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Home My WebLink AboutCity Council - 2023-36 RESOLUTION NO. 2023-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATON FOR THE TERM JULY 1, 2021 THROUGH DECEMBER 31, 2023. WHEREAS, the Parties are parties to a Memorandum of Understanding ("MOU") which has a term of July 1, 2021 through December 31, 2023, and WHEREAS, through this Agreement, the Parties wish to prospectively modify the work period of twenty-four (24) hour shift employees to a 24-day work period and to provide these employees with 5.85 additional hours of half-time overtime (equaling 2.925 hours of additional pay) per 14-day pay period; and WHEREAS, the calculation of this additional pay is derived at as follows: There are 15.20833 24-day FLSA work periods per year—365 days divided by 24= 15.20833. The threshold for overtime under a 24-day FLSA work period is 182 hours. These employees are scheduled to work 192 hours.. As such there are 10 hours of scheduled overtime each work period. Since employees' regular pay pays them for the straight time for their regularly scheduled hours, the overtime is the half time of the 10 hours. The calculation is then derived at as follows: 15.20833 work periods x 10 hours = 152.0833 hours x .5 = 76.04 hours of pay per year. 76.04 divided by 26 pay periods =2.925 hours of additional pay per pay period; and WHEREAS, language related to overtime pay was inadvertently omitted from this MOU; and WHEREAS,through this Side Letter,the Parties wish to retroactively modify the language related to Article VII, Paragraph A of their MOU effective July 1, 2021, and WHEREAS,the following sets forth the Parties' Agreement. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and FMA. RESOLUTION NO. 2023-36 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held on the 1st day of August, 2023. Mayor ATTEST: APPROVED AS FORM: 9%)./4,114,44d City Clerk Ci Attorney REVIE D A 0 APPROVED: INITIATED AND APPROVED: City Man. ;er Interim Director of Human Resources Exhibit A—Side Letter Agreement 2 RESOLUTION NO. 2023-36 EXHIBIT 'A' SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION This Side Letter of Agreement(Agreement) between the City of Huntington Beach (City) and the Huntington Beach Fire Management Association(HBFMA) (collectively"Parties") is entered into with respect to the following: ARTICLE VIII—WORK SCHEDULES;OVERTIME AND 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 (effective July 1, 2021, the work period is changed to a twenty-four (24) day work period consistent with Section 207(k) of 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, per the twenty-eight (28) day 7(k) FLSA work period. Total hours worked in a calendar year will equal to two thousand, eighty(2080) hours. 3. Hours worked shall be defined as actual time worked, approved vacation, sick leave, compensatory time off, bereavement leave, and industrial injury or illness leave, with the exception of exchange of shift not count as hours worked. B. Overtime 1. Effective July 1, 2021, 24-hour shift employees shall earn 5.85 hours of half time overtime per pay period. This equates to an additional 2.925 hours of additional base pay per pay period. Since the City considers these employees to be overtime exempt under the FLSA, this additional pay is paid per the MOU. This additional pay is intended to compensate the employees for the hours they are regularly scheduled to work in each 24-day FLSA work period, which qualify as overtime according to Section 207(k). 3 RESOLUTION NO. 2023-36 C. Compensatory Pay/Overtime 1. In addition to the overtime pay as provided in paragraph B above, all employees shall receive pay at the overtime rate(1 ''A times their regular rate)for hours worked in excess of regularly scheduled hours, unless the employee has "lost time" (defined as time when the employee does not work when regularly scheduled to do so and does not receive a leave of absence with pay)in a regularly scheduled shift. If there is"lost time" in any regularly scheduled shift,the employee shall receive overtime pay for only those overtime hours worked in excess of the number of"lost time" hours in the bi-weekly pay period. 2. Prior approval to accrue compensatory time/overtime All employees must gain approval from the Fire Chief in advance of accruing compensatory time or receiving overtime pay for hours worked in excess of regularly scheduled hours. For approved compensatory time or overtime, employees working suppression or administrative duties, as approved by the Fire Chief, accrue compensatory time off or paid overtime at time and one half for hours worked in addition to their regular schedule, subject to the limitations contained in Article VIII, C,3 below. F Ill! ' TH I ' HUNTINGTON BEACH '/3k3 Al Zelinka, i ;V r Date Peter Brown, Chief Negotiator Date FO HE UN IN N BIIACH FIRE MANAGEMENT ASSOCIATION '6 17/2.1:)2.5 Marti Ortiz, res dent Date APPROVED �O FO ' ,A1110.1. /341 a0?-3 Mi• ael Gates, City Attorney Date COUNTERPART 4 RESOLUTION NO. 2023-36 C. Compensatory Pay/Overtime 1. In addition to the overtime pay as provided in paragraph B above, all employees shall receive pay at the overtime rate(I ''/ times their regular rate)for hours worked in excess of regularly scheduled hours, unless the employee has "lost time" (defined as time when the employee does not work when regularly scheduled to do so and does not receive a leave of absence with pay)in a regularly scheduled shift. If there is"lost time" in any regularly scheduled shift,the employee shall receive overtime pay for only those overtime hours worked in excess of the number of"lost time" hours in the bi-weekly pay period, 2. Prior approval to accrue compensatory time/overtime All employees must gain approval from the Fire Chief in advance of accruing compensatory time or receiving overtime pay for hours worked in excess of regularly scheduled hours. For approved compensatory time or overtime, employees working suppression or administrative duties, as approved by the Fire Chief, accrue compensatory time off or paid overtime at time and one half for hours worked in addition to their regular schedule, subject to the limitations contained in Article VIII, C,3 below. I F 2 THE CI 6 HUNTINGTON BEACH .. Al Z ' a, Ci y ag r Date -A ,,. 8,/,o/z,.3 Peter Brown, Chief Negotiator Date FO HE UN IN N BItACH FIRE MANAGEMENT ASSOCIATION ., 7 '6 lz 2,0 2,)6 Marti' Ortiz, Fes dent Date APPROVED FO g/g(ao --3 Mi iael Gates, City Attorney Date COUNTERPART 4 Res. No. 2023-36 • 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 August 1, 2023 by the following vote: AYES: 'Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns NOES: None ABSENT: None RECUSE: None Sor- 424674/ 4 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California