HomeMy WebLinkAboutCity Council - 2024-01 RESOLUTION NO. 2024-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION (FMA)
AND THE CITY FOR JANUARY 1, 2024 THROUGH DECEMBER 31, 2026
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 Fire Management Association (FMA), a copy of which is attached hereto as
Exhibit"A" and by reference made a part hereof, is hereby approved and ordered implemented in
accordance with the terms and conditions thereof; and the City Manager is authorized to execute
this Agreement. Such Memorandum of Understanding shall be effective for the term of January
1, 2024 through December 31, 2026.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of Janu.Mai'4.
CO`� cr&
Mayor
REVIEWED OVED: APPROVED AS TO.FORM:.
4r.7
�
Interim City Manager City Attorney
INITIATED AND APPROVED:
Interim Human Resources Director
23-13895/328081
Resolution No. 2024-01
Fxhihit A
Memorandum of Understanding
Between
Huntington Beach
Fire Management Association
And
City of Huntington Beach
10 tlo uCT�26c<
FCOUNT jc,1
January 1 , 2024 - December 31 , 2026
MEMORANDUM OF UNDERSTANDING
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE
OF CONTENTS
PREAMBLE 1
ARTICLE II - REPRESENTATIONAL UNIT 1
ARTICLE III -SEVERABILITY 2
ARTICLE IV - MANAGEMENT RIGHTS 2
ARTICLE V-SALARY SCHEDULES AND RETIREMENT 2
A. Salary Adjustments 2
B. California Public Employees' Retirement System (CaIPERS) Pick-up 3
C. Self-Funded Supplemental Retirement Benefit 4
D. Medical Insurance Upon Retirement 5
E. CaIPERS Additional Benefits 5
F. Direct Deposit 6
ARTICLE VI -ADDITIONAL MANAGEMENT BENEFITS 6
A. Holiday Pay-In-Lieu 6
B. Bilingual Skill Pay 7
C. Education Pay 7
D. Emergency Medical Technician Pay 8
E. Strike Team Leader Pay 9
F. Longevity Pay 9
ARTICLE VII - UNIFORMS 10
ARTICLE VIII - WORK SCHEDULE/COMPENSATORY PAY/TIME OFF 10
A. Work Schedule 10
B. Overtime 10
C. Compensatory Pay/Overtime 11
1 . Pay Rate 11
2. Prior approval to accrue compensatory time/overtime 11
3. Description of Compensatory Pay Benefits 11
ARTICLE IX - HEALTH AND OTHER INSURANCE BENEFITS 12
A. Health 12
1 . Effective Date of Coverage 12
FMA MOU January 1, 2024 through December 31, 2026 Page i
MEMORANDUM OF UNDERSTANDING
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE
OF CONTENTS
2. California Public Employees' Retirement System (CaIPERS) Public
Employees' Medical and Hospital Care Act (PEMHCA) 12
3. Dental Insurance 13
Table 1 . FMA Health Contributions Effective January 6, 2024 14
Table 2. FMA Health Contributions Effective January 1, 2023-5 14
4. Retiree (Annuitant) Coverage 14
5. Additional Costs for Participation in the PEMHCA Program 15
6. Medical Opt-Out 16
B. Section 125 Employee Plan 17
C. Life and Accidental Death and Dismemberment 17
D. Long Term Disability Insurance 17
E. Retiree Medical Trust (RMT) 18
F. Miscellaneous 19
1 . City Paid Premiums While on Medical Disability 19
2. Insurance and Benefits Advisory Committee 20
3. Health Plan Over-Payments 20
ARTICLE X - LEAVE BENEFITS 21
A. General Leave 21
1. Accrual 21
2. Eligibility and Approval 21
3. Conversion to Cash 22
4. Transfer of the Value of General Leave at Separation 22
5. General Leave Pay at Separation for Employees Exempt from the Retiree
Medical Trust 22
B. Sick Leave 23
1 . Accrual 23
2. Credit 23
3. Usage 23
4. Family Sick Leave 23
5. Pay Off at Termination 23
C. Bereavement Leave 25
ARTICLE XI - CITY RULES 25
FMA MOU January 1, 2024 through December 31, 2026 Page ii
MEMORANDUM OF UNDERSTANDING
HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION TABLE
OF CONTENTS
ARTICLE XII -- MISCELLANEOUS 25
A. Vehicle Policy 25
B. Deferred Compensation Loan Program 26
C. Association Business 26
D. Modified Return To Work Policy 26
E. Controlled Substance and Alcohol Testing 26
F. Grievance Hearing Officer Fees 27
G. Employer-Employee Relations Resolution 27
H. Alternative Dispute Resolution Agreement 27
ARTICLE XIII - CITY COUNCIL APPROVAL 28
EXHIBIT A— SALARY SCHEDULE 29
EXHIBIT B — SERVICE CREDIT SUBSIDY 32
EXHIBIT C —VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM 36
EXHIBIT D —ALTERNATIVE DISPUTE RESOLUTION AGREEMENT 40
FMA MOU January 1, 2024 through December 31, 2026 Page iii
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
(Herein Called CITY)
AND
THE HUNTINGTON BEACH FIRE MANAGEMENT ASSOCIATION
(Hereinafter Called ASSOCIATION)
PREAMBLE
WHEREAS, the City of Huntington Beach and the Huntington Beach Fire
Management Association (FMA) have met and conferred in good faith with
respect to salaries, benefits and other terms and conditions of employment for
the employees represented by the Association.
Except as expressly provided herein, the adoption of this Memorandum of
Understanding (MOU) shall not change existing terms and conditions of
employment, which have been established for the classifications represented by
the Huntington Beach Fire Management Association.
NOW THEREFORE, this Memorandum of Understanding is effective January 1 , 2024,
and expiring on December 31 , 2026.
This MOU constitutes the entire agreement of the parties as to the changes in
wages, hours, and other terms and conditions of employment of employees
covered hereunder for the term hereof.
ARTICLE II - REPRESENTATIONAL UNIT
It is recognized that the Huntington Beach Fire Management Association is the
employee organization which has the right to meet and confer in good faith with
the City on behalf of represented employees of the Huntington Beach Fire
Department within the classification titles of Deputy Fire Chief, Fire Division Chief,
Fire Battalion Chief, Marine Safety Division Chief, as outlined in Exhibit A attached
hereto and incorporated herein.
FMA MOU January 1, 2024 through December 31, 2026 Page 1
FIRE MANAGEMENT ASSOCIATION
ARTICLE III -SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this MOU or any
additions or amendments thereof, or the application thereof to any person, is for
any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this resolution or its application to other persons. The City Council
hereby declares that it would have adopted this MOU and each section,
subsection, sentence, clause, phrase or portion, and any additions or
amendments thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions, or the application thereof to
any person, be declared invalid or unconstitutional.
ARTICLE IV -MANAGEMENT RIGHTS
The City and the Fire Chief retain all rights, powers and authority to manage and
direct the performance of fire services and the workforce, except as modified
by the Memorandum of Understanding.
The parties agree that the City has the right to unilaterally make decisions on all
matters that are outside the scope of bargaining. Such matters include, but are
not limited to, consideration of the merits, necessity, level or organization of fire
services, staffing requirements, extra duty assignments, number and location of
work stations, nature of work to be performed, contracting for any work or
operation, reasonable employee performance standards, reasonable work and
safety rules and regulations.
ARTICLE V - SALARY SCHEDULES AND RETIREMENT
A. Salary Adjustments
1 . Effective January 6, 2024, employees shall receive a six percent (6%)
increase to their base salary rate.
2. Effective the pay period including January 1, 2025, employees shall
receive a four percent (4%) increase to their base salary rate.
3. Effective the pay period including January 1,2026, employees shall
receive a four percent (4%) increase to their base salary rate.
Employees shall be compensated at hourly rates by job code and pay grade
during the term of this Agreement as set out in Exhibit A attached hereto and
incorporated herein unless expressly provided for in other Articles of this
Memorandum of Understanding.
FMA MOU January 1, 2024 through December 31, 2026 Page 2
FIRE MANAGEMENT ASSOCIATION
B. California Public Employees' Retirement System (CaIPERS) Pick-up
1 . The City shall provide all safety employees described as "classic
members by the Public Employees' Pension Reform Act of 2013- "PEPRA"
with that certain retirement program commonly known and described
as the "3%" at age 50 plan" which is based on the retirement formula as
set forth in the California Public Employees' Retirement System (PERS),
Section 21362.2 of the California Government Code, including the one-
half continuance option (Government Code Sections 21624 and 21626)
for safety employees and the Fourth Level of the 1959 survivor option for
all employees as established by the California Public Employees'
Retirement System, Section 21571 of the California Government Code.
2. All "classic members" shall pay to PERS as part of the required member
retirement contribution nine percent (9%) of pensionable income.
a. Effective the beginning of the pay period that includes July 1 , 2021 ,
all "classic members" shall pay four percent (4%) additional
compensation earnable as employer cost sharing, in accordance
with Government Code Section 20516(f), for a total employee
pension contribution of thirteen percent (13%). The parties agree
that this cost sharing agreement shall continue after the expiration
of this MOU unless/until otherwise negotiated to either an
agreement (in a successor MOU) or the expiration of the impasse
process by the parties.
3. The City has contracted with PERS to have retirement benefits calculated
based upon the employee's highest one year's compensation, pursuant
to the provisions of Section 20042 (highest single year).
4. The obligations of the City and the retirement rights of employees as
provided in this Article shall survive the term of this MOU.
5. The City provides the Pre-Retirement Optional Settlement 2W Death
Benefit as set forth in California Government Code Section 21548 for all
safety employees represented by the Association.
6. For "New Members" within the meaning of the California Public
Employees' Pension Reform Act of 2013 (PEPRA).
FMA MOU January 1, 2024 through December 31, 2026 Page 3
FIRE MANAGEMENT ASSOCIATION
a. New Members shall be governed by the two and seven tenths
percent at age 57 (2.7% @ 57) retirement formula set forth in
Government Code section 7522.25(d).
b. Final compensation will be based on the highest annual average
compensation earnable during the 36 consecutive months
immediately preceding the effective date of his or her retirement, or
some other 36 consecutive month period designated by the
member.
c. "New members" as defined by PEPRA shall contribute one half of
the normal cost rate, as established by CaIPERS.
i. Effective the beginning of the pay period that includes July 1,
2021, all new members shall pay at least thirteen percent (13%)
of pensionable compensation as their retirement contribution. If
the required contribution per PEPRA (half the normal cost) is less
than thirteen percent (13%), employees shall pay the difference
between the required PEPRA contribution and thirteen percent
(13%) as cost sharing per Government Code Section 20516(f). If
the required PEPRA contribution is at least thirteen percent (13%)
or more, new members will pay the required PEPRA contribution.
The parties agree that this cost sharing agreement shall continue
after the expiration of this MOU unless/until otherwise negotiated
to either an agreement (in a successor MOU) or the expiration of
the impasse process by the parties.
7. The City has adopted the CalPERS Resolution in accordance with IRS
Code section 414(h)(2) to ensure that both the employee contribution
and the City pickup of the required member contribution are made on
a pre-tax basis. However, ultimately, the tax status of any benefit is
determined by the law.
C. Self-Funded Supplemental Retirement Benefit
Employees hired prior to August 17, 1998, are eligible for the Self-Funded
Supplemental Retirement Benefit, which provides that:
1 . In the event an employee elects Option #1, #2, #2W, #3, #3W, or #4 of
the Public Employees' Retirement Law, the City shall pay the difference
between such elected option and the unmodified allowance which the
employee would have received for his/her life alone as provided in
FMA MOU January 1, 2024 through December 31, 2026 Page 4
FIRE MANAGEMENT ASSOCIATION
California Government Code Sections 21455, 21456, 21457, and 21548 as
said referenced Government Code sections exist as of the date of this
agreement. This payment shall be made only to the employee, shall be
payable by the City during the life of the employee, and upon that
employee's death, the City obligation shall cease. The method of
funding this benefit shall be at the sole discretion of the City. This benefit
is vested for employees covered by this agreement.
2. Employees hired on or after August 17, 1998, shall not be eligible for this
benefit.
D. Medical Insurance Upon Retirement
As required by the Government Code, while the City is contracted with
CaIPERS 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. CaIPERS shall be the sole
determiner of eligibility for retiree (annuitant) to participate in the PEMHCA
program.
The City's requirement to provide retirees (annuitants) medical coverage is
solely governed by the Government Code requirement that PEMHCA
agencies extend this benefit to retirees (annuitants). If by agreement
between the Association and the City or if the City elects to impose
termination of its participation in the PEMHCA program, retirees (annuitants)
shall no longer be eligible for City provided medical insurance.
In the event that the City terminates its participation in the PEMHCA program,
the retiree medical subsidy program in place in Resolution No. 2002-120 Exhibit
B to the Memorandum of Understanding shall be reinstated. The City shall
make any necessary modifications to conform to the new City sponsored
medical insurance plan.
E. CaIPERS Additional Benefits
1 . The City shall provide all "Classic" safety employees with the retirement
program commonly known and described as the "3% at age 50 plan"
which is based on the retirement formula as set forth in the California
Public Employees' Retirement Law, , Section 21362.2 of the California
Government Code, including the one-half continuance option
(Government Code Sections 21263 and 21263.1 ) for safety employees
and the Fourth Level of the 1959 survivor option for all employees as
FMA MOU January 1, 2024 through December 31, 2026 Page 5
FIRE MANAGEMENT ASSOCIATION
established by the California Public Employees' Retirement Law, Section
21574 of the California Government Code.
2. The City shall continue to contract with CaIPERS to have retirement
benefits calculated based upon the employee's highest one year's
compensation, pursuant to the provisions of Section 20042 (highest single
year).
3. The obligations of the City and the retirement rights of employees as
provided in this Article shall survive the term of this MOU.
4. Employees shall be covered by the Pre-Retirement Optional Settlement
2W Death Benefit as provided in Government Code Section 21548.
F. Direct Deposit
All unit employees shall be required to utilize direct deposit of payroll checks.
ARTICLE VI -ADDITIONAL MANAGEMENT BENEFITS
A. Holiday Pay-In-Lieu
Employees shall be compensated by the City in lieu of the ten (10) listed
holidays at the rate of 3.0768 hours multiplied by the employee's hourly rate
set forth in Exhibit A, payable each and every pay period. The following are
the recognized legal holidays under this MOU:
1 . New Year's Day (January 1)
2. Martin Luther King's Birthday (third Monday in January)
3. President's Day (third Monday in February)
4. Memorial Day (last Monday in May)
5. Independence Day (July 4)
6. Labor Day (first Monday in September)
7. Veteran's Day (November 11)
8. Thanksgiving Day (fourth Thursday in November)
9. Friday after Thanksgiving
10. Christmas Day (December 25)
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,
FMA MOU January 1, 2024 through December 31, 2026 Page 6
FIRE MANAGEMENT ASSOCIATION
and adopted as an employee holiday by the City Council of Huntington
Beach.
Holidays which fall on Sunday shall be observed the following Monday, and
those falling on Saturday shall be observed the preceding Friday.
Employees designated by the Fire Chief who are required to work regular shifts
on the above listed holidays as set forth in this Article, shall not be entitled to
time off or additional pay.
The parties agree, to the extent permitted by law, the compensation in this
section is special compensation and shall be reported as such pursuant to
Title 2 CCR, Section 571 (a)(5) Holiday Pay.
B. Bilingual Skill Pay
Employees whose bilingual skills are qualified, in accordance with the most
current Huntington Beach Fire Department Organization Manual Policy D26,
shall be paid an additional five percent (5%) of their base rate of pay in
addition to their regular bi-weekly salary.
In order to be qualified and certified for said compensation, employee's
language proficiency will be tested and certified by the Administrative
Services Director or designee. Basic conversational proficiency will be
evaluated based on response to a scenario driven oral evaluation. Human
Resources will notify candidates of the results of the oral evaluation. If the
candidate's attempt is unsuccessful, they may repeat the process in six (6)
months' time from the date of the previous exam. Bilingual skill pay shall begin
the first day of the pay period following certification.
The parties agree that to the extent permitted by law, Bilingual Skill Pay is
special compensation and shall be reported as such pursuant to Title 2 CCR,
Section 571 (a)(4) Bilingual Premium.
C. Education Incentive Pay
1 . Effective January 6, 2024, employees who possess a Bachelor's of
Science or Bachelor's of Arts Degree shall receive education incentive
pay of two percent (2%) of their base rate of pay.
FMA MOU January 1, 2024 through December 31, 2026 Page 7
FIRE MANAGEMENT ASSOCIATION
2. Effective the first pay period including January 1 , 2025, employees who
possess a Bachelor's of Science or Bachelor's of Arts Degree shall receive
education incentive pay of three percent (3%) of their base rate of pay.
3. Effective January 6, 2024, employees who have attained a Master's
Degree or successfully completed the United States Fire Administration
Executive Fire Officer Program (EFOP) shall receive education incentive
pay of four percent (4%) of their base rate of pay.
4. Effective the first pay period including January 1 , 2025, employees who
possess a Master's Degree or successfully completed the United States
Fire Administration Executive Fire Officer Program (EFOP) shall receive
education incentive pay of six percent (6%) of their base rate of pay.
5. The City supports employee participation in the EFOP. The City will
provide each participating employee, upon EFOP program
acceptance, full payment of each required program course, time to
attend the course for each required program year, and travel expense
to attend the required course for each program year.
6. The parties agree there shall be no pyramiding of this special pay. Unit
members shall only receive one (1) Education Incentive pay under this
provision.
7. The parties agree that to the extent permitted by law, the compensation
in this section is special compensation and shall be reported as such
pursuant to Title 2 CCR, Section 571 (a)(2) Educational Incentive Pay.
D. Emerciencv Medical Technician Pay
All employees in the unit who possess an Emergency Medical Technician
(EMT) certification shall receive one and sixty-seven one hundredths percent
(1 .67%) of base rate of pay.
The parties agree that to the extent permitted by law, Emergency Medical
Technician (EMT) Pay is special compensation and shall be reported as such
pursuant to Title 2 CCR, Section 571 (a)(2) Emergency Medical Technician Pay.
FMA MOU January 1, 2024 through December 31, 2026 Page 8
FIRE MANAGEMENT ASSOCIATION
E. Strike Team Leader Pay
Effective January 6, 2024, employees who successfully complete the required
Incident Command System (ICS) training courses as outlined in the California
Incident Command Certification System (CICCS) Incident Qualifications
Guide, will receive one percent (1%) of their base rate of pay.
The parties agree that to the extent permitted by law, the compensation in
this section is special compensation and shall be reported as such pursuant
to Title 2 CCR, Section 571 (a)(2) Educational Incentive Pay.
F. Longevity Pay
Effective January 6, 2024, all employees with the following full time, paid
employment as a Firefighter shall receive the following longevity pay:
1 . Five (5) years or more, but less than ten (10) years, of service shall receive
longevity pay equal to 2.5% of base salary.
2. Ten (10) years or more, but less than twenty (20) years, of service shall
receive longevity pay equal to 5% of base salary.
3. Twenty (20) years or more of service shall receive longevity pay equal to
nine percent (9%) of base salary.
There shall be no pyramiding of this special pay. Unit members may only
receive one (1 ) longevity pay under this provision. The maximum amount of
longevity pay that a member may receive is nine percent (9%).
Volunteer, reserve, and part-time position time will not be factored into the
total years of service under Longevity Pay.
The parties agree that to the extent permitted by law, Longevity Pay is special
compensation and shall be reported as such pursuant to Title 2 CCR, Section
571 (a)(1 ) Longevity Pay.
FMA MOU January 1, 2024 through December 31, 2026 Page 9
FIRE MANAGEMENT ASSOCIATION
ARTICLE VII - UNIFORMS
The City agrees to provide uniforms to employees on active duty who are required
to wear uniforms. For each eligible employee, the City will report to the CaIPERS
the average annual cost of uniforms provided by the City as special compensation
in accordance with Title 2, California Code of Regulations, Section 571 (a)(5). For
employees who are not actively employed for an entire payroll calendar year, a
prorated cost of uniforms shall apply. For "new members" as defined by the Public
Employees' Pension Reform Act of 2013, the cost of uniforms will not be reported
as compensation earnable to CaIPERS.
ARTICLE VIII - WORK SCHEDULE/COMPENSATORY PAY/TIME OFF
A. Work Schedule
1 . All twenty-four (24) hour shift employees shall work an average of fifty-six
(56) hours per week pursuant to the current schedule of two (2) twenty-
four (24) hour shifts in a two (2) day period with four (4) consecutive days
off. Total hours worked in a calendar year will equal two thousand nine
hundred and twelve (2912) hours.
Effective July 1, 2021, the work period is 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, twenty eight (28) day 7(K)
FLSA work period. Total hours worked in a calendar year will equal 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
does not count as hours worked.
B. Overtime
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
FMA MOU January 1, 2024 through December 31, 2026 Page 10
FIRE MANAGEMENT ASSOCIATION
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).
C. Compensatory Pay/Overtime
1 . Pay Rate
In addition to the overtime pay as provided in paragraph B above, all
employees shall receive pay at the overtime rate (1 1/2 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 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.
3. Description of Compensatory Pay Benefits
a. Compensatory pay is paid at the forty (40) hour hourly rate for each
hour.
b. Compensatory time earned can be converted to cash at the
employee's forty (40) hour hourly rate.
c. Maximum accrual shall be one hundred sixty (160) hours.
FMA MOU January 1, 2024 through December 31, 2026 Page 11
FIRE 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. A copy of the medical, dental, and
vision plan brochures may be obtained from the Human Resources Division.
1 . Effective Date of Coverage
An employee and eligible dependent(s) shall become eligible to
participate in the City's health insurance plans described herein.
Effective the first of the month following the employee's date of hire, any
required employee payroll deduction shall begin with the first full pay
period following the effective date of coverage and shall continue
through the end of the month in which the employee separates from
employment. All employee contributions shall be deducted on a pre-tax
basis.
2. California Public Employees' Retirement System (CaIPERS) Public
Employees' Medical and Hospital Care Act (PEMHCA)
The City presently contracts with CaIPERS to provide medical coverage.
The City is required under CaIPERS PEMHCA to make a contribution to
retiree medical premiums. A retiree's right to receive a City contribution,
and the City's obligation to make payment on behalf of retirees, shall
only exist as long as the City contracts with CaIPERS for medical
insurance, except as provided in Article VIII(4)(b). In addition, while the
City is in CaIPERS, its obligations to make payments on behalf of retirees
shall be limited to the minimum payment required by law.
a. PEMHCA Employer Contributions
The City shall contribute on behalf of each employee the
mandated minimum sum per month toward the payment of
premiums for medical insurance under the PEMHCA program. As
the mandated minimum is increased, the City shall make the
appropriate adjustments by decreasing its flex benefits contribution
accordingly as defined in the following sub-section.
FMA MOU January 1, 2024 through December 31, 2026 Page 12
FIRE MANAGEMENT ASSOCIATION
b. Maximum Employer Contributions
For the term of this agreement, the City's maximum monthly
employer contribution for each employee's health and other
insurance premiums are set forth as follows:
i. The maximum City contribution shall be based on the
employee's enrollment in each plan. The parties agree that
the mandated minimum PEMHCA contribution referenced
above in paragraph 2a is included in the sums stated above
in this sub-section. If the employee enrolls in a plan wherein
the costs exceed the City contribution, the employee is
responsible for all additional premiums through pre-tax payroll
deductions.
ii. Effective January 6, 2024, the City's maximum monthly
contribution shall be:
Single - $859.00
Two Party - $1 ,728.00
Family - $2,201 .00
iii. Effective the first pay period in January 2025, the City's
maximum monthly contribution shall be:
Single - $892.00
Two Party - $1 ,794
Family - $2,285
iv. Any increase in premiums above the City's 2025 contribution
cap will be the responsibility of the employee.
3. Dental Insurance
The annual maximum benefit for the Delta Dental PPO plan is $2000.
a. Effective January 1 , 2022, the maximum City contribution shall be
equivalent to the premium for the Delta Dental PPO plan based on
the employee's enrollment of employee only ("EE"), employee plus
one dependent ("EE+1 "), or employee plus two or more dependents
("EE+2").
FMA MOU January 1, 2024 through December 31, 2026 Page 13
FIRE MANAGEMENT ASSOCIATION
b. Effective January 1 , 2023, the City contribution shall not increase.
Any increase in premiums above the City's current contribution
cap will be the responsibility of the employee.
The City's maximum monthly employer contributions for health and other
insurance premiums are summarized in the tables below. The amounts are
inclusive of the CaIPERS statutory minimum amount.
Table 1. FMA Health Contributions Effective January 6, 2024
Maximum City Contributions
Tier Medical Dental Dental Vision
PPO HMO
Single 859.00 58.00 26.54 23.87
Two-Party $1 ,728.00 108.40 45.12 23.87
Family $2,201 .00 142.90 69.01 23.87
Opt-out 745.83 - - -
Table 2. FMA Health Contributions Effective January 1, 2023-5
Maximum City Contributions
Tier Medical Dental Dental Vision
PPO HMO
Single 892.00 58.00 26.54 23.87
Two-Party 1 ,794.00 108.40 45.12 23.87
Family 2,285.00 142.90 69.01 23.87
Opt-out 769.16 - - -
4. Retiree (Annuitant) Coverage
As required by the Government Code retired employees (annuitants)
shall have available the ability to participate in the PEMHCA program.
The City's requirement to provide retirees and/or annuitants medical
coverage is solely governed by the Government Code requirement to
extend this benefit to retirees (annuitants). While the City is contracted
with CaIPERS to participate in the PEMHCA program, CaIPERS shall be the
FMA MOU January 1, 2024 through December 31, 2026 Page 14
FIRE MANAGEMENT ASSOCIATION
sole determiner of eligibility for retiree and/or annuitant to participate in
the PEMHCA program.
a. City Contribution (Unequal Contribution Method) for Retirees
As allowed by the Government Code and the CaIPERS Board, and
requested by the Association, the City shall use the Unequal
Contribution Method to make the mandated minimum allowable
City contribution on behalf of each retiree or annuitant.
b. Termination of Participation in the CaIPERS PEMHCA program -
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 per
Resolution No. 2002-120, Exhibit B, to the Memorandum of
Understanding shall be reinstated. The City shall make any
necessary modifications to conform to the new City sponsored
medical insurance plan.
5. Additional Costs for Participation in the PEMHCA Program
a. Retiree and/or Annuitant Coverage
The Association shall pay to the City an amount equal to $1 .00 per
month for each additional retiree and/or annuitant in the
bargaining unit who elects to participate in the PEMHCA plan but is
not participating in the City sponsored retiree medical program as
of the beginning of a pay period after the PEMHCA program is in
place.
Each January 1st the amount per month paid to the City for each
retiree and/or annuitant described above shall increase by the
FMA MOU January 1, 2024 through December 31, 2026 Page 15
FIRE MANAGEMENT ASSOCIATION
amount PEMHCA requires the City to pay on behalf of each retiree
(annuitant). Article VIII (A) (4) (a) above provides an example of
expected payments per retiree or annuitant per month.
In the event of passage of state legislation,judicial rulings, or 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 CaIPERS after the announcement of state legislation,
judicial rulings, or a CaIPERS board action that changes the
employer's contribution, insurance premiums or program changes
to the CaIPERS medical plan.
The City and Association may elect to terminate its participation in
the CalPERS PEMHCA program by mutual agreement through the
meet and confer process between the Association and the City.
6. Medical Opt-Out
If an employee is covered by a group health insurance outside of a City-
provided program (evidence of which must be supplied to the Human
Resources Division, as described below), the employee may elect to
discontinue City health insurance coverage and receive as taxable
compensation, the cash equivalent of the single-party maximum City
contribution, paid bi-weekly.
FMA MOU January 1, 2024 through December 31, 2026 Page 16
FIRE MANAGEMENT ASSOCIATION
This amount may be deposited into the employee's deferred
compensation account or any other pre-tax program offered by the City.
In order to be eligible for the opt-out payment the employee must be
able to demonstrate to the City's satisfaction that they have minimum
essential coverage as defined by the Affordable Care Act, (through
another source other than coverage in the individual market, whether or
not obtained through Covered California) and will not incur penalties
under the ACA.
B. Section 125 Employee Plan
The City shall provide an Internal Revenue Code Section 125 employee plan
that allows employees to use pre-tax salary to pay for regular childcare, adult
dependent care and/or medical expenses as determined by the Internal
Revenue Code.
C. Life and Accidental Death and Dismemberment
Each employee shall be provided with $50,000 (fifty thousand) life insurance
and $50,000 (fifty thousand) accidental death and dismemberment
insurance paid for by the City. Each employee shall have the option, at their
own expense, to purchase additional amounts of life insurance and
accidental death and dismemberment insurance to the extent provided by
the City's current providers. Evidence of insurability is contingent upon total
participation in additional amounts.
D. Long Term Disability Insurance
This program provides, for each incident of illness or injury, a waiting period of
thirty (30) calendar days, during which the employee may use accumulated
sick leave, general leave, or the employee may elect to be in a non-pay
status. Subsequent to the thirty (30) day waiting period, the employee will be
covered by an insurance plan paid for by the City, providing 66 2/3% (sixty six
and two-third percent) of the first $12,500 (twelve thousand five hundred) of
the employee's basic monthly earnings.
The maximum benefit period for disability due to accident or sickness shall be
to age 65 (sixty-five).
Days and months refer to calendar days and months. Benefits under the plan
are integrated with sick leave, Worker's Compensation, Social Security and
FMA MOU January 1, 2024 through December 31, 2026 Page 17
FIRE MANAGEMENT ASSOCIATION
other non-private program benefits to which the employee may be entitled.
Disability is defined as: "The inability to perform all of the duties of regular
occupation during two years, and thereafter the inability to engage in any
employment or occupation, for which he is fitted by reason of education,
training or experience." Rehabilitation benefits are provided in the event the
individual, due to disability, must engage in another occupation. Survivor's
benefit continues plan payment for three (3) months beyond death. A copy
of the plan is on file in the Human Resources Division.
E. Retiree Medical Trust (RMT)
The City authorizes the FMA to participate in a retiree medical plan
administered by the PORAC Retiree Medical Trust ("Retiree Medical Trust" or
"RMT"), with the following conditions:
1 . The City and FMA agree that the City shall not provide any contribution
to the program.
2. Effective 10/01/2020, City shall withhold $100.00 per month for each
represented employee. Thereafter, said withholding shall be in an
amount as designated in writing by FMA. Deductions shall be made on
the first two pay periods of each month.
3. The City shall withhold $100.00 per month on a pre-tax basis for each
represented employee to participate in the program. The withholding
amount could change and if it does, it shall be in an amount as
designated in writing by the FMA and shall be applicable to each
employee. Deductions shall be taken on the first two checks of each
month.
4. Participation and contributions are required for every member of the
bargaining unit represented by the Association. However, this
requirement will not apply to an employee who is entitled to receive full
retiree medical coverage due to their service in the United States military
(Military Exception).
5. FMA shall pay all associated expenses incurred to participate in this
program.
6. Upon request, the FMA shall provide documentation to the City as
follows:
FMA MOU January 1, 2024 through December 31, 2026 Page 18
FIRE MANAGEMENT ASSOCIATION
a. A copy of the in-force employee medical welfare benefit trust fund
program;
b. A statement certifying that funds collected are for employee
welfare medical benefits for FMA represented employees only;
c. A copy of the current program document as well as any changes,
amendments or written confirmation that there have been no
changes to the employee medical welfare benefit trust fund
program provider;
d. Verification of the funds submitted to the PORAC Retiree Medical
Trust; and
e. A statement certifying that the submitted funds are only being
utilized to provide employee welfare medical benefit trust funds for
participating members including members of the FMA.
7. City shall pay the withheld funds to the PORAC Retiree Medical Trust
biweekly.
8. All Federal and State laws regarding employee medical welfare benefit
trust funds coverage shall be followed.
9. FMA agrees that it will indemnify and hold harmless the City as well as all
direct or indirect successors, officers, directors, heirs, predecessors,
assigns, agents, insurers, employees, attorneys, representatives, and
each of them, past and present, from and against any claims, lawsuits,
penalties, interest, taxes, or liability of any kind whatsoever, which may
result from the qualified employee welfare benefit trust fund program.
10. The City hereby acknowledges receipt of the Trust Agreement governing
the Trust and will comply with rules set by the Trust Office in regard to
reporting and depositing the required contributions set forth above. The
City will cooperate with the Trust in allowing a payroll audit for the
purpose of ascertaining if the proper amount of contributions have been
made.
F. Miscellaneous
1 . City Paid Premiums While on Medical Disability
When an employee is off work without pay for reason of medical
disability, the City shall maintain the City paid employee's insurance
premiums during the period the employee is in a non-pay status for the
length of said leave, not to exceed twenty-four (24) months.
FMA MOU January 1, 2024 through December 31, 2026 Page 19
FIRE MANAGEMENT ASSOCIATION
2. Insurance and Benefits Advisory Committee
The City and the Association participate in a City-wide joint labor and
management insurance and benefits advisory committee to discuss and
study issues relating to insurance benefits available for employees.
3. Health Plan Over-Payments
Unit employees shall be responsible for accurately reporting the removal
of ineligible dependents from health plan coverage. The City shall have
the right to recover any premium paid by the City, on behalf of ineligible
dependents. Recovery of such over-payments shall be made as follows:
a. Reduction of Employee's Bi-Weekly Salary Warrant
The employee's bi-weekly salary warrant shall be reduced by one
half (1/2) of the amount of the bi-weekly over-payment. Such
reduction shall continue until the entire amount of the
overpayment is recovered.
b. Notice of Ineligible Dependents
The City shall use its best efforts to advise all unit employees of their
obligation to report changes in the status of dependents, which
affect their eligibility.
c. Twelve Month Recovery Period
The City shall be entitled to recover a maximum of twelve (12)
months of premium over-payments. Neither the employee nor the
dependent shall be liable to the City other than as provided herein.
FMA MOU January 1, 2024 through December 31, 2026 Page 20
FIRE MANAGEMENT ASSOCIATION
ARTICLE X - LEAVE BENEFITS
A. General Leave
1 . Accrual
Employees accrue General Leave at the accrual rates outlined below.
General Leave may be used for any purpose, including vacation, sick
leave and personal leave. Employees shall accrue General Leave at
their appropriate assigned work schedule rate, either forty (40) hour or
fifty six (56) hour workweek. In the event of a change in work schedules,
which must be at the beginning of a pay period, payroll shall change the
accrued General Leave balance and accrual rate based on the new
schedule using the conversion factor of .7143. Personnel who change
from a fifty-six (56) hour schedule to a forty (40) hour schedule shall
multiply the existing General Leave by .7143. Personnel who change
from a forty (40) hour schedule to a fifty-six (56) hour schedule shall divide
their existing General Leave by .7143.
General Leave General Leave
Years of Service Accrual Accrual
40-Hour Rate 56-Hour Rate
First through Fourth Year 176 Hours 246.4 Hours
Fifth through Ninth Year 200 Hours 280.0 Hours
Tenth through Fourteenth Year 224 Hours 313.6 Hours
Fifteenth Year and Thereafter 256 Hours 358.4 Hours
2. Eligibility and Approval
General Leave must be pre-approved; except for illness, injury or family
sickness, which may require a physician's statement for approval.
Accrued General Leave may not be taken prior to six (6) months' service
except for illness, injury or family sickness. General Leave accrued time is
to be computed from hiring date anniversary. Employees shall not be
permitted to take General Leave in excess of actual time earned.
Employees on a forty (40) hour schedule shall not accrue General Leave
in excess of six hundred forty (640) hours; fifty-six (56) hour employees shall
not accrue General Leave in excess of eight hundred and ninety six (896)
hours.
FMA MOU January 1, 2024 through December 31, 2026 Page 21
FIRE MANAGEMENT ASSOCIATION
General Leave accumulated in excess of six hundred forty (640) hours for
forty (40) hour schedule employees and General Leave accumulated in
excess of eight hundred and ninety-six (896) hours for
fifty-six (56) hour employees shall be paid at the base hourly rate of pay,
on the first pay day following such accumulation.
Employees may not use their General Leave to advance their separation
date on retirement or other separation from employment.
3. Conversion to Cash
Twice during each fiscal year, each employee shall have the option to
convert into a cash payment up to a total of one hundred twenty (120)
hours of earned General Leave benefits. The employee shall give two (2)
weeks advance notice of their desire to exercise such option.
4. Transfer of the Value of General Leave at Separation
At the time of separation, the value of any unused earned General
Leave (earned up to the last day of employment) will be transferred to
either the employee's deferred compensation account or to the Retiree
Medical Trust outlined in Article IX, Section E, on a pre-tax basis. The value
of each hour of General Leave will be the employee's base rate of pay
at separation.
The employee must make the election for the transfer (to either deferred
compensation or the Retiree Medical Trust) no later than the pay period
prior to the employee's last day of employment. If no election is made,
all unused earned General Leave will be transferred to the Retiree
Medical Trust upon separation. If the employee elects to place some of
the General Leave into their deferred compensation account or reaches
the maximum annual deferral into their deferred compensation account,
the remaining amount will be transferred to the Retiree Medical Trust.
5. General Leave Pay at Separation for Employees Exempt from the Retiree
Medical Trust
Upon separation of employment, employees exempt from the Retiree
Medical Trust shall be paid for unused General Leave at their current
regular rate of pay for all unused earned General Leave to which they
are entitled up to and including the last day of employment.
FMA MOU January 1, 2024 through December 31, 2026 Page 22
FIRE MANAGEMENT ASSOCIATION
B. Sick Leave
1 . Accrual
No employee shall accrue sick leave.
2. Credit
Employees assigned to FMA shall carry forward their sick leave balance
and shall no longer accrue sick leave credit.
3. Usage
Employees may use accrued sick leave for the same purposes for which
it was used prior to the employee's assignment to FMA.
4. Family Sick Leave
The City will provide family and medical care leave for eligible
employees that meet all requirements of State and Federal law. Rights
and obligations are set forth in the Department of Labor Regulations
implementing the Family Medical Leave Act (FMLA), and the regulations
of the California Fair Employment and Housing Commission
implementing the California Family Rights Act (CFRA).
5. Pay Off at Termination
a. Employees hired after November 20, 1978, shall be entitled to the
following sick leave payoff plan:
Upon termination, all employees shall be paid, at their then current
forty (40) hour equivalent rate, for twenty-five percent (25%) of
unused, earned sick leave to four hundred eighty (480) hours
accrued, and for thirty-five percent (35%) of all unused, earned sick
leave in excess of four hundred eighty (480) hours, but not to
exceed seven hundred twenty (720) hours, except as provided in
paragraph 4 below.
b. Except as provided in paragraph 4 below, no employee shall be
paid at termination for more than seven hundred twenty (720) hours
of unused, accumulated sick leave. However, employees may
FMA MOU January 1, 2024 through December 31, 2026 Page 23
FIRE MANAGEMENT ASSOCIATION
utilize accumulated sick leave on the basis of "last in, first out"
meaning that sick leave accumulated in excess of the maximum for
payoff may be utilized first for sick leave, as defined in Personnel Rule
18-8.
c. Employees who had unused, accumulated sick leave in excess of
seven hundred twenty (720) hours as of July 5, 1980, shall be
compensated for such excess sick leave remaining on termination
under the formulas described in paragraphs a and b above. In no
event shall any employee be compensated upon termination for
any accumulated sick leave in excess of the "cap" established by
this paragraph (i.e., 720 hours plus the amount over seven hundred
twenty (720) hours existing on July 5, 1980). Employees may continue
to utilize sick leave accrued after that date in excess of such "cap"
on a "last in, first out" basis.
d. To the extent that any "capped" amount of excess sick leave over
seven hundred twenty (720) hours is utilized, the maximum
compensable amount shall be correspondingly reduced. (Example:
Employee had one thousand (1 ,000) hours accumulated. Six
months after July 5, 1980, employee has accumulated another forty
eight (48) hours. Employee is then sick for one hundred (120) hours.
Employee's maximum sick leave "cap" for compensation at
termination is now reduced by seventy two (72) hours to nine
hundred twenty-eight (928) hours.
e. Transfer of the Value of Sick Leave at Separation
Upon separation of employment, the value of any unused sick
leave, as determined in accordance with Section a-e above, will be
transferred to either the employee's deferred compensation
account or to the Retiree Medical Trust on a pre-tax basis.
f. Sick Leave Pay at Separation for Employees Exempt from the Retiree
Medical Trust
Upon separation of employment, employees exempt from the
Retiree Medical Trust shall be paid for unused sick leave in
accordance with Sections a-e above.
FMA MOU January 1, 2024 through December 31, 2026 Page 24
FIRE MANAGEMENT ASSOCIATION
C. Bereavement Leave
Employees assigned to the forty (40) hour work week shall be entitled to
Bereavement Leave not to exceed thirty (30) work hours in each instance of
death in the immediate family.
Employees assigned to the fifty-six (56) hour work week for suppression
assignments shall be entitled to Bereavement Leave not to exceed forty-eight
(48) work hours in each instance of death in the immediate family.
Immediate family is defined as father, mother, sister, brother, spouse,
registered domestic partner, children, grandfather, grandmother, stepfather,
stepmother, step grandfather, step grandmother,
grandchildren, stepsisters, stepbrothers, mother-in-law, father-in-law, son-in-
law, daughter-in-law, brother-in-law, sister-in-law, stepchildren, or wards of
which the employee is the legal guardian.
ARTICLE XI - CITY RULES
The City's Personnel Rules are incorporated into this Agreement by reference as
though set forth in full. All City Personnel Rules shall apply to Association members,
however, to the extent this MOU modifies the City's Personnel rules, the Personnel
Rules as modified will apply to Association members.
ARTICLE XII -- MISCELLANEOUS
A. Vehicle Policy
1 . Approval is required by the City Manager or their designee for any City
vehicle to be taken home by an employee.
2. The auto allowance for qualifying employees shall be one hundred sixty-
one dollars and fifty-three cents ($161 .53) bi-weekly.
3. The monthly automobile allowance shall not be reduced during the term
of this agreement.
FMA MOU January 1, 2024 through December 31, 2026 Page 25
FIRE MANAGEMENT ASSOCIATION
4. Eligibility for automobile allowance and the use of City vehicles shall be
determined in accordance with the Administrative Regulation, Vehicle
Use Policy and the City's Fleet Management Program.
5. Only employees that reside within thirty-five (35) miles of the City's limits
may be assigned a City vehicle.
An employee assigned a vehicle may be required to be able to report
directly to work or any emergency situation, at the direction of the Fire
Chief or their designee. Use of the assigned vehicle for more than
minimal personal use is not authorized.
Employees assigned a City vehicle pursuant to this section shall
participate in the DMV Pull Notice program.
B. Deferred Compensation Loan Program
Employees may borrow up to fifty percent (50%) of their deferred
compensation funds for critical needs, such as medical costs, college tuition,
or purchase of a home, pursuant to program standards and regulations.
C. Association Business
An allowance of fifty (50) hours per year shall be established for the purpose
of allowing authorized representatives of the Association to represent
employees in their employment relations.
D. Modified Return To Work Policy
The City and Association agree to meet and confer during the term of this
agreement to establish a modified return to work policy for employees who
experience an industrial or non-industrial injury or illness.
E. Controlled Substance and Alcohol Testing
The City maintains the right to conduct a controlled substance and/or alcohol
test during working hours of any employee that it reasonably suspects is under
the influence of alcohol or a controlled substance in the workplace.
FMA MOU January 1, 2024 through December 31, 2026 Page 26
FIRE MANAGEMENT ASSOCIATION
F. Grievance Hearing Officer Fees
The City and Association agree that for any personnel matter, pursuant to
Personnel Rules 19 and 20, whereby a hearing officer is mutually agreed
upon to render an opinion, the hearing officer costs shall be shared equally
by the City and Association.
G. Employer-Employee Relations Resolution
During the term of this agreement, the City and the Association agree to
meet and confer to update the Employer Employee Relations Resolution to
reflect current state law.
H. Alternative Dispute Resolution Agreement
The Alternative Dispute Resolution (ADR) agreement between the City and
FMA as executed on April 1 , 2013, and amended on December 16, 2019, is
herein referenced as Exhibit D.
FMA MOU January 1, 2024 through December 31, 2026 Page 27
FIRE MANAGEMENT ASSOCIATION
ARTICLE XIII - CITY COUNCIL APPROVAL
It is the understanding of the City and the Association that this Memorandum of
Understanding is of no force or effect whatsoever unless and until adopted by
Resolution of the City Council of the City of Huntington Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding this \\/7 6-day of ._.)<aw('o,.,, , 2024.
HUNTINGTON BEACH
CITY OF HUNTINGTON BEA H FIRE MA AGEMENT ASSOCIATION
Eric Parra Martin Orti
City Manager FMA Presid nt
h
Travis Hopkins Jeff L z
Assistant City Manager F e President
•
Theresa St. Peter
Interim Human Resource Director
._____, 0-- —
Scott Haberle
Fire Chief
APPROVED A RM:
is el Gates
C. Attorney
FMA MOU January 1, 2024 through December 31, 2026 Page 28
FIRE MANAGEMENT ASSOCIATION
EXHIBIT A-SALARY SCHEDULE
FMA PAY SCHEDULE
EFFECTIVE 01-06-2024
40 Hour Rate(Hourly)
Job Job Description Range A B C D E F G
No
0031 Fire Battalion Chief 254 69.44 72.91 76.55 80.38 84.40 88.62 93.05
0032 Marine Safety Division 254 69.44 72.91 76.55 80.38 84.40 88.62 93.05
Chief
0026 Fire Division Chief 264 76.70 80.54 84.56 88.79 93.23 97.89 102.79
0812 Fire Deputy Chief 274 84.72 88.96 93.41 98.08 102.98 108.13 113.54
56 Hour Rate(Hourly)
Job Job Description Range A B C D E F G
No
0031 Fire Battalion Chief 254 49.60 52.08 54.68 57.41 60.29 63.30 66.46
0032 Marine Safety Division 254 49.60 52.08 54.68 57.41 60.29 63.30 66.46
Chief
0026 Fire Division Chief 264 54.79 57.53 60.40 63.42 66.59 69.92 73.42
0812 Fire Deputy Chief 274 60.52 63.54 66.72 70.06 73.56 77.24 81.10
Monthly Rate
Job Job Range A B C D E F G
No Description
0031 Fire Battalion 254 12,035.52 12,637.30 13,269.16 13,932.62 14,629.25 15,360.71 16,128.75
Chief
0032 Marine Safety 254 12,035.52 12,637.30 13,269.16 13,932.62 14,629.25 15,360.71 16,128.75
Division Chief
0026 Fire Division 264 13,294.70 13,959.44 14,657.41 15,390.28 16,159.79 16,967.78 17,816.17
Chief
0812 Deputy Fire 274 14,685.62 15,419.90 16,190.90 17,000.44 17,850.47 18,742.99 19,680.14
Chief
FMA MOU January 1,2024 through December 31,2026 Page 29
FIRE MANAGEMENT ASSOCIATION
EXHIBIT A - SALARY SCHEDULE
FMA PAY SCHEDULE
EFFECTIVE 01-01-2025
40 Hour Rate (Hourly)
Job Job Description Range A B C D E F G
No
0031 Fire Battalion 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83
Chief
0032 Marine Safety 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83
Division Chief
0026 Fire Division 268 79.81 83.81 88.00 92.40 97.02 101.87 106.96
Chief
0812 Fire Deputy 278 88.16 92.57 97.20 102.06 107.17 112.52 118.15
Chief
56 Hour Rate(Hourly)
Job Job Description Range A B C D E F G
No
0031 Fire Battalion 258 51.61 54.19 56.90 59.75 62.73 65.87 69.16
Chief
0032 Marine Safety 258 51.61 54.19 56.90 59.75 62.73 65.87 69.16
Division Chief
0026 Fire Division 268 57.01 59.86 62.85 66.00 69.30 72.76 76.40
Chief
0812 Fire Deputy 278 62.97 66.12 69.43 72.90 76.55 80.37 84.39
Chief
Monthly Rate
Job Job Description Range A B C D E F G
No
0031 Fire Battalion 258 12,524.21 13,150.42 13,807.94 14,498.34 15,223.26 15,984.42 16,783.64
Chief
Marine Safety
0032 258 12,524.21 13,150.42 13,807.94 14,498.34 15,223.26 15,984.42 16,783.64
Division Chief
0026 Fire Division 268 13,834.52 14,526.25 15,252.56 16,015.19 16,815.95 17,656.74 18,539.58
Chief
Fire Deputy
0812 278 15,281.92 16,046.01 16,848.32 17,690.73 18,575.27 19,504.03 20,479.23
Chief
FMA MOU January 1, 2024 through December 31, 2026 Page 30
FIRE MANAGEMENT ASSOCIATION
EXHIBIT A - SALARY SCHEDULE
FMA PAY SCHEDULE
EFFECTIVE 01-01-2026
40 Hour Rate(Hourly)
Job Job Description Range A B C D E F G
No
0031 Fire Battalion 262 75.19 78.95 82.90 87.04 91.39 95.96 100.76
Chief
0032 Marine Safety 262 75.19 78.95 82.90 87.04 91.39 95.96 100.76
Division Chief
0026 Fire Division 272 83.06 87.21 91.57 96.15 100.95 106.00 1 1 1.30
Chief
0812 Fire Deputy 282 91.74 96.33 101.15 106.21 1 1 1.52 117.09 122.95
Chief
56 Hour Rate (Hourly)
Job Job Description Range A B C D E F G
No
0031 Fire Battalion 262 53.71 56.39 59.21 62.17 65.28 68.54 71.97
Chief
0032 Marine Safety 262 53.71 56.39 59.21 62.17 65.28 68.54 71.97
Division Chief
0026 Fire Division 272 59.33 62.29 65.41 68.68 72.11 75.72 79.50
Chief
0812 Fire Deputy 282 65.53 68.81 72.25 75.86 79.65 83.64 87.82
Chief
Monthly Rate
Job Job Description Range A B C D E F G
No
Fire Battalion
0031 262 13,032.75 13,684.38 14,368.60 15,087.03 15,841.38 16,633.45 17,465.12
Chief
Marine Safety
0032 262 13,032.75 13,684.38 14,368.60 15,087.03 15,841.38 16,633.45 17,465.12
Division Chief
Fire Division
0026 272 14,396.26 15,116.07 15,871.88 16,665.47 17,498.74 18,373.68 19,292.36
Chief
Fire Deputy
0812 282 15,902.43 16,697.55 17,532.42 18,409.05 19,329.50 20,295.97 21,310.77
Chief
Dnno 11
FIRE MANAGEMENT ASSOCIATION
EXHIBIT B — SERVICE CREDIT SUBSIDY
An employee who has retired from the City and meets the plan participation
requirements shall receive a monthly Service Credit Subsidy to reimburse the retiree
for the payment of qualified medical expenses incurred for the purchase of
medical insurance.
Plan Participation Requirements
1 . At the time of retirement the employee has a minimum of ten (10) years
of continuous regular (permanent) City service or is granted an industrial
disability retirement; and
2. At the time of retirement, the employee is employed by the City; and
3. Following official separation from the City, the employee is granted a
retirement allowance by the California Public Employees' Retirement
System (CaIPERS).
The City's obligation to pay the Service Credit Subsidy as indicated shall
be modified downward or cease during the lifetime of the retiree upon
the occurrence of any one of the following:
a. On the first of the month in which a retiree or dependent reaches
age sixty-five (65) or on the date the retiree or dependent can first
apply and become eligible, automatically or voluntarily, for medical
coverage under Medicare (whether or not such application is made)
the City's obligation to pay Service Credit Subsidy may be adjusted
downward or eliminated.
b. In the event of the death of an eligible employee, whether retired or
not, the amount of the Service Credit Subsidy benefit which the
deceased employee was eligible for at the time of their death, shall
be paid to the surviving spouse or dependent for a period not to
exceed twelve (12) months from the date of death.
4. Minimum Eligibility for Benefits
With the exception of an industrial disability retirement, eligibility for
Service Credit Subsidy begins after an employee has completed ten
(10) years of continuous regular (permanent) service with the City of
Huntington Beach. Said service must be continuous unless prior service
FMA MOU January 1, 2024 through December 31, 2026 Page 32
FIRE MANAGEMENT ASSOCIATION
EXHIBIT B - SERVICE CREDIT SUBSIDY
is reinstated at the time of their rehire in accordance with the City's
Personnel Rules.
To receive the Service Credit Subsidy retirees are required to purchase
medical insurance from City sponsored plans. The City shall have the
right to require any retiree (annuitant) to annually certify that the retiree
is purchasing medical insurance benefits.
5. Disability Retirees
Industrial disability retirees with less than ten (10) years of service shall
receive a maximum monthly payment toward the premium for health
insurance of $120 (one hundred twenty). Payments shall be in
accordance with the stipulations and conditions, which exist for all
retirees.
6. Service Credit Subsidy
Payment shall not exceed dollar amount, which is equal to the qualified
medical expenses incurred for the purchase of City sponsored medical
insurance.
7. Maximum Monthly Service Credit Subsidy Payments
All retirees, including those retired as a result of disability whose number
of years of service exceeds ten (10) continuous years of regular
(permanent) service immediately prior to retirement shall be entitled to
a maximum monthly Service Credit Subsidy by the City for each year of
completed City service as follows:
FMA MOU January 1, 2024 through December 31, 2026 Page 33
FIRE MANAGEMENT ASSOCIATION
EXHIBIT B - SERVICE CREDIT SUBSIDY
Maximum Service Credit Subsidy Retirements After:
Years of Service Service Credit
Subsidy
10 $ 120
11 135
12 150
13 165
14 180
15 195
16 210
17 225
18 240
19 255
20 270
21 285
22 299
23 314
24 329
25 344
The Service Credit Subsidy will be reduced every January 1st by an
amount equal to any required amount to be paid by the City on
behalf of the retiree (annuitant). Article VIII(A)(4)(a) provides an
example of expected reductions per retiree per month.
8. Medicare
a. All persons are eligible for Medicare coverage at age 65. Those
with sufficient credited quarters of Social Security will receive Part A
of Medicare at no cost. Those without sufficient credited quarters
are still eligible for Medicare at age 65, but will have to pay for Part
A of Medicare if the individual elects to take Medicare. In all cases,
the participant pays for Part B of Medicare.
b. When a retiree and their spouse are both 65 or over, and neither is
eligible for paid Part A of Medicare, the Service Credit Subsidy shall
pay for Part A for each of them or the maximum subsidy, whichever
is less.
1711AA 11AP\I I I.......e.... 4 'NY)A 4L.rr...r.h ne-Ane,v,k 44 ')(Y)t Deno lA
FIRE MANAGEMENT ASSOCIATION
EXHIBIT B - SERVICE CREDIT SUBSIDY
c. When a retiree at age 65 is eligible for paid Part A of Medicare and
their spouse is not eligible for paid Part A of Medicare, the spouse
shall not receive the subsidy. When a retiree at age 65 is not eligible
for paid Part A of Medicare and their spouse who is also age 65 is
eligible for paid Part A of Medicare, the subsidy shall be for the
retiree's Part A only.
9. Cancellation
a. For retirees/dependents eligible for paid Part A of Medicare, the
following cancellation provisions apply:
i. Coverage for a retiree under the Service Credit Subsidy Plan
will be eliminated on the first day of the month in which the retiree
reaches age 65.
ii. At age 65 retirees are eligible to make application for
Medicare. Upon being considered "eligible to make application,"
whether or not application has been made for Medicare, the
Service Credit Subsidy Plan will be eliminated.
ChnA immi I I-.,, ,r.. 4 O(V)A 41^,rniinh flcnomhor Q9 or-r) Pmnc Qii
FIRE MANAGEMENT ASSOCIATION
EXHIBIT C -VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
Guidelines
1 . Purpose
The purpose of the voluntary catastrophic leave donation program is to
bridge employees who have been approved leave time to either; return
to work, long-term disability, or medical retirement. Employees who
accrue Vacation, General Leave or Exempt Compensatory Time may
donate such leave to another employee when a catastrophic illness or
injury befalls that employee or because the employee is needed to care
for a seriously ill family member. The Leave Donation Program is Citywide
across all departments and is intended to provide an additional benefit.
Nothing in this program is intended to change current policy and practice
for use and/or accrual of Vacation, General, or Sick Leave.
2. Definitions
Catastrophic Illness or Injury - A serious debilitating illness or injury, which
incapacitates the employee or an employee's family member.
Family Member - For the purposes of this policy, the definition of family
member is that defined in the Family Medical Leave Act (child, parent,
spouse or domestic partner).
3. Eligible Leave
Accrued Exempt Compensatory Time, Vacation or General Leave hours
may be donated. The minimum donation an employee may make is two
(2) hours and the maximum is forty (40) hours.
4. Eligibility
Permanent employees who accrue Vacation or General Leave may
donate such hours to eligible recipients. Exempt Compensatory Time
accrued may also be donated. An eligible recipient is an employee who:
• Accrues Vacation or General Leave;
• Is not receiving disability benefits or Workers' Compensation payments;
and
• Requests donated leave.
5. Transfer of Leave
The maximum donation credited to a recipient's leave account shall be
the amount necessary to ensure continuation of the employee's salary
FMA MOU January 1, 2024 through December 31, 2026 Page 36
FIRE MANAGEMENT ASSOCIATION
EXHIBIT C -VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
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 Donation Request
Form and submit it to the Department Director for approval. The
Department Director will forward the form to Human Resources for
processing. Human Resources, working with the department, will send out
the request for leave donations.
Employees wanting to make donations will submit an Authorization for
Donation to Payroll in the Finance Department.
All donation forms submitted to payroll will be date stamped and used in
order received for each bi-weekly pay period. Multiple donations will be
rotated in order to insure even use of time from donors. Any donation
form submitted that is not needed will be returned to the donor.
Other
Please contact the Human Resources Division on questions regarding staff
participation in this program.
FMA MOU January 1, 2024 through December 31, 2026 Page 37
FIRE MANAGEMENT ASSOCIATION
EXHIBIT C —VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
Voluntary Catastrophic Leave Donation Program Leave
Request Form
Requestor, Please Complete
According to the provisions of the Voluntary Catastrophic Leave Donation Program, I hereby
request donated Vacation, General Leave or Exempt Compensatory Time.
MY SIGNATURE CERTIFIES THAT: • A Leave of absence in relation to a catastrophic illness or
injury has been approved by my department; and
• I am not receiving disability benefits or Workers' Compensation payments.
Name: (Please Print or Type: Last, First, MI)
Work Phone: Department:
Job Title: Employee ID#:
Requester Signature: Date:
Department Director Signature of Support: Date:
Human Resources Division-Use Only
End donation date:
End donation date will bridge to:
E Long Term Disability
(l Medical Retirement beginning
Length of FMLA leave ending
Return to work
Administrative Services Director Signature: Date signed:
Please return this form to the Human Resources Office for processing.
G11AA FII(lI I Inn'inn/ 1 wv).4 fhrniinh flcramhar 11 9f19A Pane RR
FIRE MANAGEMENT ASSOCIATION
EXHIBIT C -VOLUNTARY CATASTROPHIC LEAVE DONATION PROGRAM
Voluntary Catastrophic Leave Donation Program Leave
Donation Form
Donor, please complete
Donor Name: (Please Print or Type: Last, First, MI)
Work Phone:
Donor Job Title:
Type of Accrued Leave: Number of Hours I wish to Donate:
Vacation Hours of Vacation
Compensatory Time Hours of Exempt Compensatory Time
General Leave Hours of General Leave
I understand that this voluntary donation of leave credits, once processed, is
irrevocable; but if not needed, the donation will be returned to me. I also
understand that this donation will remain confidential.
I wish to donate my accrued Vacation, Exempt Compensatory Time or General Leave hours
to the Leave Donation Program for:
Eligible recipient employee's name (Last, First, MI):
Donor Signature: Date:
Please submit to Payroll in the Finance Department.
PMA Mr)I I Ian!Ian, 1 7(19d thrniinh r)ar.PmhPr 31 7076 Pane 39
FIRE MANAGEMENT ASSOCIATION
EXHIBIT D -ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
LABOR MANAGEMENT WORKERS' COMPENSATION ALTERNATIVE DISPUTE RESOLUTION
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE FIRE MANAGEMENT
ASSOCIATION
This Labor Management Alternate Dispute Resolution Agreement ("Agreement") entered
into by and between the City of Huntington Beach ("City") and the Fire Management
Association ("FMA") is created pursuant to California Labor Code Section 3201 .7(a)(3)(c).
Nothing in this Agreement diminishes the entitlement of an employee to compensation
payments for total or partial disability, temporary disability, or medical treatment fully
paid by the employer as otherwise provided in Division 4 of the Labor Code. Nothing in
this Agreement denies to any employee the right to representation by counsel at all
stages during the alternative dispute resolution process.
Article I. Purpose
The purposes of this Agreement are:
1 . To provide active employees claiming compensable injuries under Division 4 of
the California Labor Code ("Workers' Compensation Law") with an expedited
procedure to resolve medical disputes in accordance with Article IV, Section D
of this Agreement to facilitate their prompt return to work at either full duties or
a transitional duty assignment;
2. To provide retirees claiming a presumptive injury as defined by California Labor
Code (hereinafter "Labor Code") section 3212 et seq. with an expedited
procedure to resolve medical disputes in accordance with Article IV, Section D
of the Agreement;
3. To reduce the number and severity of disputes between the City and covered
employees, when those disputes relate to workers' compensation; and
4. To provide workers' compensation coverage in a way that improves labor
management relations, improves organizational effectiveness, and reduces
costs to the City.
These purposes will be achieved by utilizing an exclusive list of medical providers to be
the sole and exclusive source of medical evaluations for disputed issues surrounding
covered employees in accordance with California Labor Code Section 3201 .7(c).
Now, therefore, in consideration of the mutual terms, covenants and conditions herein,
the parties agree as follows:
CRAA RANI I I.-..,....., 1 ')!Y)A krt...nh rlcncmhor Z1 ')(1')R pnnc dfl
FIRE MANAGEMENT ASSOCIATION
EXHIBIT D —ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
Article II. Term of Agreement
The City and FMA enter into this Agreement with the understanding that the law
authorizing this Agreement is new, untested and evolving. The parties further understand
that this Agreement governs a pilot program and that it will become effective after it is
executed by the parties, submitted to the Administrative Director of the State of
California, Department of Industrial Relations, Division of Workers' Compensation in
accordance with Title 8, California Code of Regulations, Section 10202(d), and accepted
by the Administrative Director as evidenced by the Director's letter to the parties
indicating approval of the Agreement. This Agreement shall be in effect for eighteen
(18) months from the date of the implementation of the program. Thereafter, it shall be
reviewed and, if found to be effective will continue and remain in force from year to year
unless terminated by either party. Any claim arising from an industrial injury sustained
before the termination of this Agreement shall continue to be covered by the terms of
this Agreement, until all medical issues related to the pending claim are resolved. Any
medical issue resolved under this Agreement shall be final and binding.
The parties reserve the right to terminate this Agreement at any time for good cause, by
mutual agreement or by act of the legislature. The terminating party must give thirty (30)
days written notice to the other party. The parties agree to meet and confer in good
faith to try and resolve the issues underlying the termination during the thirty day period
prior to the termination of the Agreement. Upon termination of this Agreement, the
parties shall become fully subject to the provisions of the California law to the same extent
as they were prior to the implementation of this Agreement, except as otherwise
specified herein.
Article III. Scope of Agreement
A. This Agreement applies only to injuries, as defined by Workers' Compensation
Law, claims by 1 ) active employees; 2) retirees who claim a presumptive injury as
defined by California Labor Code Section 3212 et seq.; and 3) active employees
who file a claim and subsequently retire before the claim is resolved. Retirees
who filed claims while they were active employees are covered under this
Agreement only for the purposes of petitions to reopen a pre-existing claim unless
covered under A(2). This Agreement does not apply to any other retired
employees. This Agreement does not cover post-retirement amendments to
active claims.
B. Employees who are covered under this Agreement remain covered during the
entire period of active employment.
C. Injuries occurring and claims filed after termination of this Agreement are not
covered by this Agreement.
CNAA �A(111 1,n,,nn, -I orlon +hrniinh flcrcmhcr Q1 0 10R Pang Al
FIRE MANAGEMENT ASSOCIATION
EXHIBIT D —ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
D. This Agreement is restricted to establishing an exclusive list of medical providers
to be used for medical dispute resolution for the above-covered employees in
accordance with California Labor Code Section 3201 .7(c).
Article IV. Medical Provider
A. This Agreement does not constitute a Medical Provider Network ("MPN").
Physicians who act as a covered employee's independent medical examiner
("IME") under this Agreement shall not act as the same employee's treating
physician even if the physician has been pre-designated as the employee's
treating physician, unless otherwise mutually agreed by the parties. Pre-
designation of a physician must comply with the requirements set forth in Labor
Code section 4600(d)(1).
B. All employees with a disputed medical issue as described below in Section D must
be evaluated by an approved physician from the exclusive list of approved
medical providers. Said physician will serve as an IME. If the IME needs the
opinion of a different specialist, the IME shall refer the employee to a physician of
the IME's choice even if that doctor is not on the approved list. The exclusive list
of approved medical providers will be established when the Agreement has
been approved by all parties.
C. The exclusive lists of approved medical providers shall include the specialties as
agreed upon by the parties.
D. An IME shall be used for all medical disputes that arise in connection with a
workers' compensation claim including but not limited to determination of
causation, the nature and extent of an injury, the nature and extent of
permanent disability and apportionment, work restrictions, ability to return to
work, including transitional duty, future medical care, and resolution of all
disputes arising from utilization review, including need for spinal surgery pursuant
to Labor Code section 4062(b). The parties will use the originally chosen IME for
all subsequent disputes under this Agreement. In the event that said IME is no
longer available, then the parties shall utilize the next specialist on the list pursuant
to Article IV G d (below). The IME process will begin when either party gives the
other written notice of an objection. Objections from the City will be sent to the
employee with a copy to the employee's legal representative if represented and
a copy to FMA. Objections from the employee or employee's legal
representative will be sent to the employee's assigned Claims Examiner with a
copy to the Claims Manager. Objections will be sent within thirty days of receipt
of a medical report or a utilization review decision. A letter delaying decision of
the claim automatically creates a dispute. A subsequent acceptance of the
claim and/or resolution of the dispute issue eliminates the need for completion of
the dispute resolution process set forth in this Agreement.
I=MA 11Al11 I Inn'ions 1 9(194 thrniinh Ilaramhar 7(17F Pana 42
FIRE MANAGEMENT ASSOCIATION
EXHIBIT D -ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
E. The exclusive list of approved medical providers shall serve as the exclusive
source of medical-legal evaluations as well as all other disputed medical issues
arising from a claimed injury.
F. The parties hereby agree that from time to time the exclusive list of approved
medical providers may be amended. For either party to add an IME to the
exclusive list of medical providers, the party must provide notice, in writing, to the
other party of its intent to add a physician to the list. Absent a written objection
to the other party within thirty (30) calendar days of receipt of the written
proposal, the addition will be made. In the event there is an objection, the
physician will not be added to the list. A physician may only be deleted from the
exclusive list of medical providers if they breach the terms and conditions of the
contract with the City or by mutual agreement of the parties. G. Appointments.
a. The Claims section of the Workers' Compensation Division shall make
appointment(s) with the IME within ten days of the date of the objection
and/or notification of delay for employees covered under this Agreement.
b. The employee shall be responsible for providing the Claims staff with their
work schedule prior to an appointment being made so that appointments
can be made during an employee's nonworking hours or the first or last hour
of their workday. The amount of time allotted for hours spent at a physician's
appointment during working hours will be subject to verification and will be
allowed accordingly.
c. Mileage reimbursement to covered employees shall be consistent with City
policy and in accordance with Labor Code Section 4600 (e)(2) unless
transportation is provided by the City.
d. For purposes of appointments, the Claims staff will select the IME's by starting
with the first name from the exclusive list of approved medical providers
within the pertinent specialty, and continuing down the list, in order, until the
list is exhausted, at which time the Claims staff will resume using the first name
on the list.
e. The City is not liable for the cost of any medical examination used to resolve
the parties' disputes governed by this Agreement where said examination is
furnished by a medical provider that is not authorized by this Agreement.
Medical evaluations cannot be obtained outside of this Agreement for
disputes covered by this Agreement.
f. Both parties shall be bound by the opinions and recommendation of the IME
selected in accordance with the terms of this Agreement.
H. Industrial Disability Retirements
a. The City and FMA recognize that the ADR process can also be utilized to
obtain a competent medical opinion as it relates to determining an
employee's eligibility for an Industrial Disability Retirement (IDR), pursuant to
California Government Code Sections 21 154 and 21156(a)(2).
b. Pursuant to the guidelines outlined in Article IV of this Agreement, the City
and the FMA shall meet and confer to identify an agreed-upon listing of IMEs
AA nnni I i a ., 4 ')O')A f)e.nomhnr' 1 ')O')F Donn A'
FIRE MANAGEMENT ASSOCIATION
EXHIBIT D -ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
to serve as the competent medical examiner in reviewing the employee's
eligibility for an IDR.
I. Use of IME When Medical Disputes Exist
a. An IME shall be used for all medical disputes that arise in connection with a
workers' compensation claim, including but not limited to determination of
causation, the nature and extent of an injury, the nature and extent of
permanent disability and apportionment, work restrictions, ability to return to
work, including transitional duty, future medical care, and resolution of all
disputes arising from utilization review, including need for spinal surgery
pursuant to Labor Code Section 4062(b).
b. Furthermore, City and FMA agree that IME reports will be admissible in any
proceeding and / or hearing involving an injured employee.
Article V. Discovery
A. Employees covered by this Agreement shall provide the Claims staff with fully
executed medical, employment and financial releases and any other
documents reasonably necessary for the City to resolve the employee's claim,
when requested.
B. The parties agree they have met and conferred on the language of the
medical/financial/employment releases to be used under this Agreement. If said
releases cause undue delay and/or unforeseen adverse impact(s) to the City
and/or the FMA and/or its members, then either party may request a meet and
confer regarding said under delay and/or adverse impact(s). The parties shall
meet and confer within 30 days of a party's request to meet and confer. C.
Employees shall cooperate in providing a statement.
D. This Agreement does not preclude a formal deposition of the applicant or the
physician when necessary. Attorney's fees for employee depositions shall be
covered by Labor Code section 5710. There will be no attorney's fees for doctor's
depositions.
Article VI. General Provisions
A. The Agreement constitutes the entire understanding of the parties and
supersedes all other Agreements, oral or written, with respect to the subject
matter in this Agreement.
B. This Agreement shall be governed and construed pursuant to the laws of the
State of California.
C. This Agreement, including all attachments and exhibits, shall not be amended,
nor any provisions waived, except in writing, signed by the parties which
expressly refers to this Agreement.
D. If any portion of this Agreement is found to be unenforceable or illegal the
remaining portions shall remain in full force and effect.
I f flt M(11 I Inn!ion, 1 9(194 thrni inh fl=r=mh=r 11 7f19R Pan=dd
FIRE MANAGEMENT ASSOCIATION
EXHIBIT D -ALTERNATIVE DISPUTE RESOLUTION AGREEMENT
E. Notice required under this Agreement shall be provided to the parties as follows:
F. In the event that there is any legal proceeding between the parties to enforce
or interpret this Agreement or to protect or establish any rights or remedies
hereunder, the prevailing party shall be entitled to its costs and expenses,
including reasonable attorney's fees.
FMA Mnl I .laniiary 1 7(174 thrniinh flg,rg,mhg,r 11 9n9s Pang,dF
Res. No. 2024-01
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 January 16, 2024 by the following vote:
AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick
NOES: None
ABSENT: None
RECUSE: None
6(217,44 9.6kliud41,44)
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California