HomeMy WebLinkAbout11 - MOU between the City of Newport Beach and the Newport Beach Firefighters AssociationQ SEW Pp�T
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c�<,FORN'P City Council Staff Report
February 13, 2018
Agenda Item No. 11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dave Kiff, City Manager — 949-644-3001
dkiff@newporbeachca.gov
Barbara Salvini, Human Resources Director — 949-644-3259
bsalvini@newportbeachca.gov
PREPARED BY: Barbara Salvini, Human Resources Director
PHONE: 949-644-3259
TITLE: Tentative Agreement Amending the Memorandum of Understanding
between the City of Newport Beach and the Newport Beach
Firefighters Association
The City and the Newport Beach Firefighters Association (NBFA) are currently parties to
a Memorandum of Understanding ("MOU") for the period January 1, 2015 through
December 31, 2018. This MOU addresses wages, benefits and other terms and
conditions of employment, which are subject to collective bargaining as required under
the Meyers-Milias-Brown Act, California Government Code sections 3500-3510. Since
entering into the agreement, two California court decisions have impacted certain existing
contract provisions. City and NBFA representatives have met and conferred in good faith
and agreed upon revisions to the MOU, which are set forth in the proposed Amended
Memorandum of Understanding.
In furtherance of the City Council's goal to provide greater transparency in the
negotiations process, the Tentative Agreement and cost information are being presented
to afford the public the opportunity to review and comment. The final MOU will be
presented for City Council consideration at the February 27, 2018 regular meeting.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly;
and
b) Receive and consider the Tentative Agreement between the City of Newport Beach
and the Newport Beach Firefighters Association.
Tentative Agreement Amending the Memorandum of Understanding between the
City of Newport Beach and the Newport Beach Firefighters Association
February 13, 2018
Page 2
FUNDING REQUIREMENTS:
There is no supplemental budget request for this item. The amended MOU will result in
reduced contract overtime costs to the Department and City.
DISCUSSION:
After the parties entered into the current MOU, two California court cases were decided
which affect the terms and conditions of the agreement. In the case DiCarlo v. County of
Monterey, the court held that MOU language which makes eligibility for certain pays
contingent on other factors disqualifies those pays from being reported to CalPERS as
special compensation. In the current MOU, the receipt of scholastic pay is contingent on
satisfying a service time requirement. Based on the DiCarlo decision, there is concern
that if the MOU language is not corrected, CaIPERS will make a finding that the scholastic
pay does not qualify as special compensation. In another case, Flores v. City of San
Gabriel, the Ninth Circuit held that an employer must include certain cafeteria plan
payments made in lieu of benefits when calculating an employee's overtime pay under
the Fair Labor Standards Act (FLSA). Based on the Flores decision, and in accordance
with the current MOU language, the City began including these payments in all overtime
calculations.
Because the Fire Association's MOU as it is currently phrased contains language that ties
the receipt of scholastic pay to varying amounts of service time (longevity), the Fire
Association wishes to eliminate the service time requirement of the pay so that receipt of
the scholastic pay is based solely on satisfying educational requirements. This will insure
that the pay is properly reported to CalPERS. In return for the City's agreement to clarify
the MOU's scholastic pay language, the Fire Association agreed to address the City's
concerns regarding Flores. Specifically, the NBFA has agreed that calculations of any
non-FLSA overtime will not include any cafeteria plan payments made in lieu of benefits.
The estimated one-time cost of addressing the educational pay in the Amended MOU is
$24,000. It is estimated the modifications to the non-FLSA overtime will reduce the
department's annual overtime costs anywhere between $150,000 to $200,000.
A proposed draft version of the amended MOU between the City and NBFA is included
in Attachment A (MOU revisions noted in this staff report are called out in the attached
redlined version of the MOU). Following City Council review of the Tentative Agreement
with NBFA, a final version of the successor MOU will be presented to the City Council at
its February 27, 2018 regular meeting.
During the review period, the proposed revisions to the MOU will be posted on the City's
website.
11-2
Tentative Agreement Amending the Memorandum of Understanding between the
City of Newport Beach and the Newport Beach Firefighters Association
February 13, 2018
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Draft Amended MOU (Redline Version)
Attachment B — Draft Amended MOU (Clean Version)
11-3
Attachment A
FALTA 12ILlU7A11
MEMORANDUM OF UNDERSTANDING
A11►A44,1119:1=[0111WK61ZLIIATiT1261:ii 3=/_T91:I_1LlIBj9:1:4
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
Term: January 1, 2015 through December 31, 2018
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered
into with reference to the following:
The Newport Beach Firefighters Association, International Association of Firefighters,
Local 3734 ("NBFA"), a recognized employee organization, and the City of Newport
Beach ("City"), a municipal corporation and charter city, have been meeting and
conferring, in good faith, with respect to wages, hours, fringe benefits and other terms
and conditions of employment of employees in the unit of representation NBFA is
recognized to represent (unit members).
2. NBFA representatives and City representatives have reached a tentative agreement
as to wages, hours and other terms and conditions of employment for the period from
January 1, 2015 through December 31, 2018 and this tentative agreement has been
embodied in this MOU.
3. The City acknowledges and appreciates the cooperation of NBFA during the meet
and confer process leading to the adoption of the 2015-2018 MOU.
4. This MOU, upon approval by NBFA and the Newport Beach City Council, represents
the total and complete understanding and agreement between the parties regarding
all matters within the scope of representation.
SECTION 1. — GENERAL PROVISIONS
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach,
the Meyers-Milias-Brown Act of the State of California and the provisions of
the Employer's/Employee Labor Relations Resolution No. 2001-50, the City
acknowledges that NBFA is the majority representative for the purpose of
meeting and conferring regarding wages, hours and other terms and
conditions of employment for all employees in those classifications specified
in Exhibit "A" or as appropriately modified in accordance with the
Employer/Employee Resolution. All other classifications and positions not
specifically included within Exhibit "A" are excluded from representation by
NBFA.
NBFA MOU 2015-2018
11-4
B. Duration of Memorandum
1. Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
considered effective as of January 1, 2015. This MOU shall remain in
full force and effect until December 31, 2018, and the provisions of this
MOU shall continue after the date of expiration of this MOU in the event
the parties are meeting and conferring on a successor MOU.
The parties agree that, if NBFA submits preliminary requests for
changes in wages, fringe benefits and other terms and conditions of
employment earlier than 90 days prior to expiration of the MOU, the
parties will begin negotiations promptly, with the objective of reaching
an agreement by December 31, 2018.
2. The terms and conditions of this MOU shall prevail over any conflicting
provisions of the Newport Beach City Charter, the ordinances,
resolutions and policies of the City of Newport Beach, and federal and
state statutes, rules and regulations which either specifically provide
that agreements such as this prevail, confer rights which may be waived
by any collective bargaining agreement, or are, pursuant to decisional
or statutory law, superseded by the provisions of an agreement such
as, or similar to, this MOU.
C. Release Time
1. Unit members shall be allowed to participate in the following activities
and receive full pay ("Release Time"):
a. Attendance at off-site meetings, conferences, seminars or
workshops related to matters within the scope of representation;
b. To prepare for scheduled meetings between the City and NBFA
during the meet and confer process.
C. i. To travel to, and attend scheduled meetings between the
City and NBFA during the meet and confer process.
ii. To travel to and attend scheduled grievance and
disciplinary hearings.
iii. To meet, for up to one hour, with a unit member(s) they
are representing prior to a hearing described in
subsection C.c.ii above.
2. City grants NBFA 400 hours of Release Time per calendar year to
engage in the activities described in subsection 1(a and b). Unused
2 NBFA MOU 2015-2018
11-5
hours from any calendar year may be carried over to the next year not
to exceed a total City provided release time accrual of three hundred
(300) hours.
3. City grants Unit members the right to engage in the activities described
in subsection 1(c ) at any time without reduction to the Release Time
granted in subsection 2.
4. NBFA shall designate certain members as those members entitled to
release time. Designates must give reasonable advance notice to, and
obtain permission from, their supervisor prior to use of release time, or,
prior to adjusting work hours. Requests for release time shall be
granted by the supervisor unless there are specific circumstances that
require the designate to remain on duty. Designates shall, to the
maximum extent feasible, receive shift assignments compatible with
participation in the meet and confer process.
a. The NBFA President shall be entitled to a maximum of 200 hours
per calendar year for appropriate association related business,
excluding time required for the meet and confer process. The
NBFA President shall, at his/her discretion, allocate Release
Time to NBFA Board members or other designates, to a
maximum of 150 hours per year per individual. In the event the
200 hours for the President or 150 hours for other NBFA
designates are insufficient, the President may submit a request
to the Assistant City Manager or designee, with justification, that
additional hours be granted. In no event shall the Association be
granted more than a total of 400 hours per year for all
designates.
5. In addition to City—provided Release Time and Release Time provided
pursuant to subparagraph (3), Unit members may contribute earned
paid time off to an NBFA Release Time Bank. Members may contribute
earned time only during the period from July 1 through August 15th
during any calendar year. However, members shall not have the right
to contribute time to the NBFA Release Time bank if NBFA has
accumulated more than 600 hours of total Release Time. Any NBFA
member who contributes time to the Release Time Bank gives up any
right to usage of, or payment for, the contributed time. Contributions
may be made only in six -minute increments. Contributions shall be on
forms prepared by the City which shall then be submitted to the
appropriate department employee. City shall advise NBFA as to the
balance of hours in the Release Time Bank upon request. For purposes
of this subparagraph only, the term "time off' shall be defined as
accrued flex leave.
3 NBFA MOU 2015-2018
11-6
6. There is no entitlement to release time for any matter not set forth
above.
D. Scope
All present written rules and currently established practices and
employee rights, privileges and benefits that are within the scope of
representation shall remain in full force and effect during the term of this
MOU unless specifically amended by the provisions of this MOU, or in
the case of the Department SOP's falling within the scope of
representation, the City has given notice to the Association and, upon
request, met and conferred on any proposed changes which fall within
the scope of representation.
When the Department proposes to change any SOP departmental rule
or regulation, it will provide a copy of such change to the Association no
less than seven (7) days prior to implementation of the proposed
change. If such proposed change materially impacts any matter within
the scope of representation, then the parties agree to meet and confer
over such impact.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non—exclusive managerial rights, powers, functions and
authorities ("Management Rights") as set forth in Resolution No. 2001-
50.
E. Bulletin Boards
Space shall be provided on bulletin boards within the Fire Department
at their present location for the posting of notices and bulletins relating
to NBFA business, meetings, or events. All materials posted on bulletin
boards shall indicate the name of the organization responsible. Material
posted shall not contain personal attacks on any City official or
employee, any material which constitutes harassment, discrimination or
retaliation on the basis of race, gender, ethnicity, religion, age, sexual
orientation or other statutorily or constitutionally impermissible basis, as
well as any pornographic or obscene material.
2. Material posted and messages sent through electronic mail (E—Mail)
shall not contain personal attacks on any City official or employee, any
material which constitutes harassment, discrimination or retaliation on
the basis of race, gender, ethnicity, religion, age, sexual orientation, or
other statutorily or constitutionally impermissible basis, as well as any
pornographic or obscene material. E—Mail may be used for Association
business on a limited basis and consistent with Department Policy.
4 NBFA MOU 2015-2018
11-7
F. Dues Check -off
Unit members shall have the right to authorize the City to deduct regular
monthly NBFA dues from their bi—weekly paycheck. The City shall deduct
payment of NBFA dues when the employee has authorized such deduction
and City shall remit all payments to NBFA in accordance with the terms of each
member's authorization.
G. Maintenance of Membershi
Any employee in this Unit who has authorized association deductions on the
effective date of this Agreement, or at any time subsequent to the effective
date of this Agreement, shall continue to have such dues deductions made by
the City during the term of this Agreement, provided that any employee in the
Unit may terminate such Association dues by submitting a signed request to
cancel payroll deduction to the Human Resources Director. This signed
request shall be followed up with a second request at a time between 30 and
45 days of the original letter. The Association shall indemnify the City and hold
it harmless against any and all suits, claims, demands and liabilities that may
arise out of or by reason of the application or implementation of the provisions
of this section.
H. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed
upon by the parties. Therefore, for the life of this MOU, neither party shall be
compelled to meet and confer concerning any issue within the scope of
representation except as expressly provided herein or by mutual agreement of
the parties. No representative of either party has the authority to make, and
none of the parties shall be bound by, any statement, representation or
agreement reached prior to the execution of this MOU and not set forth herein.
NAnrlifiratinnc
Any agreement, alteration, understanding, variation, or waiver or modification
of any of the terms or provisions of this MOU shall not be binding upon the
parties unless contained in a written document executed by authorized
representatives of the parties.
J. Savings
Should any part of this MOU be rendered or declared illegal or invalid by
legislation, decree of court of competent jurisdiction or other established
governmental administrative tribunal, such invalidation shall not affect the
remaining portions of this MOU provided, however, should the provisions of
this MOU relating to salary increases, fringe benefits, or the compensation
policy be declared invalid the City shall provide alternative forms of
5 NBFA MOU 2015-2018
11-8
compensation such that Unit members suffer no financial detriment by virtue
of the decision or ruling with the manner and form of the compensation to be
determined by the parties after meeting and conferring in good faith.
K. Impasse
In the event of an impasse (the failure to agree on a new MOU after the
express term of the existing MOU has expired), the parties may agree on
mediation pursuant to the procedure outlined in Section 16 of Resolution No.
2001-50 or a successor resolution. Upon request by the Association the
parties will engage in non-binding fact finding pursuant to State law.
L. Definitions
For the purposes of this MOU these terms shall have the following meanings:
1. The term "member" or "unit member" shall mean all persons within
classifications represented by NBFA.
2. The term "staff employee" shall mean any unit member who is assigned
to work an average 40 -hour workweek.
3. The term "line employee" shall mean any unit member assigned to
work an average 56 -hour workweek in 24-hour shift increments.
4. The term "Municipal Fire Departments in Orange County" or "Municipal
Fire Departments" shall mean all City operated Fire Departments and
the Orange County Fire Authority.
SECTION 2. —COMPENSATION
A. Salary Adjustments — this MOU Period
Base salary increases for all NBFA represented classifications shall be as
follows and as specified in Exhibit A:
1. Effective the payroll period that includes July 1, 2015, there shall be a base
salary increase of 2.75% for all represented classifications.
2. Effective the payroll period that includes January 1, 2016, there shall be a
base salary increase of 2.75% for all represented classifications.
3. Effective the payroll period that includes January 1, 2017, there shall be a
base salary increase of 2.75% for all represented classifications.
4. Effective the payroll period that includes January 1, 2018, there shall be a
base salary increase of 2.75% for all represented classifications
6 NBFA MOU 2015-2018
11-9
C
C
Salary Differential
1. The adjustments to salary and total compensation described in this Section
shall maintain the salary differentials between the classification of
Firefighter (benchmark classification) and the other classifications
represented by NBFA, as set forth below, so there is an appropriate internal
relationship among the primary classifications represented by NBFA.
Subject to the foregoing, the salaries specified below or total
compensation, as appropriate, shall be subject to the following minimum
salary differentials between classifications:
Percent of
Firefighter
Firefighter Series Top Step
Firefighter
N/A
Engineer
112.50%
Paramedic
122.25%
Line Captain
132.00%
Staff Captains shall receive an additional 7.5% of base pay over Line
Captains.
2. The Paramedic classification shall be maintained for current unit members
as of January 1, 2016. The salary range for Paramedic will remain set at
22.25% above Firefighter (top step to top step).
Effective upon adoption of this 2015-18 MOU, the City shall establish
Paramedic Premium pay in lieu of the Paramedic classification for
employees in the classification of Firefighter hired after January 1, 2016
who are serving as Paramedics. The Paramedic Premium shall be set at
17.25% above the employee's base salary as a Firefighter and will be
reported to PERS as compensation earnable.
Firefighter- Special Step Increase
Firefighters who successfully complete the Department Engineer Certification
program within twelve (12) months of passing probation will be granted a
salary step increase. .
Probationary Firefiqhter Training Step
Effective January 1, 2016, the City shall establish an entry level Firefighter
Training Step (Step "1 T') that is set 5% below current Firefighter Step 1.
Probationary Firefighters will be placed at the Training Step upon initial
appointment. Upon completion of the NB Fire Recruit Academy, employees
will be eligible to advance to Firefighter Step 1. Probationary employees will
7
NBFA MOU 2015-2018
11-10
be eligible for advancement to Step 2 following 12 months from date of initial
appointment and upon documented successful performance.
Notwithstanding advancement to Step 2, the probationary period for a new
Firefighter will be 18 months.
E. Overtime — Hours Worked
FLSA Overtime shall consist of authorized hours actually worked in excess
of 91 hours in a 12 day work period as previously established by the City
and as permitted by the United States Department of Labor regulations
pursuant to the FLSA 7(k) exemption. Use of Flex Leave, Vacation Leave,
Holiday Leave, and Sick Leave shall not be considered as hours worked
for the purposes of determining eligibility for FLSA Overtime.
Contract Overtime shall consist of authorized work in excess of a unit
member's normal number of work hours in any scheduled work shift, and
shall be paid one -and -one-half times the employee's regular rate of pay.
Use of Flex Leave shall be considered as hours worked for the purposes
of determining eligibility for Contract Overtime pay. Leave Without Pay
shall not be considered as hours worked for determining Contract Overtime
eligibility.
Effective January 1, 2017, Contract Overtime shall be calculated based on
the employee's regular rate of pay, less 7%.
Effective upon approval of this Amended Memorandum of Understanding
by the City Council, the rate at which Contract Overtime is calculated shall
not include the City's Cafeteria Plan Allowance, the opt -out Cafeteria Plan
Allowance, or any cash back an employee may receive from the Cafeteria
Plan Allowance by choosing benefits which cost less than the Allowance..
2. Temporary vacancies in line positions shall be selected in accordance with
Department S.O.P.
3. Qualified employees wishing to work voluntary overtime in a class lower
than their current class (downgrade) may volunteer to do so and shall be
compensated at one and one-half times the highest hourly rate for the
position as published in the City's compensation plan. Said employees
shall be selected according to the provisions set forth in the Department's
Standard Operating Procedures related to staffing and overtime. This
provision applies only to persons wishing to downgrade to the position of
Firefighter, Fire Engineer or Paramedic.
4. Personnel assigned to staff assignments may request compensatory time
off in lieu of paid overtime with the approval of the Department.
Compensatory time may be granted, subject to maximum accrual of eighty
NBFA MOU 2015-2018
(80) hours, and subject to Department consideration of the impact of said
CTO use on overtime liability and other efficiency requirements of the
Department.
F. Required Uniform
City shall pay the entire cost of providing NBFA member with each component
of the required NBFD uniform. The required NBFD uniform includes safety
shoes, badges and insignias, uniform pants, uniform shirts, uniform jackets
and liner, belts, work out shirts, work out trunks, sweatshirt, , and baseball cap.
City shall not be responsible for providing employee with socks, underwear, or
workout shoes, or other clothing.
The City will provide each fire suppression member with a set of front-line
turnout gear and an adequate number of reserve turnouts at each station to
allow for proper turnout cleaning/decontamination. Reserve turnouts may be
personally issued to each member at the Fire Chief's discretion. This
equipment will be used to temporarily replace an employee's personal turnout
equipment that cannot be placed in service because they are wet,
contaminated, or aged.
As permissible by law and subject to the provisions and limitations under the
Public Employees Retirement Law, the City shall report as pensionable
compensation the value of provided uniforms at $1,519 annually in accordance
with PERS requirements. The parties agree the reported value of uniforms is
intended to reflect clothing such as pants, shirts, jackets, and related attire and
excludes health and safety related equipment, including safety boots and
turnout gear.
This provision shall not apply to employees who are "new members" as defined
in Government Code Section 7522.04 (0.
G. Scholastic/Certificate Achievement Pa
Unit members are entitled to additional compensation contingent upon
scholastic achievement ("Scholastic/Certificate Achievement Pay"). Unit
members may apply for increases pursuant to this Section when eligible and
scholastic and/or certificate achievement pay shall be included in the
member's paycheck for the pay period immediately after approval by the Fire
Chief. It is the responsibility of the unit member to apply for Scholastic and/or
Certificate Achievement Pay. Approval of the unit member's application shall
not be unreasonably withheld or delayed, and the member shall not be entitled
to receive scholastic and/or certificate achievement pay prior to the date the
application is approved even though the member may have been eligible prior
to approval.
NBFA MOU 2015-2018
11-12
H
For employees hired before May 22, 2012, scholastic and/or Certificate
achievement pay is contingent upon yewsof seFViGe-and -number of units
and/or degrees received by the employee. Unit members hired on and after
May 22, 2012 shall be ineligible for any scholastic pay based upon having
obtained units only. Qualifying units and/or degrees must be awarded by
accredited community colleges, state colleges or universities. A "degree" shall
be awarded by an institution accredited by the State of California, the United
States Department of Education, the Council for Higher Education, or the
Distance Education Training Council. Unit members shall receive scholastic
and/or certificate achievement pay in accordance with the following:
1. Scholastic Pay
College % of Actual Step in
Semester/Unit: Job Class Range:
`'�e 30
1.5%/month
3 e more 60
2.5%/month
3 90
3.5%/month
^Tor mere 90
3.5%/month
4 120
4.5%/month
^�mere A.A./A.S.
3.5%/month
7 n�e B_ /1 9 C
? 0/ 5/month
4 B.A./B.S.
5.5%/month
2. Certificate Pay
Successful completion of coursework for Fire Officer, Company Officer, Fire
Prevention Officer II, or Fire Inspector II shall entitle the member to 3%/month
in Certificate Pay.
Special Assignment Pay
The following additional payments shall be made to certain Unit members
based on assignment:
1. Individuals properly trained and assigned by the Department to perform
special assignments shall be compensated as follows:
Maximum Compensation
Assignment Number* (% of base pay)
Shift Fire Investigator 6 5%
Radio/MDC 1 5%
SCBA 3 2%
Map/Preplan 1 2%
10 NBFA MOU 2015-2018
11-13
Special assignment compensation shall cease when individuals are no
longer performing the assignment.
*Subject to modification by the department.
2. Prior to establishing an Urban Search and Rescue Team, the City will
give notice to and, upon request, meet and confer with the Association
on those aspects of the program which fall within the scope of
representation.
3. Temporary Special Assignment Pay
Temporary Special Assignment pay will be at the rate of the special
assignment. The types and duration of these temporary assignments
will remain a management prerogative.
Committee participation such as Safety Committee, and work on
various projects such as Public Safety Day and the CERT Program are
excluded from consideration under this Agreement.
Temporary Upgrading of Employees
1. Move up Assignment
A move up assignment shall be defined as the temporary assignment
of an employee to work in a job classification which is higher than his
or her current classification. A move up employee need not meet the
minimum requirements for the position to which they are moved up to.
Employees who do meet the minimum requirements for the position
shall be deemed "Acting Appointments" after their 6th consecutive shift.
If the employee is moved -up for five (5) hours or more, the move -up
compensation shall be computed as follows:
Firefighter to Engineer
Firefighter to Paramedic
Firefighter to Captain
Engineer to Paramedic
Engineer to Captain
Paramedic to Captain
Captain to Battalion Chief
Regular rate +5%
Regular rate +22.25%
Regular rate +5%
Regular rate +9.75%
Regular rate +5%
Regular rate +5%
Regular rate +9.5%
All leave time shall be paid at the employee's regular rate of pay. Time
accumulated working in a move up position shall -not be applied towards
the probationary period or count as "time in rank" for the purpose of
seniority.
11 NBFA MOU 2015-2018
11-14
A move up employee who completes the minimum requirements for the
position while working in the move -up classification shall be deemed an
"Acting Appointment" effective the date the minimum qualification is
met.
The following positions shall be considered for move -up assignments:
Fire Battalion Chief
Fire Captain
Fire Paramedic
Fire Engineer
Assignment to the move up position shall be made at the sole discretion
of the Fire Chief and are limited to a maximum time period of 360 days.
2. Acting Appointments
The formal and expressed assignment of an employee to perform the
significant duties and responsibilities of a higher classification for more
than six (6) consecutive shifts shall be deemed an acting appointment.
All acting appointees must satisfy the minimum requirements for the
position to which they are appointed.
Acting employees shall be compensated the beginning of the pay
period following the sixth consecutive shift in the salary range of his/her
acting classification at a rate that is at least five (5%) percent higher
than their current rate. All holiday, vacation, sick leave and paid leave
shall be paid at the employee's new rate of pay.
In the event the acting employee is subsequently appointed to the
higher classification, the time accumulated while acting in the higher
classification shall be applied towards the probationary period and
count as "time in rank" for the purpose of seniority.
If an acting employee is returned to his/her former classification for
more than six (6) months, he/she will not be credited with the time
accumulated in the acting position for the purposes of probation or as
"time in rank" for the purpose of seniority.
Acting appointments shall be made at the sole discretion of the Fire
Chief and are limited to a maximum time period of 180 days.
3. Tiller Assignment
Employees temporarily upgraded to Tiller shall receive a five (5%) pay
differential over their regular rate of pay for all time worked in this job
12 NBFA MOU 2015-2018
11-15
classification if they are assigned to work in this job classification for a
period of four (4) working hours or longer.
J. Paramedic Traini
Following adoption of this 2015-18 MOU, the City will establish a competitive
process for which up to a maximum of four (4) current Firefighters as of
January 1, 2016, will be selected, based on the operational needs of the Fire
Department, to attend Paramedic school during the term of the MOU. Selected
employees will be compensated at their normal rate of pay while attending
school and during any clinical training. Following completion of school and
clinical training, during the on-the-job training period employees shall receive
5% assignment pay. Following all training, employees will return to their normal
rate of pay until such time as they are selected for Paramedic assignment.
This section shall terminate upon the expiration of this MOU.
Assignment to Paramedic School shall not be construed as assignment to
position for the purposes of probation.
K. Y -Rating
Employees who are reclassified to a position with a lower maximum salary
shall be Y -rated. Y -rating shall refer to a pay rate outside of the assigned salary
range of the employee.
If the salary of the employee is greater than the maximum of the new range,
the salary of the employee shall be designated as a Y -rate and shall not
change during continuous regular service until the maximum of the new range
exceeds the salary of the employee.
If the salary of the employee is the same or less than the maximum of the new
class, the salary and merit increase eligibility date of the employee shall not
change.
L. Shift Holdover
Unit members who are held over at the conclusion of any shift shall be
compensated at the rate of one hour for each hour, or portion thereof, the
employee worked beyond the end of the shift. Any member held over after
shift shall be compensated at time and a half for all time worked during the
work period in excess of the maximum permitted under the provisions of
Section 29 USC 2507(k).
M. Emergency Recall
If an employee who is not on stand-by or shift hold -over and is required to
return to work during his/her off-duty hours for actual firefighting, or similar
13 NBFA MOU 2015-2018
11-16
emergency designated by the Fire Chief, the employee shall receive a
minimum of four (4) hours compensation for the first hour worked and
compensation for time worked thereafter.
N. Bilingual Pay
Employees certified as bilingual (Spanish) shall be eligible to receive One
Hundred Fifty ($150.00) Dollars per month in bilingual pay. The certification
process will confirm that employees are fluent at the street conversational level
in speaking, reading and writing Spanish. Employees certified shall receive
bilingual pay the first full pay period following certification.
Additional languages may be certified for compensation pursuant to this
section by the Fire Chief.
O. Court Standby Pay
Unit members who, pursuant to subpoena compelling attendance to testify to
acts, observations, or omissions occurring in the course and scope of
employment or at the direction of their supervisor, are required, while off—duty,
to remain within a certain response time from court, shall be considered to be
on "court standby time" and shall receive four (4) hours of pay for each eight
hours of court standby time. Unit members shall, when required to appear in
court pursuant to a Subpoena or the direction of their supervisor to testify at to
matters relating to their employment with the City, be considered to be on duty
and shall be paid accordingly. Members shall remit all witness fees received
for testifying or appearing on any matter for which the member is eligible to
receive court standby time.
P. Longevity Pay
Years of Service Longevity Pay
16 but less than 20 1.5%
20 but less than 25 2.5%
25 and over 3.5%
SECTION 3. - LEAVES
A. Flex Leave
Unit members shall accrue flex leave as follows. It is mutually
understood that accrual rates have been modified to provide for the
longevity increase set forth below.
14 NBFA MOU 2015-2018
11-17
2
Leave Accrual LORqevmtv I
Years of Srvc Hrs/Pay Period '"tee
Line Employees:
1 but less than 5 9.77 0.00%
5 but less than 9 10.69 0.00%
9 but less than 12 11.62 0.00%
12 but less thaR 16 12.54 0.00/@
1 6 but less thriuR 20 12.54
Irl h. A. I--- +L,-- 7G -1 7 Gn 7 GO/
1225 and over 12.54 a
Staff and Non -Safety Employees:
1 but less than 5 6.97 0.00%
5 but less than 9 7.63 0.00°,
9 but less than 12 88.33 0.00%
12 but less than 16 8.95 0.0-tl�%
16 but less thaR 20 8.95
20 hL '� vu less than 25 8.95 2.5%
122-5 and over 8.95 3.501;
Longevity increases specified above shall be reported to PERS as
special compensation and shall be regarded as compensation earnable
as defined in Government Code §20636(c)(1) for purposes of
computing retirement benefits and contributions.
The Flex leave program shall be administered as follows:
a. Unit members shall not accrue Flex leave until continuously
employed by the Newport Beach Fire Department for a period of
three (3) months, provided however, if a member on the Flex
leave program becomes sick during the first three (3) months of
employment, the City will advance up to six (6) pay periods of
accrued leave time for use by the member to recover from
illness.
In the event the City advances paid leave time and the employee
is terminated or resigns before completing three months of
continuous employment, the member's final check shall be
reduced by an amount equal to the number of Flex leave hours
advanced multiplied by the member's hourly rate of pay.
b. Members employed by the City prior to initiation of the Flex leave
program have had the current accrued vacation time converted
to Flex leave on an hour for hour basis with the current sick leave
placed in a bank to be used as provided in the Employee Policy
Manual. Members entitled to use sick leave pursuant to Section
15 NBFA MOU 2015-2018
11-18
the Employee Policy Manual and who are absent due to illness
shall have their sick leave bank reduced by the duration of the
absence unless the member notifies appropriate department
personnel that the absence should be charged to the member's
flex leave account.
C. Members shall be entitled to accrue Flex leave up to a maximum
of fifty-two (52) times the member's bi-weekly accrual rate.
Earned Flex leave in excess of the maximum permitted is
currently paid bi-weekly at the member's hourly rate of pay.
Effective July 1, 2012, earned leave in excess of the maximum
permitted was deposited in the members "spillover bank".
Effective January 1, 2016 spillover shall be eliminated and unit
members shall not be permitted to accrue Flex leave in excess
of the maximum permitted, unless the employee is unable to use
leave benefits because of an industrial disability, hardship or
extraordinary circumstances.
d. All requests for scheduled Flex leave shall be submitted to
appropriate department personnel. In no event shall a member
take or request Flex leave in excess of the amount accrued.
e. Flex leave may be taken in four (4) hour increments.
f. Members shall be paid for all accrued Flex leave at their then
current hourly rate of pay (hourly rate before incentives, other
pays, etc.) upon termination of the employment relationship
except as provided by Section 3(J).
g. Spillover Bank/Spillover Hours
Effective July 1, 2012, all hours then accrued above the new
accrual cap (52x the bi-weekly accrual rate) were deposited in a
newly -created Spillover Bank and became Spillover Hours. Flex
leave hours that had been used by the employee between July
1, 2012 and December 31, 2012 were drawn from the Spillover
Bank, to the extent the unit member had adequate Spillover
Hours.
Effective January 1, 2013, all remaining Spillover Hours and all
hours turned in for cash conversion were deposited into the
member's MERP account. From January 2, 2013 forward, hours
held in the Spillover Bank were not subject to use by the
employee and were converted, at the member's regular hourly
rate, and deposited into the member's MERP account on an
annual basis.
16 NBFA MOU 2015-2018
11-19
B. Telestaff System
The City has implemented "Telestaff" which phased out the Vacation Selection
System (VSS). The City commits to maintain Telestaff subject to budgetary
constraints outlined in this Section. The City shall, for each fiscal year during
the term of this MOU, adopt a budget which provides for the payment of
overtime specifically for the purpose of implementing Telestaff. The amount
to be budgeted shall be calculated by computing the Vacation/Flex
leave/Holiday time (leave) normally accrued by each member during a fiscal
year (total annual leave) multiplying total annual leave, by that member's
overtime rate of pay (value of leave) and then adding the value of leave for
each NBFA member. Each member's overtime rate of pay shall be calculated
on the basis of the member's highest anticipated rate of pay during the
upcoming fiscal year. The total "value of leave" for all members shall be
identified in the budget as the "LEAVE COVERAGE FUND." Notwithstanding,
any other provision of this MOU, the Fire Chief shall have the sole discretion
to take whatever action may be necessary to reduce overtime payments,
including the temporary reduction of staffing levels or personnel, in the event
payments for overtime out of the LEAVE COVERAGE FUND exceed 25% of
the fund during the first three months of the fiscal year, 50% of the fund during
the first six months of the fiscal year, or 75% of the fund during the first nine
months of the fiscal year.
C. Vacation/Sick Leave
Due to the conversion of employees to the Flex leave program, former
Vacation and Sick leave accrual provisions are hereby removed and shall be
referenced exclusively in prior MOUs.
D. Holiday Time
Line Employees
The provisions of this subsection shall apply only to Unit members who
are line employees during all or a portion of any calendar year and, as
to those members who are line employees for only a portion of the year,
the provisions of this subsection shall be applicable on a pro—rata basis.
Unit members who are line employees shall accrue holiday time at the
rate of 5.54 hours per pay period. Holiday time shall be added to the
member's Flex leave Account on a bi—weekly basis.
Effective October 1, 1996, all Line employees were provided a one-time
opportunity to elect to convert all or any portion of their annual holiday
benefits to cash on an annual basis. This election shall be uniform from
year to year. For example, an employee electing to convert 108 of the
144 annual benefits to cash must so convert 108 hours of earned
holiday benefits each year thereafter. The election to change holiday
17 NBFA MOU 2015-2018
11-20
time to pay shall be in twelve (12) hour increments. Holiday pay will be
paid bi-weekly with the regular check. Holiday leave conversion pay will
not count in the total compensation formula used to adjust salaries and
benefits.
This holiday compensation shall be reported to PERS as special
compensation and shall be regarded as compensation earnable as
defined in Government Code Sec. 20636 (c) (6) for purposes of
computing retirement benefits and contributions.
Note: Newly hired employees shall be given a one-time option, within
60 days of employment, to elect to receive up to one-half of accrued
holiday time as time off in lieu of cash payment.
2. Staff Employees
Staff employees shall receive the following fully paid holidays:
New Years' Day, Martin Luther King Birthday, Presidents Day,
Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day and the day after Thanksgiving, one—half day on
Christmas Eve, Christmas, and one—half day on New Year's Eve. In
addition, Staff employees will be entitled to one floating holiday at the
member's election.
Staff employees shall have the one-time option of accruing holiday time
as pay. Staff employees may be required to take specified City holidays
off at the sole discretion of the Fire Chief. Time will be charged against
the employee's Flex leave bank. Holiday time provided as pay for
employees who are not normally required to work on an approved
holiday because they do not work in positions that require scheduled
staffing without regard to holidays, shall not be reported as special
compensation under California Code of Regulations 571(x)(5).
3. Holiday Time Election
Effective following adoption of the 2015-18 MOU, or as soon thereafter
is practicable, all then current unit members will be provided a one-time
opportunity to change all or a portion of their future annual holiday
benefits to pay or time off. The City will provide a 28 -day window (2 pay
periods) for employees to make the new election. Once selected, the
election shall be uniform from year to year. All other elements of the
election shall be as provided in D(1) and (2) above.
E. Bereavement Leave
Bereavement leave shall be defined as the necessary absence from duty by
an employee having a regular or probationary appointment because of a death
18 NBFA MOU 2015-2018
11-21
or terminal illness in his/her immediate family. Staff and non -safety employees
shall be entitled to forty (40) hours of Bereavement Leave per calendar year
per event while Line Employees shall be entitled to ninety (90) hours of
Bereavement Leave (terminal illness followed by death is considered one
incident). Leave hours need not be used consecutively, but should occur in
proximate time to the occurrence. Bereavement leave shall be administered in
accordance with the provisions of the Employee Policy Manual. For the
purpose of this section immediate family shall mean an employee's father,
mother, stepfather, stepmother, brother, sister, spouse/domestic partner,
child, stepchild and grandparents, and the employee's spouse/domestic
partner's mother, father, brother, sister, child and grandparent. The provisions
of this Section shall not diminish or reduce any rights a member may have
pursuant to applicable provisions of State or Federal law. An employee
requesting bereavement leave shall notify his/her supervisor as soon as
possible of the need to take leave.
F. Catastrophic Leave
Unit members may participate in the City's Catastrophic Leave Program.
G. Jury Duty
Unit members who are assigned to line positions and are called to jury duty
shall be excused for each twenty-four (24) hour shift during which the member
is required to attend court and sit on a jury or await assignment.
H. Flex Leave Premium Pay Account
Unit members shall have the right to receive pay, at the rate of 100% of their
then current base salary, for any Flex Leave banked, up to a maximum of fifty-
two (52) times their bi—weekly Flex Leave accrual rate as of June 30, 1994
(Flex Leave Premium Pay Account). The Flex Leave Premium Pay Account
balance shall be shown on each member's regular pay stub. The Flex Leave
Premium Pay Account shall be reduced in accordance with member
purchases. Each member shall, upon termination, resignation, retirement or
other separation from service, receive terminal pay at the rate of 100% of their
then current base salary for all accrued Flex Leave to the full extent of the
remaining balance in the Flex Leave Premium Pay Account with any remaining
Flex Leave paid at the then current base salary. The provisions of this section
shall apply only to members employed by the City of Newport Beach on or
before June 30, 1994.
Worker's Compensation Leave
Any Safety unit member who has been incapacitated by reason of any injury
or illness which has been determined to have arisen out of or in the course of
19 NBFA MOU 2015-2018
11-22
his or her employment shall receive compensation in accordance with the
provisions of Section 4850 et. seq. of the Labor Code of the State of California.
J. Schedulina of Medical Treatment for Industrial Iniuries
Time spent by an employee receiving medical attention during the employee's
normal working hours is considered hours worked and compensable, when
the City or its representative schedules the appointment.
When an employee is temporarily disabled due to an industrial injury, and is
unable to perform even limited duty in the workplace, all appointments,
whether arranged by the City or the employees, shall be considered as
occurring during normal working hours. The employee shall not be entitled to
any additional compensation, regardless of the employee's regular work
schedule or the type of compensation currently received, except as otherwise
required by law.
When an employee has been released to either full or limited duty and has
returned to the workplace, time spent receiving ongoing medical treatment,
such as physical therapy or follow-up visits that are not scheduled by the City,
is not considered hours worked and therefore, is not compensable. To avoid
disruption in the workplace, an employee shall schedule such appointments to
occur during off duty hours whenever possible. In the event such scheduling
is not available, employee may be allowed to attend an appointment during
their regularly scheduled duty shift with prior supervisory approval. Regular
recurring appointments (i.e., weekly physical therapy) must be scheduled off
duty.
K. Reassignment
In the event a line employee is reassigned to a staff position, or a staff
employee is reassigned to a line position, the City shall automatically convert
the Flex Leave, Bereavement Leave and other benefits from the position
previously held to the newly assigned position provided, however, upon
reassignment a line employee shall be entitled to either receive pay for
accrued holiday time or add accrued holiday time to the member's Flex Leave
account. The ratio for conversion of staff employee benefits to line employee
benefit shall be 7/5 and the ratio for converting line employee benefits to staff
employee benefits shall be 5/7.
20 NBFA MOU 2015-2018
11-23
SECTION 4. —Fringe Benefits
A. Insurance
Benefits Information Committee
City has established a Benefits Information Committee (BIC) composed
of one representative from each employee association group and up to
three City representatives. The Benefits Information Committee has
been established to allow the City to present data regarding carrier and
coverage options, the cost of those options, appropriate coverage
levels and other health programs. The purpose of the BIC is to provide
each employee group with information about health
insurance/programs and to receive timely input from associations
regarding preferred coverage options and levels of coverage.
2. Medical Insurance
The City has implemented an IRS qualified Cafeteria Plan. In addition
to the amounts listed below, the City shall contribute the minimum
CalPERS participating employer's contribution towards medical
insurance. Employees shall have the option of allocating Cafeteria Plan
contributions towards the City's existing medical, dental and vision
insurance/programs. The City and the Newport Firefighter Association
will cooperate in pursuing additional optional benefits to be available
through the Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as
taxable cash back. Employees shall be allowed to change coverages
in accordance with plan rules and during regular open enrollment
periods.
The parties recognize that from January 1, 2015 through December 31,
2015, the City has contributed $1,274 per month (plus the PERS
minimum contribution) toward the Cafeteria Plan.
Effective the pay issue that includes:
January 1, 2016, the City's contribution towards the Cafeteria Plan will
increase by $150.00 to $1,424 per month (plus the minimum Ca1PERS
participating employer's contribution).
January 1, 2017, the City's contribution towards the Cafeteria Plan will
increase by $200.00, to $1,624.00 (plus the minimum CaIPERS
participating employee's contribution).
21 NBFA MOU 2015-2018
11-24
On or after July 1, 2017, at the request of either party, the parties shall
meet and confer in good faith to discuss possible changes to the
medical benefit program, or other elements of healthcare services as a
result of the Affordable Healthcare Act (ACA) or changes in law,
provided, however, that any changes to the MOU only may occur by
mutual agreement of the parties.
Unit members who do not want to enroll in any medical plan offered by
the City must provide evidence of group medical insurance coverage,
and execute an opt -out agreement releasing the City from any
responsibility or liability to provide medical insurance coverage on an
annual basis.
Current employees electing to opt -out of City provided medical
coverage will be eligible to receive a maximum Cafeteria Allowance of
$1,149 per month. Effective the first pay issue in January 2016, the
opt -out Cafeteria Allowance will be $1,000 per month.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of
the City's health plan offerings as agreed upon by the Benefits
Information Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part of
the City's health plan offerings as agreed upon by the Benefits
Information Committee.
5. Changes in Insurance Carriers and Coverages
There shall be no change in Insurance carriers or coverages during the
term of this agreement unless the City has given prior notice to the
Association and, upon request, met and conferred.
B. Additional Health I nsu rance/Proa rams
IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to
reduce taxable income for payment of allowable expenses such as child
care and medical expenses. The City shall maintain a "reimbursable
account program" in accordance with the provisions of Section 125 of
the Internal Revenue Code, pursuant to which an Association member
may request that medical, child care and other eligible expenses be
paid or reimbursed by the City out of the employee's account. The base
22 NBFA MOU 2015-2018
11-25
C
I]
salary of the employee will be reduced by the amount designated by
the employee for reimbursable expenses.
2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD) disability
insurance to all regular full time employees with the following
provisions:
Weekly Benefit
Maximum Benefit
Minimum Benefit
Waiting Period
66.67% gross weekly wages
$10,000/month
$15 (STD) and $100 (LTD)
30 Calendar Days (STD)
180 Calendar Days (LTD)
Employees shall not be required to exhaust accrued paid leaves prior
to receiving benefits under the disability insurance program.
Employees may not supplement the disability benefit with paid leave
once the waiting period has been exhausted.
Concurrent with the commencement of this program, employees
assumed responsibility for the payment of the disability insurance cost
in the amount of one (1.0%) percent of base salary. Simultaneously,
the City increased base wages by one (1.0%) percent.
3. Life Insurance
The City shall provide life insurance for all regular full-time employees
in $1,000 increments equal to one times the employee's annual salary
up to a maximum of $50,000. At age 70 the City -paid life insurance is
reduced by 50% of the pre -70 amount. This amount remains in effect
until the employee retires from City employment.
Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a properly
licensed provider. Association members and their family members may
access the EAP subject to provider guidelines.
PERS Retirement Benefit
1. Retirement Formula
The City contracts with the California Public Employees Retirement
System ("Ca1PERS" or "PERS') to provide retirement benefits for its
23 NBFA MOU 2015-2018
11-26
employees. Pursuant to prior agreements and state mandated reform,
the City has implemented first, second and third tier retirement benefits
as follows:
Tier 1 ("Legacy"): For employees hired by the City on or before
November 23, 2012, the retirement formula for safety members shall be
3%@50 and the retirement formula for non -safety members shall be
2.5%@ 55, calculated on the basis of the highest consecutive 12 month
period selected by the employee.
Tier 11 ("Classic): For employees first hired by the City between
November 24 and December 31, 2012, or hired on or after January 1,
2013 and who are not new members as defined in Government Code
Section 7522.04(17, the retirement formula for safety members shall be
2%@50 and the retirement formula for non -safety members shall be
2%@60, calculated on the basis of the highest consecutive 36 month
period selected by the employee.
Tier III ('PEPRA'): For employees first hired by the City on or after
January 1, 2013, who are new members, the safety retirement formula
shall be 2.7%@57 and the non -safety retirement formula shall be
2.0%@62, calculated on the basis of the highest consecutive 36 month
period selected by the employee.
2. Employee Contributions
Unit members shall contribute amounts toward the PERS retirement
benefit, to the extent permissible by law, as set forth below. Should any
such provision be deemed invalid, the City and Association agree to
meet for the purpose of renegotiating employee retirement contributions
or other equivalent economic adjustments.
Employee retirement contributions that are in addition to the normal
PERS Member Contribution shall be made in accordance with
Government Code §20516(17 and calculated on base pay, special pays,
and other pays normally reported as pensionable compensation, and
will be made on a pre-tax basis through payroll deduction, to the extent
allowable by the Internal Revenue Code.
a. Safety
Tiers 1 and 11:
Effective the pay period that includes July 1, 2015, Tier 1 and ll
members shall contribute the full statutory member contribution,
equal to 9% of pensionable compensation, plus an additional
24 NBFA MOU 2015-2018
11-27
.75% of pensionable compensation of the Employer rate for a
total contribution of 9.75% of pensionable compensation.
Effective the pay period that includes January 1, 2016, Tier 1 and
11 members will contribute the full statutory member contribution
equal to 9% of pensionable compensation, plus an additional
1.5% of pensionable compensation of the Employer rate for a
total contribution of 10.5% of pensionable compensation
Effective the pay period that includes January 1, 2017, Tier 1 and
11 members will contribute the full statutory member contribution
equal to 9% of pensionable compensation, plus an additional
2.25% of pensionable compensation of the Employer rate for a
total contribution of 11.25% of pensionable compensation
Effective the pay period that includes January 1, 2018, Tier 1 and
11 members will contribute the full statutory member contribution
equal to 9% of pensionable compensation, plus an additional
3.0% of pensionable compensation of the Employer rate for a
total contribution of 12.0% of pensionable compensation
Tier lll:
The normal member contribution rate for Tier 111 members is 50%
of the total normal cost and is calculated annually for possible
adjustments as provided in the PERS valuations. For FY15-16
and FY16-17, the member contribution is 11.25% and 10.5% of
pensionable compensation respectively.
Effective the pay period that includes January 1, 2017, Tier 111
members will contribute the full statutory member contribution
equal to 10.5% of pensionable compensation, plus an additional
.75% of pensionable compensation of the Employer rate for a
total contribution of 11.25% of pensionable compensation.
Effective the pay period that includes January 1, 2018, Tier 111 unit
members will contribute the full statutory member contribution,
plus an additional percentage of pensionable compensation of
the Employer rate to achieve a total contribution of 12.0% of
pensionable compensation
b. Non Safety
The parties recognize that from January 1, 2015 through June 30,
2015, NBFA non -safety members have been paying, in addition
to the member contribution, a portion of the Employer rate under
a Government Code Section 20516(a) cost sharing agreement for
25 NBFA MOU 2015-2018
11-28
employees in Tier 1, and a Government Code Section 20516(17
cost sharing agreement for employees in all Tiers. The normal
member rate and the cost sharing rate vary by Tier. However, the
combined contribution rate for each Tier equals 10.9% of
pensionable compensation, as provided in a prior agreement.
Tier 1:
Effective the pay period including July 1, 2015, employees shall
contribute an additional .75% of pensionable compensation for a
total employee contribution of 11.65% of pensionable
compensation.
Effective the pay period including January 1, 2016, employees
shall contribute an additional .70% of pensionable compensation,
for a total employee contribution of 12.35% of pensionable
compensation, broken down as follows: 8.0% of pensionable
compensation of the required member contribution and 2.42%
and 1.93% of pensionable compensation of cost sharing under
Government Code Sections 20516(a) and 20516(17 respectively.
Effective the pay period including January 1, 2017, employees
shall contribute an additional .65% of pensionable compensation
for a total employee contribution of 13.0% of pensionable
compensation, broken down as follows: 8.0% of pensionable
compensation of the required member contribution and 2.42
and 2.58% of pensionable compensation as cost sharing under
Government Code Sections 20516(x) and 20516(17 respectively.
Tiers 11 and lll:
Effective the pay period including July 1, 2015, employees in
Tiers 11 and 111 shall contribute an additional .75% of pensionable
compensation, above the 10.9% in prior agreement, for a total
employee contribution of 11.65% of pensionable compensation.
Effective the pay period including January 1, 2016, employees in
Tiers 11 and 111 shall contribute an additional .70% of pensionable
compensation, for a total employee contribution of 12.35% of
pensionable compensation.
Effective the pay period including January 1, 2017, employees in
Tiers 11 and 111 shall contribute an additional .65% of pensionable
compensation for a total employee contribution of 13.0% of
pensionable compensation.
26 NBFA MOU 2015-2018
11-29
c. The City's contract with PERS shall also provide for.-
The
ora
The military buy-back provisions pursuant to Section 20930.3 of
the California Government Code and the highest year benefit
pursuant to Section 20042.
• The Level 4 1959 Survivors Benefits.
• The PERS pre -retirement option settlement 2 death benefit
(Section 21548) for miscellaneous and safety members.
4. Payment by any individual member's normal employee PERS
contributions or amounts contributed pursuant to 20516 (a) or (f) shall
not be reported to PERS as special compensation.
E. Defined Contribution Plan
In 2013 the City established a Defined Contribution Plan for safety unit
members enrolled in the 2% at 50 or 2.7% @ 57 retirement formulae (Tiers II
and III)., Such employees are eligible to participate in a Defined Contribution
plan (Plan), administered by the City or its designee in accordance with said
regulatory agency regulations and laws. The Plan shall continue to be funded
by allowing each affected employee to contribute any amount (unless
statutorily capped or capped by the Plan) of base salary each payroll period.
The City shall match any such employee contribution up to 1.5% of base
salary per year. The employee -only contributions shall be deemed fully
vested at the time of its deposit. The employer -only matching contribution
shall vest upon a PERS retirement being implemented as follows: 100% - age
55+; 80% - age 54; 60% - age 53, 40% - age 52; 20% - age 51. ("Age" at time
of retirement being effective.) In the event that a participant in the Plan has a
medical retirement earlier than the vesting above, he or she shall be deemed
100% vested upon the date of the medical retirement.
F. Retiree Medical Benefit
Background
In 2005, the City and all Employee Associations agreed to replace the
previous "defined benefit" retiree medical program with a new "defined
contribution" program. The process of fully converting to the new
program will be ongoing for an extended period. During the transition,
employees and (then) existing retirees have been administratively
classified into one of four categories. The benefit is structured
differently for each of the categories. The categories are as follows:
a. Category 1 - Employees newly hired after January 1, 2005.
27 NBFA MOU 2015-2018
11-30
b. Category 2 - Active employees hired prior to January 1, 2006,
whose age plus years of service as of January 1, 2005 was less
than 50 (46 for public safety employees).
C. Category 3 - Active employees hired prior to January 1, 2006,
whose age plus years of service was 50 or greater (46 for public
safety employees) as of January 1, 2005.
d. Category 4 - Employees who had already retired from the City
prior to January 1, 2006, and were participating in the previous
retiree medical program.
2. Program Structure
This is an Integral Part Trust (IPT) Retirement Health Savings Plan
(RHS, formerly the Medical Expense Reimbursement Program Plan, ie:
MERP).
a. For employees in Category 1, the program is structured as
follows:
Each employee will have an individual RHS account for bookkeeping
purposes, called his or her "Employee Account." This account will
accumulate contributions to be used for health care expense after
separation. All contributions to the plan are either mandatory employee
contributions or City paid employer contributions, so they are not
taxable to employees at the time of deposit. Earnings from investment
of funds in the account are not taxable when posted to the account.
Benefit payments are not taxable when withdrawn, because the plan
requires that all distributions be spent for specified health care
purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1 % of Salary.
Part B contributions (employer contributions): $2.50 per month for each
year of service plus year of age (updated every January 1st based on
status as of December 31 st of the prior year).
Part C contributions (leave settlement as determined by Association):
The Association will determine the level of contribution for all
employees it represents, subject to the following constraints. All
employees within the Association must participate at the same level,
except that Safety members and Non -safety members within an
Association may have different levels. The participation level should be
28 NBFA MOU 2015-2018
11-31
specified as a percentage of the leave balance on hand in each
employee's leave bank at the time of separation from the City.
For example, if the Association wishes to specify 50% of the leave
balance as the participation level, then each member leaving the City,
or cashing out leave at any other time, would have the cash equivalent
of 50% of the amount that is cashed out added to the RHS, on a pre-
tax basis. The remaining 50% would be paid in cash as taxable income.
Individual employees would not have the option to deviate from this
breakout.
The Association has decided to participate in Part C contributions at the
level of zero percent (0%) Flex. This amount may be changed, on a go
forward basis, as part of a future meet and confer process. However,
the participation level must be the same for all employees within the
Association except that Safety members and Non -safety members
within an Association may have different levels. Additionally, the
purpose and focus of these changes should be toward long-term, trend
type adjustments. Due to IRS restrictions regarding "constructive
receipt," the City will impose restrictions against frequent spikes or
drops that appear to be tailored toward satisfying the desires of a group
of imminent retirees.
Nothing in this section restricts taking leave for time off purposes.
Sick leave balances may also be included in the RHS Part C
contributions, but only to the extent and within all the numeric
parameters specified in the Employee Policy Manual. Section 11.21 of
the Manual contains a schedule, which specifies the amount of sick
leave that can be "cashed out," based on time of service. The manual
also caps the number of hours that can be "cashed out" at 800, and
specifies that sick leave hours are "cashed out" on a 2 for 1 basis (800
hours of sick leave are converted to 400 hours for cash purposes). Sick
leave participation is a separate item from vacation/flex leave
participation, and thresholds must be separately identified by the
Association.
Part A contributions may be included in PERS compensation. Part B
and Part C contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are
credited to each RHS Employee Account each pay period. Eligibility for
Part B contributions is set at five years of vested City employment. At
that time, the City will credit the first five years' worth of Part B
contributions into the Employee Account (interest does not accrue
during that period). Thereafter, contributions are made bi-weekly. Part
C deposits, if any, will be made at the time of employment separation.
29 NBFA MOU 2015-2018
11-32
Each Employee has a right to reimbursement of medical expenses (as
defined below) from the Plan until the Employee Account balance is
zero. This right is triggered upon separation. If an employee leaves
the City prior to five years employment, only the Part A contributions
and Part C leave settlement contributions, if any, will be in the RHS
Employee Account. Such an employee will not be entitled to any Part
B contributions. The exception to this is a full-time employee,
participating in the program, who leaves the City due to industrial
disability during the first five years of employment. In such cases, the
employee will receive exactly five years' worth of Part B contributions,
using the employee's age and compensation at the time of separation
for calculation purposes. This amount will be deposited into the
employee's RHS account at the time of separation.
Distributions from RHS Employee Accounts are restricted to use for
health insurance and medical care expenses after separation, as
defined by the Internal Revenue Code Section 213(d) (as explained in
IRS Publication 502), and specified in the Plan Document. In
accordance with current IRS regulations and practices, this generally
includes premiums for medical insurance, dental insurance, vision
insurance, supplemental medical insurance, long term care insurance,
and miscellaneous medical expenses not covered by insurance for the
employee and his or her spouse and legal dependents — again only as
permitted by IRS Publication 502. Qualification for dependency status
will be determined by guidelines in IRC 152. If used for these purposes,
distributions from the RHS accounts will not be taxable. Cash
withdrawal for any other purpose is prohibited. Under recent IRS
Revenue Ruling 2005-24, any balance remaining in the Employee
Account after the death of the employee and his or her spouse and/or
other authorized dependents (if any) must be forfeited. That particular
RHS Employee Account will be closed, and any remaining funds will
become general assets of the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CalPERS participating employer's
contribution towards medical insurance after retirement. The parties
also agree that, for retirees selecting a CalPERS medical plan, or any
other plan with a similar employer contribution requirement, the
required City contribution will be withdrawn from the retiree's RHS
account.
b. For employees in Category 2, the program is the same as for
those in Category 1, with the following exception:
In addition to the new plan contributions listed above, current
employees who fully convert to the new plan will also receive a one -
30 NBFA MOU 2015-2018
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time City contribution to their individual RHS accounts that equates to
$100 per month for every month they contributed to the previous
"defined benefit" plan, to a maximum of 15 years (180 months). This
contribution will be made only if the employee retires from the City and
at the time of retirement. No interest will be earned in the interim.
Employees in Category 2 who had less than five years' service with the
City prior to implementation of the new program will only receive Part B
contributions back to January 1, 2006 when they reach five years total
service.
C. For employees in Category 3, the program is the same as for
those in Category 2, with the following exception:
For employees in this category, the City will make no Part B
contributions while the employees are still in the active work force.
Instead, the City will contribute $400 per month into each of their RHS
accounts after they retire from the City, to continue as long as the
employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for the
duration of their employment to partially offset part of this expense to
the City. The maximum benefit provided by the City after retirement is
$4,800.00 per year, accruing at the rate of $400.00 per month. There
is no cash out option for these funds, and they may not be spent in
advance of receipt.
Employees in this category will also receive an additional one-time City
contribution of $75 per month for every month they contributed to the
previous plan prior to January 1, 2006, up to a maximum of 15 years
(180 months). This contribution will be made to the RHS account at the
time of retirement, and only if the employee retires from the City. No
interest will be earned in the interim.
d. For employees (retirees) in Category 4, the structure is very
similar to the previous retiree medical program, except that there
is no cost share requirement, and the $400 City contribution after
retirement can be used for any IRS authorized purpose, not just
City insurance premiums.
Effective July 1, 2006, a RHS account has been opened for each retiree
in this category, and the City will contribute $400 per month to each
account as long as the retiree or spouse remains living.
31 NBFA MOU 2015-2018
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3. Administration
Vendors have been selected by the City to administer the program. The
contract expense for program -wide administration by the vendor will be
paid by the City. However, specific vendor charges for individual
account transactions that vary according to the investment actions
taken by each employee, such as fees or commissions for trades, will
be paid by each employee.
The City's Deferred Compensation Committee, or its successor
committee, will have the authority to determine investment options that
will be available through the plan.
4. Value of Benefit
For all purposes, including compensation comparisons, the Retiree
Medical Program shall be valued at 1% of salary on which PERS
retirement is based (Part A); plus .25% of other compensation (Part B).
G. Tuition Reimbursement and Trainin
Maximum tuition reimbursement (for both college courses and non -college
authorized courses) for unit members shall be $1,500 per fiscal year.
College Courses
Unit members attending accredited community colleges, colleges, trade
schools or universities may apply for reimbursement of one hundred
percent (100%) of the actual cost of tuition, books, fees or other student
expenses for approved job—related courses. Reimbursement is
contingent upon the successful completion of the course. Successful
completion means a grade "C" or better for undergraduate courses and
a grade "B" or better for graduate courses. All claims for tuition
reimbursement require the approval of the Human Resources Director.
College courses taken in pursuit of a degree that would render the
employee eligible to receive scholastic pay compensation shall not be
eligible for tuition reimbursement.
Career development courses and vocational courses offered through a
college shall be eligible for tuition reimbursement provided they meet
the definition of pre -authorized or prior approval is received from the
Fire Chief or designee. Examples include, but are not limited to:
California State Fire Marshal Courses and CICCS Courses.
32 NBFA MOU 2015-2018
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2. Non -College Courses
Unit members attending job-related classes, courses, and seminars
given by recognized agencies, organizations or individuals other than
accredited college institutions may apply for reimbursement of one
hundred percent (100°/x) of the actual cost of tuition, parking fees, travel
and lodging expenses.
Job-related courses, training and seminars will be considered pre -
authorized in the following areas: Management and supervision, oral
and written communications, conflict resolution, legal issues, and media
relations, risk management, fire ground operations, rescue systems,
EMS, health and safety, apparatus operator, auto extrication, fire
prevention, arson investigation, and critical incident stress
management.
Reimbursement is contingent upon the successful completion of the
course. Successful completion means a document or certificate
showing successful completion of the class or seminar. All claims for
tuition reimbursement require the approval of the Fire Training Battalion
Chief before submittal to Human Resources.
3. Training — Worker's Comp
Employees of the Newport Beach Fire Department will be considered
within the definition of course of employment and arising out of
employment for purposes of workers compensation coverage when
they have been authorized by the Fire Chief to attend pre -approved
training that furthers the department's mission in providing fire and
medical public safety services to the community.
H. Fitness Program
All unit members shall participate in the Department Fitness Program as
outlined in Department SOP.
Physical Conditioning Equipment
1. City has acquired fitness equipment for use by members in maintaining
physical fitness. City shall budget $25,000 per year for the acquisition,
maintenance, repair, improvement, or replacement of fitness
equipment. Up to $10,000 may be carried over to a subsequent fiscal
year(s). An additional $10,000 shall be budgeted to equip any new
stations built during the term of this agreement.
2. City shall provide workout apparel for each NBFA member assigned to
fire suppression. Workout apparel shall consist of three workout shirts
33 NBFA MOU 2015-2018
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and two trunks. All unit members on duty between the hours of 4:00
p.m. one day and 7:30 a.m. the next, shall wear either the approved
workout apparel, or the approved NBFD uniform.
SECTION 5. — Miscellaneous Provisions
A. Reductions in Force/Layoffs
The provisions of this section shall apply when the City Manager determines
that a reduction in the work force is warranted because of actual or anticipated
reductions in revenue, reorganization of the work force, a reduction in
municipal services, a reduction in the demand for service or other reasons
unrelated to the performance of duties by any specific employee. Reductions
in force are to be accomplished, to the extent feasible, on the basis of seniority
within a particular Classification or Series and this Section should be
interpreted accordingly.
1. Definitions
a. Layoff or Layoffs shall mean the non—disciplinary termination of
employment.
b. "Seniority" shall mean the time an employee has worked in a specific
Classification within a Series calculated from the date on which the
employee was first granted permanent status, subject to the
following:
i. Credit shall be given only for continuous service subsequent to
the most recent appointment to permanent status in the
Classification or Series;
ii. Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not include time
spent on any other authorized or unauthorized leave of
absence.
iii. For purposes of determining layoffs within the Classification of
Firefighter, seniority shall mean the time an employee has
worked within the Series from Firefighter to Captain.
c. "Classification" shall mean one or more full time positions identical
or similar in duties and embraced by a single job title authorized in
the City budget and shall not include part—time, seasonal or
temporary positions. Classifications within a Series shall be ranked
according to pay (lowest ranking, lowest pay).
34 NBFA MOU 2015-2018
11-37
d. "Series" shall mean two or more Classifications within a Department
which require the performance of similar duties with the higher
ranking Classification (s) characterized by the need for less
supervision by superiors, more difficult assignments, more
supervisory responsibilities for subordinates. The City Manager
shall determine those Classifications which constitute a Series.
e. "Bumping Rights", "Bumping" or "Bump" shall mean the right of an
employee in a higher Classification who is subject to layoff to
displace a less senior employee in a lower Classification within the
Series. No employee shall have the right to Bump into a
Classification for which the employee does not possess the
minimum qualifications such as specialized education, training or
experience, provided, however, the City shall allow an employee to
become recertified as a paramedic in the event the employee's
certification has expired due to promotion to another position. An
employee has the right to Bump into only those positions the
employee has previously held with the Department.
2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are
applicable:
a. Temporary and probationary employees within any
Classification shall, in that order, be laid off before permanent
employees.
b. Employees within a Classification shall be laid off in inverse
order of seniority.
C. An employee subject to layoff in one Classification shall have the
right to Bump a less senior employee in a lower ranking
Classification within a Series, provided, however, that the
determination of the employee to be terminated from the position
of Firefighter shall be based on seniority within the Series. An
employee who has Bumping Rights shall notify the Department
Director within seven (7) working days after notice of layoff of
his/her intention to exercise Bumping Rights.
d. In the event two or more employees in the same Classification
are subject to layoff and have the same seniority, the employees
shall be laid off in inverse order of their position on the eligibility
list or lists from which they were appointed. In the event at least
one of the employees was not appointed from an eligibility list,
35 NBFA MOU 2015-2018
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the Department Director shall determine the employee(s) to be
laid off.
3. Notice
Employees subject to layoff shall be given at least thirty (30) days
advance notice of the layoff or thirty (30) days' pay in lieu of notice. In
addition, employees laid off will be paid for all accumulated paid leave,
holiday leave (if any), and accumulated sick leave to the extent
permitted by the Employee Policy Manual.
4. Re—Employment
Permanent and probationary employees who are laid off shall be placed
on a Department re-employment list in reverse order of layoff. The laid
off former employee shall remain on the reemployment list for not to
exceed two (2) years from the date of layoff. In the event a vacant
position occurs in the Classification which the employee occupied at the
time of layoff, or a lower ranking Classification within a Series, the
employee at the top of the Department re-employment list shall have
the right to appointment to the position, provided, he or she reports to
work within seven (7) days of written notice of appointment. Notice shall
be deemed given when personally delivered to the employee or
deposited in the U.S. Mail, certified, return receipt requested, and
addressed to the employee at his or her last known address. Any
employee shall have the right to refuse to be placed on the re—
employment list or the right to remove his or her name from the re—
employment list by sending written confirmation to the Human
Resources Director.
5. Severance Pay
Permanent employees who are laid off shall, as of the date of lay—off,
receive one-week severance pay for each year of continuous service
with the City of Newport Beach, but in no case, to exceed ten (10)
weeks of severance compensation.
B. Discipline Plan
Any discipline shall be in accordance with Department SOP and the Employee
Policy Manual.
C. Fire Suppression Equipment Staffing Levels
The City shall not reduce current staffing levels for fire suppression equipment
during the term of this MOU. The City believes that appropriate staffing levels
call for three (3) fire suppression personnel for each engine company and three
36 NBFA MOU 2015-2018
11-39
(3) fire suppression personnel on one truck company and four (4) fire
suppression personnel on the second truck company. The Fire Chief or
designee shall have the discretion to add a fourth fire suppression personnel
to the truck company staffed with three fire suppression personnel on a regular
or overtime i.e. "backfill' basis, based on operational needs, for a minimum 12
hour period. However, nothing contained herein shall be construed as altering
the existing 24 hour shift for fire suppression employees.
D. EMT Certification
All members are required to attend regularly scheduled departmental EMT
certification classes. Any member, except members who are paramedic
certified, who misses, or anticipates missing, a regularly scheduled EMT
certification class shall contact the Fire Chief or his/her designee in an attempt
to schedule a makeup session, provided, however, members may view
videotaped classes to make up for absences from a regularly scheduled class
in accordance with County and State requirements. If a makeup session is
not available within the program schedule established by the Department, the
member shall, prior to loss of certification, attend a Departmental session or
class offered by a public or private institution on the member's own time and
without compensation by the City.
E. No Smoking
All employees hired after January 1, 1999 shall not smoke or use any tobacco
products at any time while on, or off, duty. Employees shall be required to sign
an agreement consistent with this section. Violation of the agreement may
subject the employee to disciplinary action. Employees shall have input into
the agreement to be developed.
Smoking an occasional celebratory cigar (birth of a child, etc.) while off-duty
shall not be considered a violation of this section.
F. Life Safety Services Classifications
Existing flexible staffing provisions in Life Safety Services Classifications shall
remain in effect for the term of this agreement.
G. Exposure Log
The City maintains an exposure log system.
H. Grievance Procedure
Except as described herein, unit employees are covered by the grievance
procedure contained in the Employee Policy Manual. However, the parties
agree that Step 1 of the manual shall be deemed to define either a Captain or
37 NBFA MOU 2015-2018
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Battalion Chief as the "immediate supervisor," Step 2 of the grievance
procedure shall be presided over the Fire Chief, and Step 3 of the grievance
procedure shall be the City Manager. The City Manager shall render the final
and binding grievance determination.
48/96 Schedule
The Fire Department currently operates with a 48/96 schedule. A City
proposal to modify this schedule shall be subject to meet and confer.
J. Consecutive Shifts
Effective concurrent with this 2015-18 MOU, unit members shall be limited to
working four (4) 24-hour shifts in a row, after which time the employee shall
not work during the next consecutive 24 hour shift. A fifth consecutive shift
may be permitted with Battalion Chief approval based upon operational needs.
K. Paramedic Program
Effective September 2015, the Newport Beach Fire Department, along with
Huntington Beach and Fountain Valley Fire Departments, are participating in
a State Community Paramedicine Pilot Study. This portion of the study utilizes
specially trained community paramedics to triage and transport patients to
alternate destinations. A patient of low acuity status that meets the pre-
determined criteria would be transported to an alternative destination such as
an urgent care clinic.
The goals and objectives of this pilot study test the feasibility to relieve
overcrowding of emergency departments and improving patient care and
efficiency by transporting patients to appropriate destinations.
At the conclusion of the study, should the results indicate a change in staffing,
both parties agree to meet and confer in good faith on any changes that may
affect unit members, provided that no such changes prior to the expiration of
the MOU can occur without mutual agreement.
In addition, effective January 1, 2018, the parties agree to reopen the MOU to
meet and confer on City proposals regarding alternative staffing models for
Paramedics and related matters, provided that no such changes prior to the
expiration of the MOU can occur without mutual agreement.
Signatures are on the next page.
38 NBFA MOU 2015-2018
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Executed this day of January, 20186.
ATTEST:
Leilani Brown, City Clerk
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
la
Bobby Salerno, NBFA President
CITY OF NEWPORT BEACH
:
Duffy Duffield, Mayor
By:
Peter J. Brown. Special Counsel
Attachment: Exhibit "A" NBFA Represented Classifications and Pay Rates
39 NBFA MOU 2015-2018
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Attachment B
AMENDED
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
AND
THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
Term: January 1, 2015 through December 31, 2018
NBFA MOU 2015-2018
11-43
TABLE OF CONTENTS
Page
PREAMBLE....................................................................................................................1
SECTION 1 - GENERAL PROVISIONS
Recognition..................................................................................................................... 1
Duration of Memorandum................................................................................................ 1
ReleaseTime.................................................................................................................. 2
Scope............................................................................................................................. 3
BulletinBoards...............................................................................................................4
DuesCheck-off................................................................................................................4
Maintenance of Membership........................................................................................... 5
Conclusiveness............................................................................................................... 5
Modifications................................................................................................................... 5
Savings............................................................................................................................ 5
Impasse........................................................................................................................... 6
Definitions........................................................................................................................ 6
SECTION 2 - COMPENSATION
Salary Adjustments - this MOU Period............................................................................ 6
SalaryDifferential............................................................................................................ 6
Firefighter — Special Step Increase.................................................................................
7
Probationary Firefighter Training Step.............................................................................
7
Overtime— Hours Worked...............................................................................................
8
RequiredUniform............................................................................................................
9
Scholastic/Certificate Achievement Pay..........................................................................
9
SpecialAssignment Pay................................................................................................
10
Temporary Upgrading of Employees.............................................................................
11
ParamedicTraining.......................................................................................................
13
Y-Rating........................................................................................................................
13
ShiftHoldover................................................................................................................13
EmergencyRecall.........................................................................................................
13
BilingualPay..................................................................................................................
14
CourtStandby Pay........................................................................................................
14
LongevityPay................................................................................................................14
SECTION 3 - LEAVES
FlexLeave..................................................................................................................... 14
TelestaffSystem............................................................................................................ 17
Vacation/Sick Leave...................................................................................................... 17
HolidayTime................................................................................................................. 17
BereavementLeave..................................................................................................... 19
1
11-44
CatastrophicLeave....................................................................................................... 19
JuryDuty....................................................................................................................... 19
Flex Leave Premium Pay Account................................................................................ 19
Worker's Compensation Leave..................................................................................... 20
Scheduling of Medical Treatment for Industrial Injuries ................................................. 20
Reassignment............................................................................................................... 20
SECTION 4 - FRINGE BENEFITS
Insurance....................................................................................................................... 21
Additional Health Insurance/Programs.......................................................................... 22
Employee Assistance Program..................................................................................... 23
PERSRetirement Benefit..............................................................................................24
Defined Contribution Plan.............................................................................................. 27
RetireeMedical Benefit................................................................................................. 28
Tuition Reimbursement and Training............................................................................ 32
FitnessProgram............................................................................................................ 34
Physical Conditioning Equipment.................................................................................. 34
SECTION 5 - MISCELLANEOUS PROVISIONS
Reduction in Force/Layoffs............................................................................................ 34
DisciplinePlan............................................................................................................... 37
Fire Suppression Equipment Staffing Levels................................................................. 37
EMTCertification.......................................................................................................... 37
NoSmoking................................................................................................................... 37
Life Safety Services Classifications............................................................................... 38
ExposureLog................................................................................................................ 38
Grievance Procedure.................................................................................................... 38
48/96 Schedule............................................................................................................. 38
ConsecutiveShifts......................................................................................................... 38
ParamedicProgram...................................................................................................... 38
EXHIBIT A — Represented Classifications and Pay Rates ............................................ 41
11-45
I:AN0\LTA l:i0=
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as WOU") is entered
into with reference to the following:
The Newport Beach Firefighters Association, International Association of Firefighters,
Local 3734 ("NBFA"), a recognized employee organization, and the City of Newport
Beach ("City"), a municipal corporation and charter city, have been meeting and
conferring, in good faith, with respect to wages, hours, fringe benefits and other terms
and conditions of employment of employees in the unit of representation NBFA is
recognized to represent (unit members).
2. NBFA representatives and City representatives have reached a tentative agreement
as to wages, hours and other terms and conditions of employment for the period from
January 1, 2015 through December 31, 2018 and this tentative agreement has been
embodied in this MOU.
3. The City acknowledges and appreciates the cooperation of NBFA during the meet
and confer process leading to the adoption of the 2015-2018 MOU.
4. This MOU, upon approval by NBFA and the Newport Beach City Council, represents
the total and complete understanding and agreement between the parties regarding
all matters within the scope of representation.
SECTION 1 — GENERAL PROVISIONS
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach,
the Meyers-Milias-Brown Act of the State of California and the provisions of
the Employer's/Employee Labor Relations Resolution No. 2001-50, the City
acknowledges that NBFA is the majority representative for the purpose of
meeting and conferring regarding wages, hours and other terms and
conditions of employment for all employees in those classifications specified
in Exhibit A or as appropriately modified in accordance with the
Employer/Employee Resolution. All other classifications and positions not
specifically included within Exhibit A are excluded from representation by
NBFA.
B. Duration of Memorandum
Except as specifically provided otherwise, any ordinance, resolution or
action of the City Council necessary to implement this MOU shall be
considered effective as of January 1, 2015. This MOU shall remain in
full force and effect until December 31, 2018, and the provisions of this
MOU shall continue after the date of expiration of this MOU in the event
the parties are meeting and conferring on a successor MOU.
NBFA MOU 2015-2018
11-46
The parties agree that, if NBFA submits preliminary requests for
changes in wages, fringe benefits and other terms and conditions of
employment earlier than 90 days prior to expiration of the MOU, the
parties will begin negotiations promptly, with the objective of reaching
an agreement by December 31, 2018.
2. The terms and conditions of this MOU shall prevail over any conflicting
provisions of the Newport Beach City Charter, the ordinances,
resolutions and policies of the City of Newport Beach, and federal and
state statutes, rules and regulations which either specifically provide
that agreements such as this prevail, confer rights which may be waived
by any collective bargaining agreement, or are, pursuant to decisional
or statutory law, superseded by the provisions of an agreement such
as, or similar to, this MOU.
C. Release Time
1. Unit members shall be allowed to participate in the following activities
and receive full pay ("Release Time"):
a. Attendance at off-site meetings, conferences, seminars or
workshops related to matters within the scope of representation;
b. To prepare for scheduled meetings between the City and NBFA
during the meet and confer process.
C. i. To travel to, and attend scheduled meetings between the
City and NBFA during the meet and confer process.
ii. To travel to and attend scheduled grievance and
disciplinary hearings.
iii. To meet, for up to one hour, with a unit member(s) they
are representing prior to a hearing described in
subsection C(1)(c)(ii) above.
2. City grants NBFA 400 hours of Release Time per calendar year to
engage in the activities described in subsection 1(a) and 1(b). Unused
hours from any calendar year may be carried over to the next year not
to exceed a total City provided release time accrual of three hundred
(300) hours.
3. City grants Unit members the right to engage in the activities described
in subsection 1(c) at any time without reduction to the Release Time
granted in subsection 2.
2 NBFA MOU 2015-2018
11-47
4. NBFA shall designate certain members as those members entitled to
release time. Designates must give reasonable advance notice to, and
obtain permission from, their supervisor prior to use of release time, or,
prior to adjusting work hours. Requests for release time shall be
granted by the supervisor unless there are specific circumstances that
require the designate to remain on duty. Designates shall, to the
maximum extent feasible, receive shift assignments compatible with
participation in the meet and confer process.
a. The NBFA President shall be entitled to a maximum of 200 hours
per calendar year for appropriate association related business,
excluding time required for the meet and confer process. The
NBFA President shall, at his/her discretion, allocate Release
Time to NBFA Board members or other designates, to a
maximum of 150 hours per year per individual. In the event the
200 hours for the President or 150 hours for other NBFA
designates are insufficient, the President may submit a request
to the Assistant City Manager or designee, with justification, that
additional hours be granted. In no event shall the Association be
granted more than a total of 400 hours per year for all
designates.
5. In addition to City—provided Release Time and Release Time provided
pursuant to subparagraph (3), Unit members may contribute earned
paid time off to an NBFA Release Time Bank. Members may contribute
earned time only during the period from July 1 through August 15th
during any calendar year. However, members shall not have the right
to contribute time to the NBFA Release Time bank if NBFA has
accumulated more than 600 hours of total Release Time. Any NBFA
member who contributes time to the Release Time Bank gives up any
right to usage of, or payment for, the contributed time. Contributions
may be made only in six -minute increments. Contributions shall be on
forms prepared by the City which shall then be submitted to the
appropriate department employee. City shall advise NBFA as to the
balance of hours in the Release Time Bank upon request. For purposes
of this subparagraph only, the term "time off" shall be defined as
accrued flex leave.
6. There is no entitlement to release time for any matter not set forth
above.
D. Scope
1. All present written rules and currently established practices and
employee rights, privileges and benefits that are within the scope of
representation shall remain in full force and effect during the term of this
MOU unless specifically amended by the provisions of this MOU, or in
3 NBFA MOU 2015-2018
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the case of the Department SOP's falling within the scope of
representation, the City has given notice to the Association and, upon
request, met and conferred on any proposed changes which fall within
the scope of representation.
When the Department proposes to change any SOP departmental rule
or regulation, it will provide a copy of such change to the Association no
less than seven (7) days prior to implementation of the proposed
change. If such proposed change materially impacts any matter within
the scope of representation, then the parties agree to meet and confer
over such impact.
2. Pursuant to this MOU, the City reserves and retains all of its inherent
exclusive and non—exclusive managerial rights, powers, functions and
authorities ("Management Rights") as set forth in Resolution No. 2001-
50.
E. Bulletin Boards
1. Space shall be provided on bulletin boards within the Fire Department
at their present location for the posting of notices and bulletins relating
to NBFA business, meetings, or events. All materials posted on bulletin
boards shall indicate the name of the organization responsible. Material
posted shall not contain personal attacks on any City official or
employee, any material which constitutes harassment, discrimination or
retaliation on the basis of race, gender, ethnicity, religion, age, sexual
orientation or other statutorily or constitutionally impermissible basis, as
well as any pornographic or obscene material.
2. Material posted and messages sent through electronic mail (E—Mail)
shall not contain personal attacks on any City official or employee, any
material which constitutes harassment, discrimination or retaliation on
the basis of race, gender, ethnicity, religion, age, sexual orientation, or
other statutorily or constitutionally impermissible basis, as well as any
pornographic or obscene material. E—Mail may be used for Association
business on a limited basis and consistent with Department Policy.
F. Dues Check -off
Unit members shall have the right to authorize the City to deduct regular
monthly NBFA dues from their bi—weekly paycheck. The City shall deduct
payment of NBFA dues when the employee has authorized such deduction
and City shall remit all payments to NBFA in accordance with the terms of each
member's authorization.
4 NBFA MOU 2015-2018
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G. Maintenance of Membershi
Any employee in this Unit who has authorized association deductions on the
effective date of this Agreement, or at any time subsequent to the effective
date of this Agreement, shall continue to have such dues deductions made by
the City during the term of this Agreement, provided that any employee in the
Unit may terminate such Association dues by submitting a signed request to
cancel payroll deduction to the Human Resources Director. This signed
request shall be followed up with a second request at a time between 30 and
45 days of the original letter. The Association shall indemnify the City and hold
it harmless against any and all suits, claims, demands and liabilities that may
arise out of or by reason of the application or implementation of the provisions
of this section.
H. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed
upon by the parties. Therefore, for the life of this MOU, neither party shall be
compelled to meet and confer concerning any issue within the scope of
representation except as expressly provided herein or by mutual agreement of
the parties. No representative of either party has the authority to make, and
none of the parties shall be bound by, any statement, representation or
agreement reached prior to the execution of this MOU and not set forth herein.
Modifications
Any agreement, alteration, understanding, variation, or waiver or modification
of any of the terms or provisions of this MOU shall not be binding upon the
parties unless contained in a written document executed by authorized
representatives of the parties.
J. Savings
Should any part of this MOU be rendered or declared illegal or invalid by
legislation, decree of court of competent jurisdiction or other established
governmental administrative tribunal, such invalidation shall not affect the
remaining portions of this MOU provided, however, should the provisions of
this MOU relating to salary increases, fringe benefits, or the compensation
policy be declared invalid the City shall provide alternative forms of
compensation such that Unit members suffer no financial detriment by virtue
of the decision or ruling with the manner and form of the compensation to be
determined by the parties after meeting and conferring in good faith.
K. Impasse
In the event of an impasse (the failure to agree on a new MOU after the
express term of the existing MOU has expired), the parties may agree on
NBFA MOU 2015-2018
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mediation pursuant to the procedure outlined in Section 16 of Resolution No.
2001-50 or a successor resolution. Upon request by the Association the
parties will engage in non-binding fact finding pursuant to State law.
L. Definitions
For the purposes of this MOU these terms shall have the following meanings:
1. The term "member" or "unit member" shall mean all persons within
classifications represented by NBFA.
2. The term "staff employee" shall mean any unit member who is assigned
to work an average 40 -hour workweek.
3. The term "line employee" shall mean any unit member assigned to
work an average 56 -hour workweek in 24-hour shift increments.
4. The term "Municipal Fire Departments in Orange County" or "Municipal
Fire Departments" shall mean all City operated Fire Departments and
the Orange County Fire Authority.
SECTION 2 — COMPENSATION
A. Salary Adjustments — this MOU Period
Base salary increases for all NBFA represented classifications shall be as
follows and as specified in Exhibit A:
1. Effective the payroll period that includes July 1, 2015, there shall be a base
salary increase of 2.75% for all represented classifications.
2. Effective the payroll period that includes January 1, 2016, there shall be a
base salary increase of 2.75% for all represented classifications.
3. Effective the payroll period that includes January 1, 2017, there shall be a
base salary increase of 2.75% for all represented classifications.
4. Effective the payroll period that includes January 1, 2018, there shall be a
base salary increase of 2.75% for all represented classifications
B. Salary Differential
1. The adjustments to salary and total compensation described in this Section
shall maintain the salary differentials between the classification of
Firefighter (benchmark classification) and the other classifications
represented by NBFA, as set forth below, so there is an appropriate internal
relationship among the primary classifications represented by NBFA.
Subject to the foregoing, the salaries specified below or total
6 NBFA MOU 2015-2018
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C
I
compensation, as appropriate, shall be subject to the following minimum
salary differentials between classifications:
Percent of
Firefighter
Firefighter Series Top Step
Firefighter
N/A
Engineer
112.50%
Paramedic
122.25%
Line Captain
132.00%
Staff Captains shall receive an additional 7.5% of base pay over Line
Captains.
2. The Paramedic classification shall be maintained for current unit members
as of January 1, 2016. The salary range for Paramedic will remain set at
22.25% above Firefighter (top step to top step).
Effective upon adoption of this 2015-18 MOU, the City shall establish
Paramedic Premium pay in lieu of the Paramedic classification for
employees in the classification of Firefighter hired after January 1, 2016
who are serving as Paramedics. The Paramedic Premium shall be set at
17.25% above the employee's base salary as a Firefighter and will be
reported to PERS as compensation earnable.
Firefighter- Special Step Increase
Firefighters who successfully complete the Department Engineer Certification
program within twelve (12) months of passing probation will be granted a
salary step increase.
Probationary Firefighter Training Step
Effective January 1, 2016, the City shall establish an entry level Firefighter
Training Step (Step IT") that is set 5% below current Firefighter Step 1.
Probationary Firefighters will be placed at the Training Step upon initial
appointment. Upon completion of the NB Fire Recruit Academy, employees
will be eligible to advance to Firefighter Step 1. Probationary employees will
be eligible for advancement to Step 2 following 12 months from date of initial
appointment and upon documented successful performance.
Notwithstanding advancement to Step 2, the probationary period for a new
Firefighter will be 18 months.
7 NBFA MOU 2015-2018
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E. Overtime — Hours Worked
1. FLSA Overtime shall consist of authorized hours actually worked in excess
of 91 hours in a 12 day work period as previously established by the City
and as permitted by the United States Department of Labor regulations
pursuant to the FLSA 7(k) exemption. Use of Flex Leave, Vacation Leave,
Holiday Leave, and Sick Leave shall not be considered as hours worked
for the purposes of determining eligibility for FLSA Overtime.
Contract Overtime shall consist of authorized work in excess of a unit
member's normal number of work hours in any scheduled work shift, and
shall be paid one -and -one-half times the employee's regular rate of pay.
Use of Flex Leave shall be considered as hours worked for the purposes
of determining eligibility for Contract Overtime pay. Leave Without Pay
shall not be considered as hours worked for determining Contract Overtime
eligibility.
Effective January 1, 2017, Contract Overtime shall be calculated based on
the employee's regular rate of pay, less 7%.
Effective upon approval of this Amended Memorandum of Understanding
by the City Council, the rate at which Contract Overtime is calculated shall
not include the City's Cafeteria Plan Allowance, the opt -out Cafeteria Plan
Allowance, or any cash back an employee may receive from the Cafeteria
Plan Allowance by choosing benefits which cost less than the Allowance.
2. Temporary vacancies in line positions shall be selected in accordance with
Department S.O.P.
3. Qualified employees wishing to work voluntary overtime in a class lower
than their current class (downgrade) may volunteer to do so and shall be
compensated at one and one-half times the highest hourly rate for the
position as published in the City's compensation plan. Said employees
shall be selected according to the provisions set forth in the Department's
Standard Operating Procedures related to staffing and overtime. This
provision applies only to persons wishing to downgrade to the position of
Firefighter, Fire Engineer or Paramedic.
4. Personnel assigned to staff assignments may request compensatory time
off in lieu of paid overtime with the approval of the Department.
Compensatory time may be granted, subject to maximum accrual of eighty
(80) hours, and subject to Department consideration of the impact of said
CTO use on overtime liability and other efficiency requirements of the
Department.
8 NBFA MOU 2015-2018
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F. Reauired Uniform
City shall pay the entire cost of providing NBFA member with each component
of the required NBFD uniform. The required NBFD uniform includes safety
shoes, badges and insignias, uniform pants, uniform shirts, uniform jackets
and liner, belts, work out shirts, work out trunks, sweatshirt, , and baseball cap.
City shall not be responsible for providing employee with socks, underwear, or
workout shoes, or other clothing.
The City will provide each fire suppression member with a set of front-line
turnout gear and an adequate number of reserve turnouts at each station to
allow for proper turnout cleaning/decontamination. Reserve turnouts may be
personally issued to each member at the Fire Chief's discretion. This
equipment will be used to temporarily replace an employee's personal turnout
equipment that cannot be placed in service because they are wet,
contaminated, or aged.
As permissible by law and subject to the provisions and limitations under the
Public Employees Retirement Law, the City shall report as pensionable
compensation the value of provided uniforms at $1,519 annually in accordance
with PERS requirements. The parties agree the reported value of uniforms is
intended to reflect clothing such as pants, shirts, jackets, and related attire and
excludes health and safety related equipment, including safety boots and
turnout gear.
This provision shall not apply to employees who are "new members" as defined
in Government Code Section 7522.04 (f).
G. Scholastic/Certificate Achievement Pay
Unit members are entitled to additional compensation contingent upon
scholastic achievement ("Scholastic/Certificate Achievement Pay"). Unit
members may apply for increases pursuant to this Section when eligible and
scholastic and/or certificate achievement pay shall be included in the
member's paycheck for the pay period immediately after approval by the Fire
Chief. It is the responsibility of the unit member to apply for Scholastic and/or
Certificate Achievement Pay. Approval of the unit member's application shall
not be unreasonably withheld or delayed, and the member shall not be entitled
to receive scholastic and/or certificate achievement pay prior to the date the
application is approved even though the member may have been eligible prior
to approval.
For employees hired before May 22, 2012, scholastic and/or Certificate
achievement pay is contingent upon number of units and/or degrees received
by the employee. Unit members hired on and after May 22, 2012 shall be
ineligible for any scholastic pay based upon having obtained units only.
Qualifying units and/or degrees must be awarded by accredited community
9 NBFA MOU 2015-2018
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z
colleges, state colleges or universities. A "degree" shall be awarded by an
institution accredited by the State of California, the United States Department
of Education, the Council for Higher Education, or the Distance Education
Training Council. Unit members shall receive scholastic and/or certificate
achievement pay in accordance with the following:
1. Scholastic Pay
College
Semester/Unit:
30
60
90
90
120
A.A./A.S.
B.A./B.S.
2. Certificate Pay
% of Actual Step in
Job Class Range:
1.5%/month
2.5%/month
3.5%/month
3.5%/month
4.5%/month
3.5%/month
5.5%/month
Successful completion of coursework for Fire Officer, Company Officer, Fire
Prevention Officer II, or Fire Inspector II shall entitle the member to 3%/month
in Certificate Pay.
Special Assignment Pay
The following additional payments shall be made to certain Unit members
based on assignment:
1. Individuals properly trained and assigned by the Department to perform
special assignments shall be compensated as follows:
Maximum Compensation
Assignment Number* (% of base pay)
Shift Fire Investigator 6 5%
Radio/MDC 1 5%
SCBA 3 2%
Map/Preplan 1 2%
Special assignment compensation shall cease when individuals are no
longer performing the assignment.
*Subject to modification by the department.
10
NBFA MOU 2015-2018
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2. Prior to establishing an Urban Search and Rescue Team, the City will
give notice to and, upon request, meet and confer with the Association
on those aspects of the program which fall within the scope of
representation.
3. Temporary Special Assignment Pay
Temporary Special Assignment pay will be at the rate of the special
assignment. The types and duration of these temporary assignments
will remain a management prerogative.
Committee participation such as Safety Committee, and work on
various projects such as Public Safety Day and the CERT Program are
excluded from consideration under this Agreement.
Temporary Upgrading of Employ
1. Move up Assignment
A move up assignment shall be defined as the temporary assignment
of an employee to work in a job classification which is higher than his
or her current classification. A move up employee need not meet the
minimum requirements for the position to which they are moved up to.
Employees who do meet the minimum requirements for the position
shall be deemed "Acting Appointments" after their 6th consecutive shift.
If the employee is moved -up for five (5) hours or more, the move -up
compensation shall be computed as follows:
Firefighter to Engineer
Regular rate +5%
Firefighter to Paramedic
Regular rate +22.25%
Firefighter to Captain
Regular rate +5%
Engineer to Paramedic
Regular rate +9.75%
Engineer to Captain
Regular rate +5%
Paramedic to Captain
Regular rate +5%
Captain to Battalion Chief
Regular rate +9.5%
All leave time shall be paid at the employee's regular rate of pay. Time
accumulated working in a move up position shall -not be applied towards
the probationary period or count as "time in rank" for the purpose of
seniority.
A move up employee who completes the minimum requirements for the
position while working in the move -up classification shall be deemed an
"Acting Appointment" effective the date the minimum qualification is
met.
11 NBFA MOU 2015-2018
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The following positions shall be considered for move -up assignments:
Fire Battalion Chief
Fire Captain
Fire Paramedic
Fire Engineer
Assignment to the move up position shall be made at the sole discretion
of the Fire Chief and are limited to a maximum time period of 360 days.
2. Acting Appointments
The formal and expressed assignment of an employee to perform the
significant duties and responsibilities of a higher classification for more
than six (6) consecutive shifts shall be deemed an acting appointment.
All acting appointees must satisfy the minimum requirements for the
position to which they are appointed.
Acting employees shall be compensated the beginning of the pay
period following the sixth consecutive shift in the salary range of his/her
acting classification at a rate that is at least five (5%) percent higher
than their current rate. All holiday, vacation, sick leave and paid leave
shall be paid at the employee's new rate of pay.
In the event the acting employee is subsequently appointed to the
higher classification, the time accumulated while acting in the higher
classification shall be applied towards the probationary period and
count as "time in rank" for the purpose of seniority.
If an acting employee is returned to his/her former classification for
more than six (6) months, he/she will not be credited with the time
accumulated in the acting position for the purposes of probation or as
"time in rank" for the purpose of seniority.
Acting appointments shall be made at the sole discretion of the Fire
Chief and are limited to a maximum time period of 180 days.
3. Tiller Assignment
Employees temporarily upgraded to Tiller shall receive a five (5%) pay
differential over their regular rate of pay for all time worked in this job
classification if they are assigned to work in this job classification for a
period of four (4) working hours or longer.
12 NBFA MOU 2015-2018
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J. Paramedic Traini
Following adoption of this 2015-18 MOU, the City will establish a competitive
process for which up to a maximum of four (4) current Firefighters as of
January 1, 2016, will be selected, based on the operational needs of the Fire
Department, to attend Paramedic school during the term of the MOU. Selected
employees will be compensated at their normal rate of pay while attending
school and during any clinical training. Following completion of school and
clinical training, during the on-the-job training period employees shall receive
5% assignment pay. Following all training, employees will return to their
normal rate of pay until such time as they are selected for Paramedic
assignment. This section shall terminate upon the expiration of this MOU.
Assignment to Paramedic School shall not be construed as assignment to
position for the purposes of probation.
K. Y -Rating
Employees who are reclassified to a position with a lower maximum salary
shall be Y -rated. Y -rating shall refer to a pay rate outside of the assigned
salary range of the employee.
If the salary of the employee is greater than the maximum of the new range,
the salary of the employee shall be designated as a Y -rate and shall not
change during continuous regular service until the maximum of the new range
exceeds the salary of the employee.
If the salary of the employee is the same or less than the maximum of the new
class, the salary and merit increase eligibility date of the employee shall not
change.
L. Shift Holdover
Unit members who are held over at the conclusion of any shift shall be
compensated at the rate of one hour for each hour, or portion thereof, the
employee worked beyond the end of the shift. Any member held over after
shift shall be compensated at time and a half for all time worked during the
work period in excess of the maximum permitted under the provisions of
Section 29 USC 207(k).
M. Emergency Recall
If an employee who is not on stand-by or shift hold -over and is required to
return to work during his/her off-duty hours for actual firefighting, or similar
emergency designated by the Fire Chief, the employee shall receive a
minimum of four (4) hours compensation for the first hour worked and
compensation for time worked thereafter.
13 NBFA MOU 2015-2018
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N. Bilingual Pay
Employees certified as bilingual (Spanish) shall be eligible to receive One
Hundred Fifty ($150.00) Dollars per month in bilingual pay. The certification
process will confirm that employees are fluent at the street conversational level
in speaking, reading and writing Spanish. Employees certified shall receive
bilingual pay the first full pay period following certification.
Additional languages may be certified for compensation pursuant to this
section by the Fire Chief.
O. Court Standby Pay
Unit members who, pursuant to subpoena compelling attendance to testify to
acts, observations, or omissions occurring in the course and scope of
employment or at the direction of their supervisor, are required, while off—duty,
to remain within a certain response time from court, shall be considered to be
on "court standby time" and shall receive four (4) hours of pay for each eight
hours of court standby time. Unit members shall, when required to appear in
court pursuant to a Subpoena or the direction of their supervisor to testify at to
matters relating to their employment with the City, be considered to be on duty
and shall be paid accordingly. Members shall remit all witness fees received
for testifying or appearing on any matter for which the member is eligible to
receive court standby time.
P. Longevity Pay
Years of Service Longevity Pay
16 but less than 20 1.5%
20 but less than 25 2.5%
25 and over 3.5%
SECTION 3 - LEAVES
A. Flex Leave
Unit members shall accrue flex leave as follows. It is mutually
understood that accrual rates have been modified to provide for the
longevity increase set forth below.
14 NBFA MOU 2015-2018
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i::
Leave Accrual
Years of Srvc Hrs/Pay Period
Line Employees:
1 but less than 5 9.77
5 but less than 9 10.69
9 but less than 12 11.62
12 and over 12.54
Staff and Non -Safety Employees:
1 but less than 5 6.97
5 but less than 9 7.63
9 but less than 12 8.33
12 and over 8.95
Longevity increases specified above shall be reported to PERS as
special compensation and shall be regarded as compensation earnable
as defined in Government Code §20636(c)(1) for purposes of
computing retirement benefits and contributions.
The Flex leave program shall be administered as follows:
a. Unit members shall not accrue Flex leave until continuously
employed by the Newport Beach Fire Department for a period of
three (3) months, provided however, if a member on the Flex
leave program becomes sick during the first three (3) months of
employment, the City will advance up to six (6) pay periods of
accrued leave time for use by the member to recover from
illness.
In the event the City advances paid leave time and the employee
is terminated or resigns before completing three months of
continuous employment, the member's final check shall be
reduced by an amount equal to the number of Flex leave hours
advanced multiplied by the member's hourly rate of pay.
b. Members employed by the City prior to initiation of the Flex leave
program have had the current accrued vacation time converted
to Flex leave on an hour for hour basis with the current sick leave
placed in a bank to be used as provided in the Employee Policy
Manual. Members entitled to use sick leave pursuant to Section
the Employee Policy Manual and who are absent due to illness
shall have their sick leave bank reduced by the duration of the
absence unless the member notifies appropriate department
15 NBFA MOU 2015-2018
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personnel that the absence should be charged to the member's
flex leave account.
C. Members shall be entitled to accrue Flex leave up to a maximum
of fifty-two (52) times the member's bi-weekly accrual rate.
Earned Flex leave in excess of the maximum permitted is
currently paid bi-weekly at the member's hourly rate of pay.
Effective July 1, 2012, earned leave in excess of the maximum
permitted was deposited in the members "spillover bank".
Effective January 1, 2016 spillover shall be eliminated and unit
members shall not be permitted to accrue Flex leave in excess
of the maximum permitted, unless the employee is unable to use
leave benefits because of an industrial disability, hardship or
extraordinary circumstances.
d. All requests for scheduled Flex leave shall be submitted to
appropriate department personnel. In no event shall a member
take or request Flex leave in excess of the amount accrued.
e. Flex leave may be taken in four (4) hour increments.
f. Members shall be paid for all accrued Flex leave at their then
current hourly rate of pay (hourly rate before incentives, other
pays, etc.) upon termination of the employment relationship
except as provided by Section 3(J).
g. Spillover Bank/Spillover Hours
Effective July 1, 2012, all hours then accrued above the new
accrual cap (52x the bi-weekly accrual rate) were deposited in a
newly -created Spillover Bank and became Spillover Hours. Flex
leave hours that had been used by the employee between July
1, 2012 and December 31, 2012 were drawn from the Spillover
Bank, to the extent the unit member had adequate Spillover
Hours.
Effective January 1, 2013, all remaining Spillover Hours and all
hours turned in for cash conversion were deposited into the
member's MERP account. From January 2, 2013 forward, hours
held in the Spillover Bank were not subject to use by the
employee and were converted, at the member's regular hourly
rate, and deposited into the member's MERP account on an
annual basis.
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B. Telestaff System
The City has implemented "Telestaff" which phased out the Vacation Selection
System (VSS). The City commits to maintain Telestaff subject to budgetary
constraints outlined in this Section. The City shall, for each fiscal year during
the term of this MOU, adopt a budget which provides for the payment of
overtime specifically for the purpose of implementing Telestaff. The amount
to be budgeted shall be calculated by computing the Vacation/Flex
leave/Holiday time (leave) normally accrued by each member during a fiscal
year (total annual leave) multiplying total annual leave, by that member's
overtime rate of pay (value of leave) and then adding the value of leave for
each NBFA member. Each member's overtime rate of pay shall be calculated
on the basis of the member's highest anticipated rate of pay during the
upcoming fiscal year. The total "value of leave" for all members shall be
identified in the budget as the "LEAVE COVERAGE FUND." Notwithstanding,
any other provision of this MOU, the Fire Chief shall have the sole discretion
to take whatever action may be necessary to reduce overtime payments,
including the temporary reduction of staffing levels or personnel, in the event
payments for overtime out of the LEAVE COVERAGE FUND exceed 25% of
the fund during the first three months of the fiscal year, 50% of the fund during
the first six months of the fiscal year, or 75% of the fund during the first nine
months of the fiscal year.
C. Vacation/Sick Leave
Due to the conversion of employees to the Flex leave program, former
Vacation and Sick leave accrual provisions are hereby removed and shall be
referenced exclusively in prior MOUs.
D. Holiday Time
Line Employees
The provisions of this subsection shall apply only to Unit members who
are line employees during all or a portion of any calendar year and, as
to those members who are line employees for only a portion of the year,
the provisions of this subsection shall be applicable on a pro—rata basis.
Unit members who are line employees shall accrue holiday time at the
rate of 5.54 hours per pay period. Holiday time shall be added to the
member's Flex leave Account on a bi—weekly basis.
Effective October 1, 1996, all Line employees were provided a one-time
opportunity to elect to convert all or any portion of their annual holiday
benefits to cash on an annual basis. This election shall be uniform from
year to year. For example, an employee electing to convert 108 of the
144 annual benefits to cash must so convert 108 hours of earned
holiday benefits each year thereafter. The election to change holiday
17 NBFA MOU 2015-2018
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time to pay shall be in twelve (12) hour increments. Holiday pay will be
paid bi-weekly with the regular check. Holiday leave conversion pay
will not count in the total compensation formula used to adjust salaries
and benefits.
This holiday compensation shall be reported to PERS as special
compensation and shall be regarded as compensation earnable as
defined in Government Code Sec. 20636 (c) (6) for purposes of
computing retirement benefits and contributions.
Note: Newly hired employees shall be given a one-time option, within
60 days of employment, to elect to receive up to one-half of accrued
holiday time as time off in lieu of cash payment.
2. Staff Employees
Staff employees shall receive the following fully paid holidays:
New Years' Day, Martin Luther King Birthday, Presidents Day,
Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day and the day after Thanksgiving, one—half day on
Christmas Eve, Christmas, and one—half day on New Year's Eve. In
addition, Staff employees will be entitled to one floating holiday at the
member's election.
Staff employees shall have the one-time option of accruing holiday time
as pay. Staff employees may be required to take specified City holidays
off at the sole discretion of the Fire Chief. Time will be charged against
the employee's Flex leave bank. Holiday time provided as pay for
employees who are not normally required to work on an approved
holiday because they do not work in positions that require scheduled
staffing without regard to holidays, shall not be reported as special
compensation under California Code of Regulations 571(a)(5).
3. Holiday Time Election
Effective following adoption of the 2015-18 MOU, or as soon thereafter
is practicable, all then current unit members will be provided a one-time
opportunity to change all or a portion of their future annual holiday
benefits to pay or time off. The City will provide a 28 -day window (2 pay
periods) for employees to make the new election. Once selected, the
election shall be uniform from year to year. All other elements of the
election shall be as provided in D(1) and D(2) above.
E. Bereavement Leave
Bereavement leave shall be defined as the necessary absence from duty by
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an employee having a regular or probationary appointment because of a death
or terminal illness in his/her immediate family. Staff and non -safety employees
shall be entitled to forty (40) hours of Bereavement Leave per calendar year
per event while Line Employees shall be entitled to ninety (90) hours of
Bereavement Leave (terminal illness followed by death is considered one
incident). Leave hours need not be used consecutively, but should occur in
proximate time to the occurrence. Bereavement leave shall be administered in
accordance with the provisions of the Employee Policy Manual. For the
purpose of this section immediate family shall mean an employee's father,
mother, stepfather, stepmother, brother, sister, spouse/domestic partner,
child, stepchild and grandparents, and the employee's spouse/domestic
partner's mother, father, brother, sister, child and grandparent. The provisions
of this Section shall not diminish or reduce any rights a member may have
pursuant to applicable provisions of State or Federal law. An employee
requesting bereavement leave shall notify his/her supervisor as soon as
possible of the need to take leave.
F. Catastrophic Leave
Unit members may participate in the City's Catastrophic Leave Program.
G. Jury Duty
Unit members who are assigned to line positions and are called to jury duty
shall be excused for each twenty-four (24) hour shift during which the member
is required to attend court and sit on a jury or await assignment.
H. Flex Leave Premium Pay Account
Unit members shall have the right to receive pay, at the rate of 100% of their
then current base salary, for any Flex Leave banked, up to a maximum of fifty-
two (52) times their bi—weekly Flex Leave accrual rate as of June 30, 1994
(Flex Leave Premium Pay Account). The Flex Leave Premium Pay Account
balance shall be shown on each member's regular pay stub. The Flex Leave
Premium Pay Account shall be reduced in accordance with member
purchases. Each member shall, upon termination, resignation, retirement or
other separation from service, receive terminal pay at the rate of 100% of their
then current base salary for all accrued Flex Leave to the full extent of the
remaining balance in the Flex Leave Premium Pay Account with any remaining
Flex Leave paid at the then current base salary. The provisions of this section
shall apply only to members employed by the City of Newport Beach on or
before June 30, 1994.
Worker's Compensation Leave
Any Safety unit member who has been incapacitated by reason of any injury
or illness which has been determined to have arisen out of or in the course of
19 NBFA MOU 2015-2018
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his or her employment shall receive compensation in accordance with the
provisions of Section 4850 et. seq. of the Labor Code of the State of California.
J. Scheduling of Medical Treatment for Industrial Injuries
Time spent by an employee receiving medical attention during the employee's
normal working hours is considered hours worked and compensable, when
the City or its representative schedules the appointment.
When an employee is temporarily disabled due to an industrial injury, and is
unable to perform even limited duty in the workplace, all appointments,
whether arranged by the City or the employees, shall be considered as
occurring during normal working hours. The employee shall not be entitled to
any additional compensation, regardless of the employee's regular work
schedule or the type of compensation currently received, except as otherwise
required by law.
When an employee has been released to either full or limited duty and has
returned to the workplace, time spent receiving ongoing medical treatment,
such as physical therapy or follow-up visits that are not scheduled by the City,
is not considered hours worked and therefore, is not compensable. To avoid
disruption in the workplace, an employee shall schedule such appointments to
occur during off duty hours whenever possible. In the event such scheduling
is not available, employee may be allowed to attend an appointment during
their regularly scheduled duty shift with prior supervisory approval. Regular
recurring appointments (i.e., weekly physical therapy) must be scheduled off
duty.
K. Reassignment
In the event a line employee is reassigned to a staff position, or a staff
employee is reassigned to a line position, the City shall automatically convert
the Flex Leave, Bereavement Leave and other benefits from the position
previously held to the newly assigned position provided, however, upon
reassignment a line employee shall be entitled to either receive pay for
accrued holiday time or add accrued holiday time to the member's Flex Leave
account. The ratio for conversion of staff employee benefits to line employee
benefit shall be 7/5 and the ratio for converting line employee benefits to staff
employee benefits shall be 5/7.
20 NBFA MOU 2015-2018
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SECTION 4 — FRINGE BENEFITS
A. Insurance
Benefits Information Committee
City has established a Benefits Information Committee (BIC) composed
of one representative from each employee association group and up to
three City representatives. The Benefits Information Committee has
been established to allow the City to present data regarding carrier and
coverage options, the cost of those options, appropriate coverage
levels and other health programs. The purpose of the BIC is to provide
each employee group with information about health
insurance/programs and to receive timely input from associations
regarding preferred coverage options and levels of coverage.
2. Medical Insurance
The City has implemented an IRS qualified Cafeteria Plan. In addition
to the amounts listed below, the City shall contribute the minimum
CalPERS participating employer's contribution towards medical
insurance. Employees shall have the option of allocating Cafeteria Plan
contributions towards the City's existing medical, dental and vision
insurance/programs. The City and the Newport Firefighter Association
will cooperate in pursuing additional optional benefits to be available
through the Cafeteria Plan.
Any unused Cafeteria Plan funds shall be payable to the employee as
taxable cash back. Employees shall be allowed to change coverages
in accordance with plan rules and during regular open enrollment
periods.
The parties recognize that from January 1, 2015 through December 31,
2015, the City has contributed $1,274 per month (plus the PERS
minimum contribution) toward the Cafeteria Plan.
Effective the pay issue that includes:
January 1, 2016, the City's contribution towards the Cafeteria Plan will
increase by $150.00 to $1,424 per month (plus the minimum CalPERS
participating employer's contribution).
January 1, 2017, the City's contribution towards the Cafeteria Plan will
increase by $200.00, to $1,624.00 (plus the minimum CalPERS
participating employee's contribution).
21 NBFA MOU 2015-2018
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On or after July 1, 2017, at the request of either party, the parties shall
meet and confer in good faith to discuss possible changes to the
medical benefit program, or other elements of healthcare services as a
result of the Affordable Healthcare Act (ACA) or changes in law,
provided, however, that any changes to the MOU only may occur by
mutual agreement of the parties.
Unit members who do not want to enroll in any medical plan offered by
the City must provide evidence of group medical insurance coverage,
and execute an opt -out agreement releasing the City from any
responsibility or liability to provide medical insurance coverage on an
annual basis.
Current employees electing to opt -out of City provided medical
coverage will be eligible to receive a maximum Cafeteria Allowance of
$1,149 per month. Effective the first pay issue in January 2016, the
opt -out Cafeteria Allowance will be $1,000 per month.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of
the City's health plan offerings as agreed upon by the Benefits
Information Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part of
the City's health plan offerings as agreed upon by the Benefits
Information Committee.
5. Changes in Insurance Carriers and Coverages
There shall be no change in Insurance carriers or coverages during the
term of this agreement unless the City has given prior notice to the
Association and, upon request, met and conferred.
B. Additional Health Insurance/Programs
1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to
reduce taxable income for payment of allowable expenses such as child
care and medical expenses. The City shall maintain a "reimbursable
account program" in accordance with the provisions of Section 125 of
the Internal Revenue Code, pursuant to which an Association member
may request that medical, child care and other eligible expenses be
paid or reimbursed by the City out of the employee's account. The base
22 NBFA MOU 2015-2018
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C
9
salary of the employee will be reduced by the amount designated by
the employee for reimbursable expenses.
2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD) disability
insurance to all regular full time employees with the following
provisions:
Weekly Benefit
Maximum Benefit
Minimum Benefit
Waiting Period
66.67% gross weekly wages
$10,000/month
$15 (STD) and $100 (LTD)
30 Calendar Days (STD)
180 Calendar Days (LTD)
Employees shall not be required to exhaust accrued paid leaves prior
to receiving benefits under the disability insurance program.
Employees may not supplement the disability benefit with paid leave
once the waiting period has been exhausted.
Concurrent with the commencement of this program, employees
assumed responsibility for the payment of the disability insurance cost
in the amount of one (1.0%) percent of base salary. Simultaneously,
the City increased base wages by one (1.0%) percent.
3. Life Insurance
The City shall provide life insurance for all regular full-time employees
in $1,000 increments equal to one times the employee's annual salary
up to a maximum of $50,000. At age 70 the City -paid life insurance is
reduced by 50% of the pre -70 amount. This amount remains in effect
until the employee retires from City employment.
Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a properly
licensed provider. Association members and their family members may
access the EAP subject to provider guidelines.
PERS Retirement Benefit
Retirement Formula
23
NBFA MOU 2015-2018
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The City contracts with the California Public Employees Retirement
System ("CaIPERS" or "PERS") to provide retirement benefits for its
employees. Pursuant to prior agreements and state mandated reform,
the City has implemented first, second and third tier retirement benefits
as follows:
Tier I ("Legacy"): For employees hired by the City on or before
November 23, 2012, the retirement formula for safety members shall be
3%@50 and the retirement formula for non -safety members shall be
2.5%@ 55, calculated on the basis of the highest consecutive 12 month
period selected by the employee.
Tier II ("Classic"): For employees first hired by the City between
November 24 and December 31, 2012, or hired on or after January 1,
2013 and who are not new members as defined in Government Code
Section 7522.04(f), the retirement formula for safety members shall be
2%@50 and the retirement formula for non -safety members shall be
2%@60, calculated on the basis of the highest consecutive 36 month
period selected by the employee.
Tier III ("PEPRA"): For employees first hired by the City on or after
January 1, 2013, who are new members, the safety retirement formula
shall be 2.7%@57 and the non -safety retirement formula shall be
2.0%@62, calculated on the basis of the highest consecutive 36 month
period selected by the employee.
2. Employee Contributions
Unit members shall contribute amounts toward the PERS retirement
benefit, to the extent permissible by law, as set forth below. Should any
such provision be deemed invalid, the City and Association agree to
meet for the purpose of renegotiating employee retirement contributions
or other equivalent economic adjustments.
Employee retirement contributions that are in addition to the normal
PERS Member Contribution shall be made in accordance with
Government Code §20516(f) and calculated on base pay, special pays,
and other pays normally reported as pensionable compensation, and
will be made on a pre-tax basis through payroll deduction, to the extent
allowable by the Internal Revenue Code.
a. Safety
Tiers I and II:
24 NBFA MOU 2015-2018
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Effective the pay period that includes July 1, 2015, Tier I and II
members shall contribute the full statutory member contribution,
equal to 9% of pensionable compensation, plus an additional
.75% of pensionable compensation of the Employer rate for a
total contribution of 9.75% of pensionable compensation.
Effective the pay period that includes January 1, 2016, Tier I and
II members will contribute the full statutory member contribution
equal to 9% of pensionable compensation, plus an additional
1.5% of pensionable compensation of the Employer rate for a
total contribution of 10.5% of pensionable compensation
Effective the pay period that includes January 1, 2017, Tier I and
II members will contribute the full statutory member contribution
equal to 9% of pensionable compensation, plus an additional
2.25% of pensionable compensation of the Employer rate for a
total contribution of 11.25% of pensionable compensation
Effective the pay period that includes January 1, 2018, Tier I and
II members will contribute the full statutory member contribution
equal to 9% of pensionable compensation, plus an additional
3.0% of pensionable compensation of the Employer rate for a
total contribution of 12.0% of pensionable compensation
Tier III:
The normal member contribution rate for Tier I II members is 50%
of the total normal cost and is calculated annually for possible
adjustments as provided in the PERS valuations. For FY15-16
and FY16-17, the member contribution is 11.25% and 10.5% of
pensionable compensation respectively.
Effective the pay period that includes January 1, 2017, Tier III
members will contribute the full statutory member contribution
equal to 10.5% of pensionable compensation, plus an additional
.75% of pensionable compensation of the Employer rate for a
total contribution of 11.25% of pensionable compensation.
Effective the pay period that includes January 1, 2018, Tier III unit
members will contribute the full statutory member contribution,
plus an additional percentage of pensionable compensation of
the Employer rate to achieve a total contribution of 12.0% of
pensionable compensation
b. Non Safety
25 NBFA MOU 2015-2018
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The parties recognize that from January 1, 2015 through June 30,
2015, NBFA non -safety members have been paying, in addition
to the member contribution, a portion of the Employer rate under
a Government Code Section 20516(a) cost sharing agreement for
employees in Tier I, and a Government Code Section 20516(f)
cost sharing agreement for employees in all Tiers. The normal
member rate and the cost sharing rate vary by Tier. However, the
combined contribution rate for each Tier equals 10.9% of
pensionable compensation, as provided in a prior agreement.
Tier I:
Effective the pay period including July 1, 2015, employees shall
contribute an additional .75% of pensionable compensation for a
total employee contribution of 11.65% of pensionable
compensation.
Effective the pay period including January 1, 2016, employees
shall contribute an additional .70% of pensionable compensation,
for a total employee contribution of 12.35% of pensionable
compensation, broken down as follows: 8.0% of pensionable
compensation of the required member contribution and 2.42%
and 1.93% of pensionable compensation of cost sharing under
Government Code Sections 20516(a) and 20516(f) respectively.
Effective the pay period including January 1, 2017, employees
shall contribute an additional .65% of pensionable compensation
for a total employee contribution of 13.0% of pensionable
compensation, broken down as follows: 8.0% of pensionable
compensation of the required member contribution and 2.42%
and 2.58% of pensionable compensation as cost sharing under
Government Code Sections 20516(a) and 20516(f) respectively.
Tiers II and III:
Effective the pay period including July 1, 2015, employees in
Tiers II and III shall contribute an additional .75% of pensionable
compensation, above the 10.9% in prior agreement, for a total
employee contribution of 11.65% of pensionable compensation.
Effective the pay period including January 1, 2016, employees in
Tiers II and III shall contribute an additional .70% of pensionable
compensation, for a total employee contribution of 12.35% of
pensionable compensation.
Effective the pay period including January 1, 2017, employees in
Tiers II and III shall contribute an additional .65% of pensionable
26 NBFA MOU 2015-2018
11-71
compensation for a total employee contribution of 13.0% of
pensionable compensation.
c. The City's contract with PERS shall also provide for:
The military buy-back provisions pursuant to Section 20930.3 of
the California Government Code and the highest year benefit
pursuant to Section 20042.
• The Level 4 1959 Survivors Benefits.
• The PERS pre -retirement option settlement 2 death benefit
(Section 21548) for miscellaneous and safety members.
4. Payment by any individual member's normal employee PERS
contributions or amounts contributed pursuant to 20516 (a) or (f) shall
not be reported to PERS as special compensation.
E. Defined Contribution Plan
In 2013 the City established a Defined Contribution Plan for safety unit
members enrolled in the 2% at 50 or 2.7% @ 57 retirement formulae (Tiers II
and III)., Such employees are eligible to participate in a Defined Contribution
plan (Plan), administered by the City or its designee in accordance with said
regulatory agency regulations and laws. The Plan shall continue to be funded
by allowing each affected employee to contribute any amount (unless
statutorily capped or capped by the Plan) of base salary each payroll period.
The City shall match any such employee contribution up to 1.5% of base
salary per year. The employee -only contributions shall be deemed fully
vested at the time of its deposit. The employer -only matching contribution
shall vest upon a PERS retirement being implemented as follows: 100% - age
55+; 80% - age 54; 60% - age 53, 40% - age 52; 20% - age 51. ("Age" at time
of retirement being effective.) In the event that a participant in the Plan has a
medical retirement earlier than the vesting above, he or she shall be deemed
100% vested upon the date of the medical retirement.
F. Retiree Medical Benefit
Background
In 2005, the City and all Employee Associations agreed to replace the
previous "defined benefit" retiree medical program with a new "defined
contribution" program. The process of fully converting to the new
program will be ongoing for an extended period. During the transition,
employees and (then) existing retirees have been administratively
classified into one of four categories. The benefit is structured
differently for each of the categories. The categories are as follows:
27 NBFA MOU 2015-2018
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a. Category 1 - Employees newly hired after January 1, 2005.
b. Category 2 - Active employees hired prior to January 1, 2006,
whose age plus years of service as of January 1, 2005 was less
than 50 (46 for public safety employees).
C. Category 3 - Active employees hired prior to January 1, 2006,
whose age plus years of service was 50 or greater (46 for public
safety employees) as of January 1, 2005.
d. Category 4 - Employees who had already retired from the City
prior to January 1, 2006, and were participating in the previous
retiree medical program.
2. Program Structure
This is an Integral Part Trust (IPT) Retirement Health Savings Plan
(RHS, formerly the Medical Expense Reimbursement Program Plan,
i.e.: MERP).
a. For employees in Category 1, the program is structured as
follows:
Each employee will have an individual RHS account for bookkeeping
purposes, called his or her "Employee Account." This account will
accumulate contributions to be used for health care expense after
separation. All contributions to the plan are either mandatory employee
contributions or City paid employer contributions, so they are not
taxable to employees at the time of deposit. Earnings from investment
of funds in the account are not taxable when posted to the account.
Benefit payments are not taxable when withdrawn, because the plan
requires that all distributions be spent for specified health care
purposes.
Contributions will be in three parts.
Part A contributions (mandatory employee contributions): 1 % of Salary.
Part B contributions (employer contributions): $2.50 per month for each
year of service plus year of age (updated every January 1st based on
status as of December 31 st of the prior year).
Part C contributions (leave settlement as determined by Association):
The Association will determine the level of contribution for all
employees it represents, subject to the following constraints. All
28 NBFA MOU 2015-2018
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employees within the Association must participate at the same level,
except that Safety members and Non -safety members within an
Association may have different levels. The participation level should be
specified as a percentage of the leave balance on hand in each
employee's leave bank at the time of separation from the City.
For example, if the Association wishes to specify 50% of the leave
balance as the participation level, then each member leaving the City,
or cashing out leave at any other time, would have the cash equivalent
of 50% of the amount that is cashed out added to the RHS, on a pre-
tax basis. The remaining 50% would be paid in cash as taxable income.
Individual employees would not have the option to deviate from this
breakout.
The Association has decided to participate in Part C contributions at the
level of zero percent (0%) Flex. This amount may be changed, on a go
forward basis, as part of a future meet and confer process. However,
the participation level must be the same for all employees within the
Association except that Safety members and Non -safety members
within an Association may have different levels. Additionally, the
purpose and focus of these changes should be toward long-term, trend
type adjustments. Due to IRS restrictions regarding "constructive
receipt," the City will impose restrictions against frequent spikes or
drops that appear to be tailored toward satisfying the desires of a group
of imminent retirees.
Nothing in this section restricts taking leave for time off purposes.
Sick leave balances may also be included in the RHS Part C
contributions, but only to the extent and within all the numeric
parameters specified in the Employee Policy Manual. Section 11.21 of
the Manual contains a schedule, which specifies the amount of sick
leave that can be "cashed out," based on time of service. The manual
also caps the number of hours that can be "cashed out" at 800, and
specifies that sick leave hours are "cashed out" on a 2 for 1 basis (800
hours of sick leave are converted to 400 hours for cash purposes). Sick
leave participation is a separate item from vacation/flex leave
participation, and thresholds must be separately identified by the
Association.
Part A contributions may be included in PERS compensation. Part B
and Part C contributions will not be included in PERS compensation.
Part A contributions begin upon enrollment in the program and are
credited to each RHS Employee Account each pay period. Eligibility for
Part B contributions is set at five years of vested City employment. At
that time, the City will credit the first five years' worth of Part B
29 NBFA MOU 2015-2018
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contributions into the Employee Account (interest does not accrue
during that period). Thereafter, contributions are made bi-weekly. Part
C deposits, if any, will be made at the time of employment separation.
Each Employee has a right to reimbursement of medical expenses (as
defined below) from the Plan until the Employee Account balance is
zero. This right is triggered upon separation. If an employee leaves
the City prior to five years employment, only the Part A contributions
and Part C leave settlement contributions, if any, will be in the RHS
Employee Account. Such an employee will not be entitled to any Part
B contributions. The exception to this is a full-time employee,
participating in the program, who leaves the City due to industrial
disability during the first five years of employment. In such cases, the
employee will receive exactly five years' worth of Part B contributions,
using the employee's age and compensation at the time of separation
for calculation purposes. This amount will be deposited into the
employee's RHS account at the time of separation.
Distributions from RHS Employee Accounts are restricted to use for
health insurance and medical care expenses after separation, as
defined by the Internal Revenue Code Section 213(d) (as explained in
IRS Publication 502), and specified in the Plan Document. In
accordance with current IRS regulations and practices, this generally
includes premiums for medical insurance, dental insurance, vision
insurance, supplemental medical insurance, long term care insurance,
and miscellaneous medical expenses not covered by insurance for the
employee and his or her spouse and legal dependents — again only as
permitted by IRS Publication 502. Qualification for dependency status
will be determined by guidelines in IRC 152. If used for these purposes,
distributions from the RHS accounts will not be taxable. Cash
withdrawal for any other purpose is prohibited. Under recent IRS
Revenue Ruling 2005-24, any balance remaining in the Employee
Account after the death of the employee and his or her spouse and/or
other authorized dependents (if any) must be forfeited. That particular
RHS Employee Account will be closed, and any remaining funds will
become general assets of the plan.
The parties agree that the City's Part B contributions during active
employment constitute the minimum CalPERS participating employer's
contribution towards medical insurance after retirement. The parties
also agree that, for retirees selecting a CalPERS medical plan, or any
other plan with a similar employer contribution requirement, the
required City contribution will be withdrawn from the retiree's RHS
account.
30 NBFA MOU 2015-2018
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b. For employees in Category 2, the program is the same as for
those in Category 1, with the following exception:
In addition to the new plan contributions listed above, current
employees who fully convert to the new plan will also receive a one-
time City contribution to their individual RHS accounts that equates to
$100 per month for every month they contributed to the previous
"defined benefit" plan, to a maximum of 15 years (180 months). This
contribution will be made only if the employee retires from the City and
at the time of retirement. No interest will be earned in the interim.
Employees in Category 2 who had less than five years' service with the
City prior to implementation of the new program will only receive Part B
contributions back to January 1, 2006 when they reach five years total
service.
C. For employees in Category 3, the program is the same as for
those in Category 2, with the following exception:
For employees in this category, the City will make no Part B
contributions while the employees are still in the active work force.
Instead, the City will contribute $400 per month into each of their RHS
accounts after they retire from the City, to continue as long as the
employee or spouse is still living.
Each employee will contribute a flat $100 per month to the plan for the
duration of their employment to partially offset part of this expense to
the City. The maximum benefit provided by the City after retirement is
$4,800.00 per year, accruing at the rate of $400.00 per month. There
is no cash out option for these funds, and they may not be spent in
advance of receipt.
Employees in this category will also receive an additional one-time City
contribution of $75 per month for every month they contributed to the
previous plan prior to January 1, 2006, up to a maximum of 15 years
(180 months). This contribution will be made to the RHS account at the
time of retirement, and only if the employee retires from the City. No
interest will be earned in the interim.
31 NBFA MOU 2015-2018
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d. For employees (retirees) in Category 4, the structure is very
similar to the previous retiree medical program, except that there
is no cost share requirement, and the $400 City contribution after
retirement can be used for any IRS authorized purpose, not just
City insurance premiums.
Effective July 1, 2006, a RHS account has been opened for each retiree
in this category, and the City will contribute $400 per month to each
account as long as the retiree or spouse remains living.
3. Administration
Vendors have been selected by the City to administer the program. The
contract expense for program -wide administration by the vendor will be
paid by the City. However, specific vendor charges for individual
account transactions that vary according to the investment actions
taken by each employee, such as fees or commissions for trades, will
be paid by each employee.
The City's Deferred Compensation Committee, or its successor
committee, will have the authority to determine investment options that
will be available through the plan.
4. Value of Benefit
For all purposes, including compensation comparisons, the Retiree
Medical Program shall be valued at 1% of salary on which PERS
retirement is based (Part A); plus .25% of other compensation (Part B).
G. Tuition Reimbursement and Trainin
Maximum tuition reimbursement (for both college courses and non -college
authorized courses) for unit members shall be $1,500 per fiscal year.
College Courses
Unit members attending accredited community colleges, colleges, trade
schools or universities may apply for reimbursement of one hundred
percent (100%) of the actual cost of tuition, books, fees or other student
expenses for approved job—related courses. Reimbursement is
contingent upon the successful completion of the course. Successful
completion means a grade "C" or better for undergraduate courses and
a grade "B" or better for graduate courses. All claims for tuition
reimbursement require the approval of the Human Resources Director.
32 NBFA MOU 2015-2018
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College courses taken in pursuit of a degree that would render the
employee eligible to receive scholastic pay compensation shall not be
eligible for tuition reimbursement.
Career development courses and vocational courses offered through a
college shall be eligible for tuition reimbursement provided they meet
the definition of pre -authorized or prior approval is received from the
Fire Chief or designee. Examples include, but are not limited to:
California State Fire Marshal Courses and CICCS Courses.
2. Non -College Courses
Unit members attending job-related classes, courses, and seminars
given by recognized agencies, organizations or individuals other than
accredited college institutions may apply for reimbursement of one
hundred percent (100°/x) of the actual cost of tuition, parking fees, travel
and lodging expenses.
Job-related courses, training and seminars will be considered pre -
authorized in the following areas: Management and supervision, oral
and written communications, conflict resolution, legal issues, and media
relations, risk management, fire ground operations, rescue systems,
EMS, health and safety, apparatus operator, auto extrication, fire
prevention, arson investigation, and critical incident stress
management.
Reimbursement is contingent upon the successful completion of the
course. Successful completion means a document or certificate
showing successful completion of the class or seminar. All claims for
tuition reimbursement require the approval of the Fire Training Battalion
Chief before submittal to Human Resources.
3. Training — Worker's Comp
Employees of the Newport Beach Fire Department will be considered
within the definition of course of employment and arising out of
employment for purposes of workers compensation coverage when
they have been authorized by the Fire Chief to attend pre -approved
training that furthers the department's mission in providing fire and
medical public safety services to the community.
H. Fitness Program
All unit members shall participate in the Department Fitness Program as
outlined in Department SOP.
33 NBFA MOU 2015-2018
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Physical Conditioning Equipment
City has acquired fitness equipment for use by members in maintaining
physical fitness. City shall budget $25,000 per year for the acquisition,
maintenance, repair, improvement, or replacement of fitness
equipment. Up to $10,000 may be carried over to a subsequent fiscal
year(s). An additional $10,000 shall be budgeted to equip any new
stations built during the term of this agreement.
2. City shall provide workout apparel for each NBFA member assigned to
fire suppression. Workout apparel shall consist of three workout shirts
and two trunks. All unit members on duty between the hours of 4:00
p.m. one day and 7:30 a.m. the next, shall wear either the approved
workout apparel, or the approved NBFD uniform.
SECTION 5 — MISCELLANEOUS PROVISIONS
A. Reductions in Force/Layoffs
The provisions of this section shall apply when the City Manager determines
that a reduction in the work force is warranted because of actual or anticipated
reductions in revenue, reorganization of the work force, a reduction in
municipal services, a reduction in the demand for service or other reasons
unrelated to the performance of duties by any specific employee. Reductions
in force are to be accomplished, to the extent feasible, on the basis of seniority
within a particular Classification or Series and this Section should be
interpreted accordingly.
Definitions
a. Layoff or Layoffs shall mean the non—disciplinary termination of
employment.
b. "Seniority" shall mean the time an employee has worked in a specific
Classification within a Series calculated from the date on which the
employee was first granted permanent status, subject to the
following:
i. Credit shall be given only for continuous service subsequent to
the most recent appointment to permanent status in the
Classification or Series;
Seniority shall include time spent on industrial leave, military
leave and leave of absence with pay, but shall not include time
spent on any other authorized or unauthorized leave of
absence.
34 NBFA MOU 2015-2018
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iii. For purposes of determining layoffs within the Classification of
Firefighter, seniority shall mean the time an employee has
worked within the Series from Firefighter to Captain.
c. "Classification" shall mean one or more full time positions identical
or similar in duties and embraced by a single job title authorized in
the City budget and shall not include part—time, seasonal or
temporary positions. Classifications within a Series shall be ranked
according to pay (lowest ranking, lowest pay).
d. "Series" shall mean two or more Classifications within a Department
which require the performance of similar duties with the higher
ranking Classification (s) characterized by the need for less
supervision by superiors, more difficult assignments, more
supervisory responsibilities for subordinates. The City Manager
shall determine those Classifications which constitute a Series.
e. "Bumping Rights", "Bumping" or "Bump" shall mean the right of an
employee in a higher Classification who is subject to layoff to
displace a less senior employee in a lower Classification within the
Series. No employee shall have the right to Bump into a
Classification for which the employee does not possess the
minimum qualifications such as specialized education, training or
experience, provided, however, the City shall allow an employee to
become recertified as a paramedic in the event the employee's
certification has expired due to promotion to another position. An
employee has the right to Bump into only those positions the
employee has previously held with the Department.
2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are
applicable:
a. Temporary and probationary employees within any
Classification shall, in that order, be laid off before permanent
employees.
b. Employees within a Classification shall be laid off in inverse
order of seniority.
C. An employee subject to layoff in one Classification shall have the
right to Bump a less senior employee in a lower ranking
Classification within a Series, provided, however, that the
determination of the employee to be terminated from the position
of Firefighter shall be based on seniority within the Series. An
35 NBFA MOU 2015-2018
11-80
employee who has Bumping Rights shall notify the Department
Director within seven (7) working days after notice of layoff of
his/her intention to exercise Bumping Rights.
d. In the event two or more employees in the same Classification
are subject to layoff and have the same seniority, the employees
shall be laid off in inverse order of their position on the eligibility
list or lists from which they were appointed. In the event at least
one of the employees was not appointed from an eligibility list,
the Department Director shall determine the employee(s) to be
laid off.
3. Notice
Employees subject to layoff shall be given at least thirty (30) days
advance notice of the layoff or thirty (30) days' pay in lieu of notice. In
addition, employees laid off will be paid for all accumulated paid leave,
holiday leave (if any), and accumulated sick leave to the extent
permitted by the Employee Policy Manual.
4. Re—Employment
Permanent and probationary employees who are laid off shall be placed
on a Department re-employment list in reverse order of layoff. The laid
off former employee shall remain on the reemployment list for not to
exceed two (2) years from the date of layoff. In the event a vacant
position occurs in the Classification which the employee occupied at the
time of layoff, or a lower ranking Classification within a Series, the
employee at the top of the Department re-employment list shall have
the right to appointment to the position, provided, he or she reports to
work within seven (7) days of written notice of appointment. Notice shall
be deemed given when personally delivered to the employee or
deposited in the U.S. Mail, certified, return receipt requested, and
addressed to the employee at his or her last known address. Any
employee shall have the right to refuse to be placed on the re—
employment list or the right to remove his or her name from the re—
employment list by sending written confirmation to the Human
Resources Director.
5. Severance Pay
Permanent employees who are laid off shall, as of the date of lay—off,
receive one-week severance pay for each year of continuous service
with the City of Newport Beach, but in no case, to exceed ten (10)
weeks of severance compensation.
36 NBFA MOU 2015-2018
11-81
B. DisciDline Plan
Any discipline shall be in accordance with Department SOP and the Employee
Policy Manual.
C. Fire Suppression Equipment Staffing Levels
The City shall not reduce current staffing levels for fire suppression equipment
during the term of this MOU. The City believes that appropriate staffing levels
call for three (3) fire suppression personnel for each engine company and three
(3) fire suppression personnel on one truck company and four (4) fire
suppression personnel on the second truck company. The Fire Chief or
designee shall have the discretion to add a fourth fire suppression personnel
to the truck company staffed with three fire suppression personnel on a regular
or overtime, i.e., "backfill" basis, based on operational needs, for a minimum
12 hour period. However, nothing contained herein shall be construed as
altering the existing 24 hour shift for fire suppression employees.
D. EMT Certification
All members are required to attend regularly scheduled departmental EMT
certification classes. Any member, except members who are paramedic
certified, who misses, or anticipates missing, a regularly scheduled EMT
certification class shall contact the Fire Chief or his/her designee in an attempt
to schedule a makeup session, provided, however, members may view
videotaped classes to make up for absences from a regularly scheduled class
in accordance with County and State requirements. If a makeup session is
not available within the program schedule established by the Department, the
member shall, prior to loss of certification, attend a Departmental session or
class offered by a public or private institution on the member's own time and
without compensation by the City.
E. No Smoking
All employees hired after January 1, 1999 shall not smoke or use any tobacco
products at any time while on, or off, duty. Employees shall be required to sign
an agreement consistent with this section. Violation of the agreement may
subject the employee to disciplinary action. Employees shall have input into
the agreement to be developed.
Smoking an occasional celebratory cigar (birth of a child, etc.) while off-duty
shall not be considered a violation of this section.
37 NBFA MOU 2015-2018
11-82
F. Life Safetv Services Classifications
Existing flexible staffing provisions in Life Safety Services Classifications shall
remain in effect for the term of this agreement.
G. Exposure Log
The City maintains an exposure log system.
H. Grievance Procedure
Except as described herein, unit employees are covered by the grievance
procedure contained in the Employee Policy Manual. However, the parties
agree that Step 1 of the manual shall be deemed to define either a Captain or
Battalion Chief as the "immediate supervisor," Step 2 of the grievance
procedure shall be presided over the Fire Chief, and Step 3 of the grievance
procedure shall be the City Manager. The City Manager shall render the final
and binding grievance determination.
48/96 Schedule
The Fire Department currently operates with a 48/96 schedule. A City
proposal to modify this schedule shall be subject to meet and confer.
J. Consecutive Shifts
Effective concurrent with this 2015-18 MOU, unit members shall be limited to
working four (4) 24-hour shifts in a row, after which time the employee shall
not work during the next consecutive 24 hour shift. A fifth consecutive shift
may be permitted with Battalion Chief approval based upon operational needs.
K. Paramedic Program
Effective September 2015, the Newport Beach Fire Department, along with
Huntington Beach and Fountain Valley Fire Departments, are participating in
a State Community Paramedicine Pilot Study. This portion of the study utilizes
specially trained community paramedics to triage and transport patients to
alternate destinations. A patient of low acuity status that meets the pre-
determined criteria would be transported to an alternative destination such as
an urgent care clinic.
The goals and objectives of this pilot study test the feasibility to relieve
overcrowding of emergency departments and improving patient care and
efficiency by transporting patients to appropriate destinations.
At the conclusion of the study, should the results indicate a change in staffing,
both parties agree to meet and confer in good faith on any changes that may
38 NBFA MOU 2015-2018
11-83
affect unit members, provided that no such changes prior to the expiration of
the MOU can occur without mutual agreement.
In addition, effective January 1, 2018, the parties agree to reopen the MOU to
meet and confer on City proposals regarding alternative staffing models for
Paramedics and related matters, provided that no such changes prior to the
expiration of the MOU can occur without mutual agreement.
Signatures are on the next page.
39 NBFA MOU 2015-2018
11-84
ATTEST:
0
Executed this day of
Leilani Brown, City Clerk
2018,
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
BobKy&Salerno, NBFA President
CITY OF NEWPORT BEACH
0
0
Duffy Duffield, Mayor
J, Brev/n, Special Counsel
Attachment: EXHIBIT A - NBFA Represented Classifications and Pay Rates
40 NBFA MOU 2016-2018
11-85
Exhibit A
Newport Beach Firefighter's Association
Represented Classifications and Pay Rates
2015-2018
Effective July 1, 2015 (2.75% adjustment)
Fire Captain 112 Hrs
Fire Captain + 7.5% (80 hrs)
Fire Engineer 112 Hrs
Fire Facilities Coordinator
Fire Paramedic 112 Hrs
Fire Paramedic 80 Hrs
Firefighter 112 Hrs
Firefighter 80 Hrs
Life Safety Specialist I
Life Safety Specialist II
Life Safety Specialist III
Effective January 1, 2016 (2.75% adjustment)
Fire Captain 112 Hrs
Fire Captain + 7.5% (80 hrs)
Fire Engineer 112 Hrs
Fire Facilities Coordinator
Fire Paramedic 112 Hrs
Fire Paramedic 80 Hrs
Firefighter 112 Hrs
Firefighter 80 Hrs
Life Safety Specialist I
Life Safety Specialist II
Life Safety Specialist III
Hourly
Pay Rate
Min
Max
$27.48
$38.66
$41.34
$58.17
$23.41
$32.93
$27.29
$38.38
$25.50
$35.85
$35.69
$50.17
$20.83
$29.28
$29.16
$40.99
$31.22
$43.88
$34.35
$48.34
$37.77
$53.15
Hourly
Pay Rate
Min
Max
Max
$28.24
$7,166
$39.72
$42.48
$7,991
$59.77
$24.05
$6,188
$33.84
$28.04
$8,696
$39.44
$26.20
$5,054
$36.84
$36.67
$7,606
$51.55
$21.40
$6,547
$30.09
$29.96
$42.12
$32.08
$45.09
$35.29
$49.67
$38.81
$54.61
41
Monthly
Pay Rate
Min
Max
$6,668
$9,381
$7,166
$10,083
$5,681
$7,991
$4,730
$6,653
$6,188
$8,700
$6,186
$8,696
$5,055
$7,105
$5,054
$7,105
$5,411
$7,606
$5,954
$8,379
$6,547
$9,213
Monthly
Pay Rate
Min
Max
$6,852
$9,639
$7,363
$10,360
$5,837
$8,211
$4,860
$6,835
$6,358
$8,939
$6,356
$8,935
$5,194
$7,301
$5,193
$7,300
$5,560
$7,815
$6,118
$8,609
$6,727
$9,466
11-86
Newport Beach Firefighter's Association
Represented Classifications and Pay Rates
2015-2018
Effective January 1, 2017 (2.75% adjustment)
Fire Captain 112 Hrs
Fire Captain + 7.5% (80 hrs)
Fire Engineer 112 Hrs
Fire Facilities Coordinator
Fire Paramedic 112 Hrs
Fire Paramedic 80 Hrs
Firefighter 112 Hrs
Firefighter 80 Hrs
Life Safety Specialist I
Life Safety Specialist II
Life Safety Specialist III
Effective January 1, 2018 (2.75% adjustment)
Fire Captain 112 Hrs
Fire Captain + 7.5% (80 hrs)
Fire Engineer 112 Hrs
Fire Facilities Coordinator
Fire Paramedic 112 Hrs
Fire Paramedic 80 Hrs
Firefighter 112 Hrs
Firefighter 80 Hrs
Life Safety Specialist I
Life Safety Specialist II
Life Safety Specialist III
Hourly
Pay Rate
Min
Max
$29.01
$40.82
$43.64
$61.41
$24.72
$34.77
$28.81
$40.52
$26.92
$37.85
$37.68
$52.97
$21.99
$30.91
$30.79
$43.28
$32.96
$46.33
$36.27
$51.04
$39.88
$56.11
Hourly
Pay Rate
Min
Max
$29.81
$41.94
$44.85
$63.10
$25.39
$35.72
$29.60
$41.63
$27.66
$38.89
$38.72
$54.42
$22.60
$31.76
$31.63
$44.47
$33.87
$47.60
$37.26
$52.44
$40.97
$57.66
42
Monthly
Pay Rate
Min
Max
$7,040
$9,905
$7,565
$10,645
$5,998
$8,437
$4,994
$7,023
$6,533
$9,185
$6,531
$9,181
$5,337
$7,501
$5,336
$7,501
$5,713
$8,030
$6,286
$8,846
$6,912
$9,726
Monthly
Pay Rate
Min
Max
$7,234
$10,177
$7,773
$10,938
$6,163
$8,669
$5,131
$7,217
$6,713
$9,437
$6,711
$9,433
$5,483
$7,708
$5,483
$7,707
$5,870
$8,251
$6,459
$9,089
$7,102
$9,994
11-87