances at separation
as provided herein.
1. Purpose — General Leave may be used for any purpose, including vacation, sick
leave, and personal leave.
2. AnniversarV Date — For the purpose of computing General Leave, an employee's
anniversary date shall be the most recent date on which they commenced full-
time City employment, unless otherwise provided in writing by agreement
between the City and the employee upon initial hire or re-hire.
3. Accrual — Employees shall accrue General Leave at their appropriate assigned
work schedule rate, either forty (40) hour or (30) hour workweek for Ocean
Lifeguard Specialist.
MSMA MOU January 1,2022—December 31.2024 17
MARINE SAFETY MANAGEMENT ASSOCIATION
Employees shall accrue annual General Leave with pay in accordance with the
following:
General Leave General Leave
Years of Service Accrual Accrual
40-Hour Rate 30-Hour Rate
First through Fourth Year 176 Hours 132 Hours
Fifth through Ninth Year 200 Hours 150 Hours
Tenth through Fourteenth Year 224 Hours 168 Hours
Fifteenth Year and Thereafter 256 Hours 192 Hours
4. Eligibility and Approval
General Leave must be pre-approved, except for illness, injury, or family sickness,
which may 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. Employees shall not be permitted to take General Leave in excess of
actual time earned. Employees shall not accrue General Leave in excess of six
hundred forty (640) hours.
General Leave accumulated in excess of six hundred forty (640) hours shall be paid
at the base hourly rate of pay, on the first pay day following such accumulation.
Employees may not use their General Leave to advance their separation date on
retirement or other separation from employment.
5. Leave Conversion to Cash — During Calendar Year 2022, an employee may elect
to cash out up to one-hundred and twenty (120) hours of accrued vacation leave
and/or general leave at their current regular rate of pay.
On or before the beginning of the pay period which includes December 15 of each
calendar year beginning in December 2022, an employee may make an irrevocable
election to cash out up to one hundred and twenty (120) hours of accrued General
Leave, which will be earned in the following calendar year at the employee's regular
rate of pay. The employee can elect to receive up to sixty (60) hours of General
Leave cash out in the pay period that includes July 15. The employee shall receive
any remaining General Leave cash out to which they irrevocably elected to cash
out in the pay period that includes December 1. However, if the employee's
General Leave balance is less than the amount the employee elected to cash out
(in the prior calendar year) the employee will receive cash for the amount of leave
the employee has accrued at the time of the cash out.
6. Deferred Compensation/Leave Cash Out — The value of any unused earned
General Leave or previously accrued vacation may be transferred to deferred
compensation at the regular rate of pay in connection with separation from
MSMA MOU January 1,2022—Docombor 31,2024 18
MARINE SAFETY MANAGEMENT ASSOCIATION
employment, but only during the time the employee is actively employed with the
City. The employee must request the transfer no later than the pay period prior to
the employee's last day of employment.
7. Pay-Off at Separation from Employment
Upon separation from employment, the employee shall receive compensation at
their current regular rate of pay for all unused, earned general leave or previously
accrued vacation to which they are entitled up to and including the effective date
of their separation from employment.
B. Vacation:
1. Accrual: Effective January 1, 2022, employees shall no longer accrue vacation
leave.
2. Eligibility and Permission:
No employee shall be permitted to take a vacation in excess of actual time earned
and vacation shall not be accrued in excess of three hundred twenty (320) hours.
Vacations shall be taken only with permission of the Marine Safety Division Chief or
designee; however, the Marine Safety Division Chief or designee shall schedule all
vacations with due consideration for the wish of the employee and particular regard
for the need of the department.
C. Sick Leave
Full-time employees hired on or before the pay period following Council approval of this
2022-2024 MOU will receive a one-time Sick Leave bank totaling 96 hours. Once this
Sick Leave bank is fully used, employees will no longer receive Sick Leave, only
General Leave as described above.
This one-time bank may not be cashed out at any time, nor, upon separation from
employment, transferred to deferred compensation, and/or a qualified medical
retirement trust program.
D. Family Leave Benefit Entitlements
All employees will be allowed to use up to (sixty) 60 hours per calendar year to care for
a child, parent, spouse, or registered domestic partner during illness. This paragraph
will continue in its current form so long as any other unit receives it, and will sunset in
the same calendar year, if eliminated as a result of contract negotiations.
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).
MSMA MOU January 1,2022—Docombor 31,2024 19
MARINE SAFETY MANAGEMENT ASSOCIATION
The City shall comply with all State and Federal leave benefit entitlement laws. An
employee on an approved leave shall be allowed to use paid sick leave and earned
vacation, and/or compensatory time for the duration of the approved leave.
E. Bereavement Leave
Employees shall be entitled to bereavement leave not to exceed three (3) work shifts in
each instance of death in their immediate family. Immediate family is defined as a
parent, sibling, spouse, registered domestic partner, child, grandparent, grandchild, or
wards of which the employee is the legal guardian, recognizing all birth, marital, and
other legal ties (i.e., step relatives, in-laws, etc.).
F. Voluntary Catastrophic Leave Donation Program
Under certain conditions, employees may donate leave time to another employee in
need. The program is outlined in Exhibit E of this Memorandum of Understanding.
ARTICLE XII - CITY RULES
All City Personnel Rules shall apply to Association members, however, to the extent this
MOU modifies the City's Personnel Rules; the Personnel Rules as modified will apply to
Association members.
ARTICLE XIII — MISCELLANEOUS
A. Salary Upon Appointment
When an appointment of a recurrent lifeguard to the classification of Ocean Lifeguard
Specialist or Marine Safety Captain occurs, the salary step upon appointment shall be
determined in the same manner as salary step upon promotions under the City's
Personnel Rules.
B. Physical Examinations
The City agrees to pay for bi-annual physical examinations, to include stress EKG, when
authorized by the Department Head, with the understanding that results thereof may be
utilized for the determination of the employee's continued ability to perform duties of the
position. A copy of the physical examination shall be provided to the employee upon
request.
C. Conditioning Time
Unit employees may be allowed up to one (1) hour on each regularly scheduled shift to
be used for physical conditioning.
MSMA MOU January 1,2022—December 31,2024 20
MARINE SAFETY MANAGEMENT ASSOCIATION
D. 1,500 Hour Recurrent Employees
There is a fifteen hundred (1,500) work hour per year for non-MSMA positions, subject
to official change in Personnel Rules 5-24.
E. Collection of Payroll Overpayments
In the event that a payroll overpayment is discovered and verified, and considering all
reasonable factors including the length of time that the overpayment was made and if
and when the employee could have reasonably known about such overpayment, the
City will take action to collect from the employee the amount of overpayment(s). Such
collection shall be processed by payroll deduction over a reasonable period of time
considering the total amount of overpayment.
In the event the employee separates from employment during the collection period, the
final amount shall be deducted from the last payroll check of the employee. If
applicable, the balance due from the employee shall be communicated upon
employment separation if the last payroll check does not sufficiently cover the amount
due the City.
It shall be the responsibility of the employee and the City to periodically monitor the
accuracy of compensation payments or reimbursements due to the possibility of a
clerical oversight or error. The City reserves the right to also collect compensation over
payments caused by or the result of misinterpretation of a pay provision by non-
authorized personnel. The interpretation of all pay provisions shall be administered by
the City Manager or designee. Unauthorized compensation payments shall not
constitute a past practice.
F. Grievance Hearing Cost Sharing
Grievance hearing costs shall be shared equally by the City and the Association. The
parties agree that under no circumstances shall the grievant(s) be required to pay any
part of the grievance hearing costs.
G. Personnel Rule 19 Modification
City and Association agree to implement Personnel Rule 19 modifications as provided
in Exhibit D attached hereto and incorporated by reference.
H. Update Employee-Employer Relations Resolution (EERR)
During the term of the Agreement, the City and the Association agree to meet and confer
to update the Employee-Employer Relations Resolution to reflect current state law.
1
MSMA MOU January 1,2022—December 31,2024 21
MARINE SAFETY MANAGEMENT ASSOCIATION
I. Modified Return to Work Policy
The City and the Association agree to meet and confer during the term of the Agreement
to establish a modified return to work policy for employees who experience industrial or
non-industrial illness and/or injury.
J. Controlled Substance and Alcohol Testing
The City maintains the right to conduct a test during working hours of any employee
that it reasonably suspects is under the influence of alcohol or a controlled substance
in the workplace, consistent with department policy.
t
MSMA MOU January 1, 2022—Docember 01,2024 22
J
MARINE SAFETY MANAGEMENT ASSOCIATION
ARTICLE XIV - CITY COUNCIL APPROVAL
It is the understanding of the City and the Association that this Memorandum of
Understanding is of no force or affect whatsoever unless and until adopted by Resolution
of the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this 21st day of December 2021 .
HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH MARINE SAFETY MANAGEMENT
A Municipal Corporation ASSOCIATION
By: By
Oliver Chi Sterling
City Manager MS�resid�nt
Travis Hopkins Trevor McDonald
Assistant City Manager MSMA Vice President
By:
Brittany Mello
Interim Administrative Services Director
By:
Scot aberle
Fire Chief
APPROVED AS T FORM
By
is el E. Gates
C' Attorney
MSMA MOU January 1,2022—December 01, 2024 20
MARINE SAFETY MANAGEMENT ASSOCIATION
EXHIBIT A - MSMA SALARY SCHEDULE
Effective the Beginning of the Pay Period Including January 1, 2022
Job Job Description Range A B C I D E F I G
No 111 l 11
0618 Ocean Lifeguard 161 27.52 28.90 30.34 31.86 33.45 35.13 36.88
Specialist
0468 Marine Safety Captain 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72
0105 Marine Safety 226 52.55 55.18 57.94 60.83 63.88 67.07 70.42
Battalion Chief
MSMA MOU January 1,2022—n c bw 21,2024 24
MARINE SAFETY MANAGEMENT ASSOCIATION
EXHIBIT B — SERVICE CREDIT SUBSIDY PLAN
An employee who has retired from the City and meets the plan participation requirements
shall receive a monthly Service Credit Subsidy to reimburse the retiree for the payment of
qualified medical expenses incurred for the purchase of medical insurance.
Plan Participation Requirements
1. At the time of retirement, the employee has a minimum of ten (10) years of continuous
regular (permanent) City service or is granted an industrial disability retirement; and
2. At the time of retirement, the employee is employed by the City; and
3. Following official separation from the City, the employee is granted a retirement
allowance by the California Public Employees' Retirement System (CaIPERS).
The City's obligation to pay the Service Credit Subsidy as indicated shall be modified
downward or cease during the lifetime of the retiree upon the occurrence of any one of
the following:
a. During any period the retired employee is eligible to receive or receives medical
insurance coverage at the expense of another employer, the payment will be
suspended. "Another employer" as used herein means private employer or public
employer or the employer of a spouse. As a condition of being eligible to receive
the Service Credit Subsidy as set forth in this plan, the City shall have the right to
require any retiree to annually certify that the retiree is not receiving or eligible to
receive any such medical insurance benefits from another employer.
If it is later discovered that a misrepresentation has occurred, the retiree will be
responsible for reimbursement of those amounts inappropriately expended and the
retiree's eligibility to receive further benefits will cease.
b. On the first of the month in which a retiree or dependent reaches age sixty five (65)
or on the date the retiree or dependent can first apply and become eligible,
automatically or voluntarily, for medical coverage under Medicare (whether or not
such application is made) the City's obligation to pay Service Credit Subsidy may be
adjusted downward or eliminated.
c. In the event of the death of an eligible employee, whether retired or not, the amount
of the Service Credit Subsidy benefit which the deceased employee was eligible for
at the time of 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.
MSMA MOU January 1,2022—Doeombor 01,2024 26
MARINE SAFETY MANAGEMENT ASSOCIATION
EXHIBIT B — SERVICE CREDIT SUBSIDY PLAN
To receive the Service Credit Subsidy retirees are required to purchase medical
insurance from City sponsored plans. The City shall have the right to require any retiree
(annuitant) to annually certify that the retiree is purchasing medical insurance benefits.
5. Disability Retirees - Industrial disability retirees with less than ten (10) years of service
shall receive a maximum monthly payment toward the premium for health insurance of
one hundred twenty dollars ($120). Payments shall be in accordance with the
stipulations and conditions, which exist for all retirees.
6. Service Credit Subsidy— Payment shall not exceed dollar amount, which is equal to the
qualified medical expenses incurred for the purchase of city sponsored medical
insurance.
7. Maximum Monthly Service Credit Subsidy Payments - All retirees, including those
retired as a result of disability whose number of years of service prior to .retirement
exceeds ten (10), continuous years of regular (permanent) service shall be entitled to
maximum monthly Service Credit Subsidy by the City for each year of completed City
service as follows:
Maximum Service Credit Subsidy Retirements After:
Service Credit
Years of Service Subsidy
10 $ 120
11 135
12 150
13 165
14 180
15 195
16 210
17 225
18 240
19 255
20 270
21 285
22 299
23 314
24 329
25 344
The Service Credit Subsidy will be reduced every January 161 by an amount equal
to any required amount to be paid by the City on behalf of the retiree (annuitant).
Article IX.A.3.a. provides an example of expected reductions per retiree per
month.
8. Medicare
MSMA MOU January 1,2022—Docombor 31.2024 26
MARINE SAFETY MANAGEMENT ASSOCIATION
EXHIBIT B — SERVICE CREDIT SUBSIDY PLAN
a. All persons are eligible for Medicare coverage at age sixty-five (65). Those
with sufficient credited quarters of Social Security will receive Part A of
Medicare at no cost. Those without sufficient credited quarters are still
eligible for Medicare at age sixty five (65), but will have to pay for Part A of
Medicare if the individual elects to take Medicare. In all cases, the participant
pays for Part B of Medicare.
b. When a retiree and their spouse are both sixty-five (65) or over, and neither
is eligible for paid Part A of Medicare, the Service Credit Subsidy shall pay
for Part A for each of them or the maximum subsidy, whichever is less.
c. When a retiree at age sixty-five (65) is eligible for paid Part A of Medicare
and their spouse is not eligible for paid Part A of Medicare, the spouse shall
not receive the subsidy. When a retiree at age sixty-five (65) is not eligible
for paid Part A of Medicare and their spouse who is also age sixty-five (65)
is eligible for paid Part A of Medicare, the subsidy shall be for the retiree's
Part A only.
9. Cancellation
a. For retirees/dependents eligible for paid Part A of Medicare, the following
cancellation provisions apply:
i. Coverage for a retiree under the Service Credit Subsidy Plan will be
eliminated on the first day of the month in which the retiree reaches
age sixty-five (65).
ii. At age sixty-five (65) retirees are eligible to make application for
Medicare. Upon being considered "eligible to make application,"
whether or not application has been made for Medicare, the Service
Credit Subsidy Plan will be eliminated.
MSMA MOU January 1,2022—December 31,2024 27
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EXHIBIT C — MODIFICATIONS TO EMPLOYEE-EMPLOYER RELATIONS RESOLUTION
A. Employer-Employee Relations Resolution
1 . Modification of Section 7 — Decertification and Modification
a) The City and the Association desire to maintain labor stability within the
representational unit to the greatest extent possible, consistent with the employee's
right to select the representative of his or her awn choosing. For these purposes, the
parties agree that this Agreement shall act as a bar to appropriateness of this unit
and the selection of the representative of this unit, except during the month of August
prior to the expiration of this Agreement. Changes in bargaining unit shall not be
effective until expiration of the MOU, except as may be determined by the Personnel
Commission pursuant to the procedures outlined below. This provision shall modify
and supersede the time limits, where inconsistent, contained in Section 7 of the
current Employer-Employee Relations Resolution of the City of Huntington Beach.
b) The City and the Association have agreed to a procedure whereby the City, by and
through the Administrative Services Director, would be entitled to propose a Unit
Modification. The Association and the City agree tojointly recommend a modification
of the City of Huntington Beach Employer-Employee Relations Resolution
(Resolution Number 3335) upon the City's having completed its obligation to meet
and confer on this issue with all other bargaining units.
The proposed change to the Employer-Employee Relations Resolution is as follows:
7-3. Personnel Direction Motion of Unit Modification — The Administrative Services
Director may propose, during the same period for filing a Petition for Decertification,
that an established unit be modified in accordance with the following procedure:
1) The Administrative Services Director shall give written notice of the proposed Unit
Modification of Modifications to all employee organizations that may be affected
by the proposed change. Said written notification shall contain the Administrative
Services Director rationale for the proposed change including all information
which justifies the change pursuant to the criteria established in Section 6-5 for
appropriateness of Units. Additionally, the Administrative Services Director shall
provide all affected employee organizations with all correspondence,
memoranda, and other documents which relate to any input regarding the Unit
Modification which may have been received by the City or from affected
employees and/or sent by the City to affected employees;
2) Following receipt of the Administrative Services Director Proposal for Unit
Modification any affected employee organization shall be afforded not less than
thirty (30) days to receive input from its members regarding the proposed change
and to formulate a written and/or oral response to the Motion for Unit Modification
to the Personnel Commission;
3) The Personnel Commission shall conduct a noticed Public Hearing regarding the
Motion for Unit Modification at which time all affected employee organizations
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EXHIBIT C — MODIFICATIONS TO EMPLOYEE-EMPLOYER RELATIONS RESOLUTION
and other interested parties shall be heard. The Personnel Commission shall
make a determination regarding the proposed Unit Modification which
determination may include a granting of the motion, a denying of the motion, or
other appropriate orders relating to the appropriate creation of Bargaining Units.
Following the Personnel Commission's determination of the composition of the
appropriate Unit or Units, it shall give written notice of such determination to all
affected employee organizations;
4) Any party who chooses to appeal from the decision of the Personnel Commission
is entitled to appeal in accordance with the provision of Section 14-4 of
Resolution Number 3335.
B. During the term of the agreement, the City and the Association agree to update the
Employee-Employer Relations Resolution to reflect current State law.
1
MSMA MOU January 1,2022—Docombor 31,2024 29
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EXHIBIT D — MODIFICATIONS TO PERSONNEL RULE 19
19-1 . PURPOSE. The purpose of this rule is to provide a means by which grievances
of employees or employee organizations may be considered, discussed and
resolved at the level closest to their point of origin. The grievance procedure
provided for in this rule does not apply to the review of employee disciplinary
matters which subject is treated in Rule 20 hereof.
19-2. DEFINITION. For the purpose of this rule, a grievance is a dispute concerning
the interpretation or application of any provision of the city's Employer-Employee
Relations Resolution, or any provision of this resolution or any departmental rule
governing personnel practices or working conditions, with the exception of
matters excluded by Section 19-3.
19-3. MATTERS EXCLUDED FROM GRIEVANCE PROCEDURE. The following
subjects are excluded from the grievance procedure provided for herein:
(a) The review of employee disciplinary matters, which is treated in Rule 20
hereof.
(b) All matters subject to impasse procedure, provided in the Employer-
Employee Relations Resolution.
19-4. SUBMISSION OF GRIEVANCES. Any individual employee or recognized
employee organization shall have the right to present a grievance.
If two (2) or more employees have essentially the same grievance and report to
the same supervisor, they may, and if requested to do so by the city, must jointly
or collectively present and pursue their grievance.
If a grievance is alleged by three (3) or more employees, the group shall, at the
request of the city, appoint one of such employees to speak for the group.
19-5. GRIEVANCE PROCEDURE. The grievance procedure shall consist of the
following steps, each of which must be completed prior to any request for further
consideration of the matter unless otherwise provided herein:
Step 1. Informal Discussion (optional). If an employee feels that he has a
grievance, as defined in Section 19-2, he may request a meeting with his
immediate supervisor within ten (10) days after the employee becomes aware
or reasonably should have become aware of the subject matter of the grievance.
The immediate supervisor, within ten (10) days of such request, shall meet with
the employee when so requested and discuss the grievance in an effort to clarify
the issue and work toward a cooperative settlement or resolution of the dispute.
The immediate supervisor shall present, verbally or in writing, his decision to the
employee within ten (10) days from the time of the informal discussion.
Step 2. Formal Procedure. Immediate Supervisor. If the grievance is not settled
through informal discussion, or if the employee elects not to invoke his right to
MSMA MOU January 1,2022—December 31,2024 30
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EXHIBIT D — MODIFICATIONS TO PERSONNEL RULE 19
informal discussion, the employee may formally submit a grievance to his
immediate supervisor within ten (10) days following the decision pursuant to
informal discussion, or in the event the employee does not elect to invoke his
right to informal discussion,within ten (10)days after the occurrence which gives
rise to the grievance or afterthe employee becomes aware or reasonably should
have been aware of the subject matter of the grievance. Such submission shall
be in writing, stating the nature of the grievance and a suggested solution or
requested remedy. Within ten (10) days after receipt of the written grievance,
the immediate supervisor shall meet with the employee. Within ten (10) days
thereafter written decision shall be given the employee by the immediate
supervisor.
Step 3. Department Head. In cases where the department head is not the
immediate supervisor, if the grievance is not settled under Step 2, the grievance
may be presented to the department head. The grievance shall be submitted
within ten (10) days after receipt of the written decision from Step 2.
Within ten (10) days after receipt of the written grievance, the department head
or his representative, shall meet with the employee and his immediate
supervisor, if any. Within ten (10) days thereafter written decision shall be given
to the employee.
Step 4. City Manager. If the grievance is not settled under Step 3, the grievance
may be presented to the City Manager in accordance with the following
procedure: Within fifteen (15) days after the time the decision is rendered under
Step 3 above, a written statement of the grievance shall be filed with the
Administrative Services Director who shall act as hearing officer and shall set
the matter for hearing within fifteen (15) days thereafter and shall cause notice
to be served upon all interested parties. The Administrative Services Director,
or his representative, shall hear the matter de novo and shall make
recommended findings, conclusions and decision in the form of a written report
and recommendation to the City Manager within ten (10) days following such
hearing. The City Manager may, in his discretion, receive additional evidence or
argument by setting the matter for hearing within ten (10) days following his
receipt of such report and causing notice of such hearing to be served upon all
interested parties.
Within ten (10) days after receipt of report, or the hearing provided for above, if
such hearing is set by the City Manager, the City Manager shall make written
decision and cause such to be served upon the employee or employee
organization and the Administrative Services Director.
Step 5. Personnel Commission. If the grievance is not settled under Step 4, it
may be appealed to the Personnel Commission for de novo hearing and final
determination in accordance with the following procedure:
(a) Within ten (10) days after the time decision is rendered under Step 4 above,
a written statement of grievance shall be filed with the Administrative
MBMA MOU January 1,2022—Docomhor 31,2024 31
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EXHIBIT D — MODIFICATIONS TO PERSONNEL RULE 19
Services Director. Such statement of grievance shall set forth in detail the
nature of the grievance, the facts surrounding the subject matter of the
grievance, the contentions of the employee and the proposed solution or
determination.
(b) As soon as practicable thereafter, the Administrative Services Director-shall
set the matter for hearing before a hearing officer either selected by mutual
consent of the parties or from a list provided by the Personnel Commission.
Ratification of the hearing officer selected by mutual consent of the parties,
if from a list approved by the Personnel Commission, shall not require
separate approval or ratification by the Personnel Commission. The hearing
officer shall hear the case and make recommended findings, conclusions
and decision in the form of a written report and recommendation to the
Personnel Commission. In lieu of the hearing officer process, the Personnel
Commission may agree to hear a case directly upon submission of the case
by mutual consent of the parties.
19-6. SUPPLEMENTAL HEARING BY PERSONNEL COMMISSION
(a) The Commission may, in its sole discretion, after it has received the written
report and recommendation of the hearing officer, set the matter for private
hearing for the purpose of receiving additional evidence or argument. In the
event the Commission sets a private hearing for such purpose, the
Administrative Services Director shall give written notice of such to all parties
concerned in such matter.
(b) The Commission, following a consideration of the hearing officer's written
report and recommendation and deliberation thereon and any supplemental
hearing before the Commission, shall make findings, conclusions and
decision which shall be final and binding on all parties and from which there
shall be no further appeal.
l'
19-7. GRIEVANCE. DEPARTMENT HEAD. Any department head who has a
grievance may present it to the City Manager for determination. The City
Manager shall render a written decision to said department head within ten (10)
days after such submission, which decision may be appealed by the department
head to the Personnel Commission in accordance with Step 5 of Section 19-5.
MSMA MOU January 1,2022—December 31,2024 32
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EXHIBIT E—VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
Guidelines
1. Purpose
The purpose of the voluntary catastrophic leave donation program is to bridge
employees who have been approved leave time to either; return to work, long-term
disability, or medical retirement. Employees who accrue vacation, general leave
or compensatory time may donate such leave to another employee when a
catastrophic illness or injury befalls that employee or because the employee is
needed to care for a seriously ill family member.The leave-sharing Leave Donation
Program is Citywide across all departments and is intended to provide an
additional benefit. Nothing in this program is intended to change current policy and
practice for use and/or accrual of vacation, general, or sick leave.
2. Definitions
Catastrophic Illness or Injury — A serious debilitating illness or injury, which
incapacitates the employee or an employee's family member.
Family Member — For the purposes of this policy, the definition of family member
is that defined in the Family Medical Leave Act (child, parent, spouse or domestic
partner).
3. Eligible Leave
Accrued compensatory, vacation or general leave hours may be donated. The
minimum donation an employee may make is two (2) hours and the maximum is
forty (40) hours.
4. Eligibility
Employees who accrue vacation or general leave may donate such hours to
eligible recipients. Compensatory time accrued may also be donated. An eligible
recipient is an employee who:
• Accrues vacation or general leave;
• Is not receiving disability benefits or Workers' Compensation payments; and
• Requests donated leave.
MSMA MOU January 1,2022—December 31,2024 33
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EXHIBIT E — VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
5. Transfer of Leave
The maximum donation credited to a recipient's leave account shall be the amount
necessary to ensure continuation of the employee's regular salary during the
employee's period of approved catastrophic leave. Donations will be voluntary,
confidential and irrevocable. Hours donated will be converted into a dollar amount
based on the hourly wage of the donor. The dollar amount will then be converted
into accrued hours based on the recipient's hourly wage. An employee needing
leave will complete a Leave Request Form and submit it to the Department Director
for approval. The department director will forward the form to Human Resources
for processing. Human Resources, working with the department, will send out the
request for leave donations.
Employees wanting to make donations will submit a Leave Donation Form to the
Finance Department (City payroll).
All donation forms submitted to payroll will be date stamped and used in order
received for each bi-weekly pay period. Multiple donations will be rotated in order
to insure even use of time from donors. Any donation form submitted that is not
needed will be returned to the donor.
6. Other
Please contact the Human Resources Division on questions regarding employee
participation in this program.
MSMA MOU January 1,2022—Decemhar 31,2024 34
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EXHIBIT E -- VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
Voluntary Catastrophic Leave Donation Program
Leave Request Form
According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby request
donated vacation, general leave or compensatory time.
MY SIGNATURE CERTIFIES THAT:
A leave of absence in relation to a catastrophic illness or injury has been approved by my
department, and
I am not receiving disability benefits or Workers' Compensation payments.
Name: (Please Print)
ork Phone: apartment:
ob Tftle: Employee ID#:
squealer Signature Jatee—
partne—nt Director Signature of Support: Date:
Human Resources Division use only
End donation date will bridge to End donation date
o Long Term Disability
o Medical Retirement beginning
o Length of FMLA leave ending
a Return to work
dministratNe Services Director or Designee Signature Date signed
Please submit this form to the Human Resources Office for processing.
MSMA MOU January 1,2022—December 01,2024 35
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EXHIBIT E — VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
Voluntary Catastrophic Leave Donation Program
Leave Donation Form
Donor, please complete
Donor Name: (Please Print or Type: Last, First, Mt)
I
Ir
ork Phone:
Donor Job Title:
Type of Accrued Leave: Number of Hours I wish to Donate:
Vacation Hours of Vacation
Compensatory Time Hours of Compensatory Time
General Leave Hours of General Leave
I understand that this voluntary donation of leave credits, once processed, is irrevocable;
but if not needed, the donation will be returned to me. I also understand that this donation
will remain confidential.
I wish to donate my accrued vacation, comp or general leave hours to the Leave Donation
Program for:
Eligible recipient employee's name (Last, First, MI):
i
Donor Signature: Date:
I
Please submit to Payroll in the Finance Department.
MSMA MOU January t,2022—December M,2024 36
Res. No. 2021-72
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