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FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
May 22, 2018
Agenda Item No. 14
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Barbara Salvini, Human Resources Director - 949-644-3300,
bsalvini@newportbeachca.gov
PREPARED BY: Rebecca Redyk, Human Resources Manager
PHONE: 949-644-3304
TITLE: Tentative Agreement with Lifeguard Management Association (LMA)
ABSTRACT:
The Lifeguard Management Association (LMA) is a recognized employee association and
the representative of Lifeguard Battalion Chief, Lifeguard Captain and Lifeguard Officer
positions. The Memorandum of Understanding (MOU) between the City of Newport
Beach and LMA expired on December 31, 2017.
On October 26, 2017, representatives for the City and LMA began meeting and conferring
in good faith regarding wages, benefits and other terms and conditions of employment.
A Tentative Agreement on the terms of a successor MOU was reached on April 24, 2018.
In furtherance of the City Council's goal to provide greater transparency in the
negotiations process, the Tentative Agreement and its associated cost 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 June 12, 2018 regular meeting.
RECOMMENDATION:
a) Determine this 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
this action 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 Lifeguard Management Association.
FUNDING REQUIREMENTS:
The estimated cost of the contract with LMA, if adopted at the June 12, 2018 meeting is
provided in Attachment B. The cost to implement the terms of the contract is
approximately $18,270.
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Tentative Agreement with Lifeguard Management Association (LMA)
May 22, 2018
Page 2
DISCUSSION:
The LMA represents the full-time classifications of Lifeguard Battalion Chief, Lifeguard
Captain and the part-time (.75 full-time equivalent) Lifeguard Officer. The fourteen (14)
employees in this association are responsible for supervising the 200 part-time/seasonal
lifeguards and managing the daily operations of the Marine Division within the Fire
Department.
The City's contract with LMA expired on December 31, 2017. Negotiations with the group
began on October 26 with additional meetings on November 8, 14, 28, 2017 and April 12,
2018. The final meeting was held on April 24 when a Tentative Agreement between the
City and LMA was reached (Attachment A). Topics discussed included wage
adjustments, restructuring of scholastic and longevity pay, overtime, move -down pay,
cafeteria allowance and constructive receipt language related to flex leave cash -out.
The Tentative Agreement between the City and LMA includes the following salient
provisions:
• Term: June 12, 2018 to December 31, 2018
• Wage Adjustments: 1 % for all members effective the pay period beginning
June 23, 2018
• Cafeteria Allowance: $100 per month increase effective the pay period
beginning June 23, 2018
• A cost neutral restructuring of scholastic and longevity pay
• Incorporation of language surrounding flex leave cash out to address the doctrine of
constructive receipt for Federal income tax purposes.
A proposed draft version of the Tentative Agreement and MOU between the City and LMA
is included in Attachment A (revisions noted in this staff report are in this redlined version)
with costing information included in Attachment B. LMA unit members ratified this
Tentative Agreement and proposed MOU on April 25, 2018. Following City Council
review of the Tentative Agreement and proposed MOU with LMA, a final version will be
presented at the June 12, 2018 regular meeting.
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.
14-2
Tentative Agreement with Lifeguard Management Association (LMA)
May 22, 2018
Page 3
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 — Tentative Agreement and proposed MOU between the City and LMA with
Signature of President Gary Conwell and Vice President Brent Jacobsen
Attachment B — Estimated Cost of Contract with LMA
14-3
ATTACHMENT A
Tentative Agreement April 24, 2018
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF NEWPORT BEACH AND
THE NEWPORT BEACH LIFEGUARD MANAGEMENT ASSOCIATION
This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into
with reference to the following:
PREAMBLE
Authorized representatives of the CITY OF NEWPORT BEACH (hereinafter
referred to as "CITY") and authorized representatives of the NEWPORT BEACH
LIFEGUARD MANAGEMENT ASSOCIATION (hereinafter referred to as
"NBLMA") a recognized employee organization, met and conferred, exchanging
various proposals concerning wages, hours, fringe benefits and other terms and
conditions of employment of employees represented by NBLMA (hereinafter
referred to as "EMPLOYEES") for the period of'� �'�Z' 2044 thr-o gh December3
201 June 12, 2018 — December 31, 2018.
SECTION 1. GENERAL PROVISIONS
The terms of this MOU are to remain in full force and effect from beginning July ''
2044 *ugh DeEember342047 June 12, 2018 — December 31, 2018.
B. 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 Standard Operating Procedures (SOPs) 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.
NBLMA MOU 20184-2017
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SECTION 1. GENERAL PROVISIONS
The terms of this MOU are to remain in full force and effect from beginning July ''
2044 *ugh DeEember342047 June 12, 2018 — December 31, 2018.
B. 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 Standard Operating Procedures (SOPs) 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.
NBLMA MOU 20184-2017
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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.
C. Conclusiveness
Except as provided for in this agreement, this MOU contains all of the covenants,
stipulations and provisions agreed upon by the parties. Therefore, for the life of
this MQU, Reitherpartyshall be GOMpelled andparty
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D. Savings
Should any part of this MOU or any provision herein contained be rendered or
declared invalid, by reason of any existing or subsequently enacted Legislation, or
by decree of a Court of competent jurisdiction, such invalidation of such part or
portion of this MOU shall not invalidate the remaining portion hereto, and same
shall remain in full force and effect; provided,eve that ,"hind-t#c nrniicinnc
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E. Other Terms and Conditions
Except as to those matters expressly covered by this MOU, all terms and
conditions of employment may be changed or amended after meeting and
conferring, in good faith.
Unless specifically provided in this MOU, L2onn t fnr Part-time members shall
only receive those benefits in this MOU which are specifically set forth as
NBLMA MOU 20184-2017
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F. Unit Classification Titles
Unit classifications are listed in Exhibit A.
For all compensation comparison purposes, actual job duties, and not
classification titles, will be utilized.
SECTION 2. COMPENSATION
A. Salary Adjustments
Base salary increases for all NBLMA represented classifications shall be as follows
and as specified in Exhibit A:
Effective the pay period following City Council approval of this MOU"
4, 20 4 , base salaries will be increased by one percent (1.0% for all members of
the bargaining unit2-6%.
Effective the pay period following City Council approval of this MOU, base salaries
will be increased by four and sixty-nine one hundredths percent (4.69%) for
employees in the classification of Lifeguard Battalion Chief.
Effective the pay period following City Council approval of this MOU, base salaries
will be increased by two and sixty-eight one hundredths percent (2.68%) for
employees in the classification of Lifeguard Captain.
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B. Special Assignment Pay
Boat Pay: Lifeguard Captains certified for and assigned to boat operations shall
receive additional compensation of 2.5% of base salary for their job classification.
Boat assignment pay will be assigned to a qualified Captain and compensated only
when performing boat duties.
Training Pay: The Lifeguard Captain assigned as the "Training Captain" will
receive an additional 7.5% of base pay while assigned the responsibilities of
training.
NBLMA MOU 20184-2017
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C. Overtime
Unit employees shall receive overtime compensation for all hours worked in
excess of forty (40) in any work week. Time worked shall be rounded to the nearest
quarter of an hour (seven (7) minutes or less round down; eight (8) minutes or
more round up).Paid time off shall be considered time worked for the purposes
of calculating MOU overtime.
The rate at which MOU overtime (overtime which is in addition to that which is
required by the FLSA) is paid does not include any contributions to the City's
Cafeteria Plan as set forth in Section 4 - Fringe Benefits of the MOU.
Unit employees shall have the option of requesting to earn compensatory time off
(CTO) for all overtime, including training time, in lieu of overtime
compensationdu„Rg-the term ef this agreemo„t All use of compensatory time
off shall be subject to existing City rules. The time during which an employee
may use accrued compensatory time off is subject to approval by the department
head or his/her designee with due regard for the wishes of the employee and the
need to provide service. However, an employee wishing to use his/her accrued
compensatory time off shall provide the City with reasonable notice of such
request. A request to use compensatory time off without reasonable notice
may still be granted within the discretion of the supervisor or manager
responsible for considering the request. The maximum accrual of CTO shall be
Inv shall nE)t i t.liZe O at tomos wheR ba fill �ni�i ilrJ
eighty 80 hours. €�eee�„TT����QEka
be required-.
D. Uniforms
The City shall pay the entire cost of providing full-time and part-time NBLMA
members with each component of the required NBLMA uniforms. The required
NBLMA uniform includes uniform pants, uniform shirts, safety shoes, badges and
insignias, uniform jackets and liners, belts, dive equipment, foul weather gear,
personal floatation device and helmet. The City shall not be responsible for
providing employees with socks, underwear, cap, workout shoes, or other clothing.
As permissible by law and subject to the provisions and limitations under the Public
Employees' Retirement Law, including restrictions on reporting uniform allowance
as pensionable compensation for "non -classic" members hired after January 1,
2013, the City shall report the value of provided uniforms at $838 per year($32.23
per pay period) 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.
E. Call Out
Call out compensation shall be in accordance with the following provisions:
NBLMA MOU 20184-2017
14-7
All emergency call out time shall be calculated to the nearest one quarter
(1/4) hour of time worked.
2 Cor fort„ (40) hour ernplo„eec -aA minimum of two (2) hours (including travel
time). -If the two hours causes the employee to exceed forty (40) hours in
the week, the rate of pay shall be at at the rate of one and one half (1 1/2)
times the employee's regular hourly -rate of pay shall he guaranteed for each
emergency Goll g..+ Employees will be considered "on duty" at the
beginning of each emergency call out for a minimum of 2 hours or until
completed. Employees will not be compensated for additional call outs that
occur during the initial 2 hour response period, or during normal working
hours.
F. Scholastic Achievement
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4 or more 90 3.5%
4 120 4 5%
4 R."./R.S. 55%
4 M.A./M.S. 6m5
NBLMA MOU 20184-2017 5
14-8
Employees in the classification of Lifeguard Captain shall receive two percent of
base salary (2%) if they receive a Bachelor's Degree. Employees in the
classification of Lifeguard Battalion Chief shall receive one percent (1%) of base
salary if the receive a Master's Degree.
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.
G. Night Standby
A full-time or part-time employee assigned to standby duty (as defined by
Department Policy) for purposes of being on call to handle emergency situations
arising at times other than during normal working hours shall be guaranteed two
(2 1/2) and a half 2.5 hours of pay at the employee's rate of pay
for each calendar day of such standby duty. Employees shall have the option of
receiving compensatory time off at straight time in lieu of pay for night standby.
H. Move -up Pay
Temporary upgrading shall be defined as the temporary assignment of an
employee to work in a job classification, which is assigned to a salary schedule
higher than his/her regular job classifications.
Employees temporarily upgraded to the following job classifications and equivalent
positions shall receive a five percent (5%) pay differential over their regula rate of
pay for all time worked in the higher job classification if they are assigned to work
in the higher job classification for a period of one (1) working hour or longer.
Lifeguard Captain
Lifeguard Battalion Chief
All holiday, VaGa+�SiGk leaveflex leave and other paid leave shall be paid at the
employee's regula rate of pay.
Assignments to higher rated classifications shall be made at the sole discretion of
the City.
I. Move -down Pa
Employees who work down — a temporary assignment of an employee to work in
a iob classification, which is assigned to a salary schedule lower than his her
regular job classification (i.e., a Battalion Chief who moves down as a Lifeguard
Captain or a Lifeguard Captain who moves down as a Lifeguard Officer) shall be
paid at the top step of the classification to which the employee moved down unless
the top step of the moved down classification is higher than their current rate of
pay. In that case, they will be paid at the regular pay rate.
NBLMA MOU 20184-2017
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Jf. Court Standby Pay
All NBLMA members who, pursuant to Ssubpoena 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 hours of pay for each eight hours of
court standby time. NBLMA members shall, when required to appear in court
pursuant to a Ssubpoena 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.
K. Longevity Pay
Employees in the Unit shall receive Longevity Pay as follows:
Years of Service Longevity Pay
16 but less than 20 1.0%
20 but less than 25 1.5%
25 and over 2.5%
SECTION 3. LEAVES
A. Flex Leave
Basis for Accrual
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Regular full-time employees enrolled in the Flex Leave program will earn
leave in accordance with the following schedule:
Years of continuous Accrual per ,qty Maximum Hours
service in the unit pay period/hrs Pay IRGrea. Annual Accrual
1 but less than 5
5.54
9
288.08
5 but less than 9
6.15
9
319.80
9 but less than 12
12 but than 16
6.77
7.69
9
0
352.04
NBLMA MOU 20184-2017
7
14-10
122-5 and over 7.69 2.5% 399.88
Part -Time Members:
Regular part-time employees shall be enrolled in the Flex Leave program
and accrue leave time at the rate of .04 hours for each hour worked.
2. Limit on Accumulation and Cash Out of Flex Leave
Employees may aGGri e flex leave up to an aGG imi doter! total eqi ial to
?eVnntyi'�eight (79) times ember's h weekly acnrual rate. =48GtiVe
Janua��ry 22,2-013 members shall be entitled to accrue flex leave up to a
maximum of fifty-two (52) times the member's bi-weekly accrual rate. This
limit on accumulation shall apply to both full-time and part-time members.
Earned flex leave in excess of the maximum permitted is currently paid bi-
weekly at the member's hourly rate of pay ("spillover pay"). Members shall
be eligible for flex leave spillover pay only if they have utilized at least eighty
(80) hours of flex leave the previous calendar year. Employees who have
not utilized eighty (80) hours of leave for full time and sixty (60) hours for
part-time the required ,,,-,eunt of leave the prior calendar year shall not be
eligible for "spillover pay". Once an employee accrues to aGGrue tomo abeye
the maximum accrual limit, he/she will not accrue additional flex leave until
he/she uses leave and reduces his/her accrual below the accrual limit.
Employees shall have the option of converting accrued Flex Leave to cash
on an hour for hour basis subject to the following: On or before the pay
period which includes December 15 of each calendar year, an employee
may make an irrevocable election to cash out accrued flex leave which will
be earned in the following calendar year. The employee can elect to
receive the cash out in the pay period which includes June 30 and the pay
period which includes December 15 for those Flex Leave benefits that have
been earned during that portion of the year. In no event shall the flex leave
balance be reduced below one hundred and sixty (160) hours. On or before
December 31, 2018, each employee shall have the one-time option of
cashing out all or a portion of Flex Leave benefits credited to his/her account
as of that date. However, in no event shall the flex leave balance be
reduced below one hundred and sixty (160) hours when the leave is cashed
out.
3. Method of Use
NBLMA MOU 20184-2017 8
14-11
Flex leave may not be taken in excess of that actually accrued. The
Department Director or designee shall approve all requests for flex leave
taking into consideration the needs of the Department, and whenever
possible the seniority and wishes of the employee. Flex leave may be
granted on an hourly basis. Any frantien ever an hour shall he Gharoed to
the newt full hour.
B. Use of Flex
Level A staffing shall run from June 15th through Labor Day. During this period of
time, full-time and part-time NBLMA personnel may be limited to a total of forty
(40) hours usage of flex leave requiring backfill. Additional flex leave during this
period may be approved if, in the opinion of management, adequate staffing levels
can be maintained.
11111. W1,
C. Familv Sick Leave
Unit employees shall be entitled to use an amount of time equal to one-half (1/2)
of their annual leave accrual for an illness of a family member as defined
belowde;t which requires the presence of the employee. Such time may be
taken from the employee's annual leave accrual or leave bank, at the employee's
choice. Leave shall be administered in accordance with the provisions of the
Employee Policy Manual (EPM). The provisions of the EPM shall net he nenstn ued
to affeGor edYGe-trhre right of any employee to any unpaid family meirGal__Ileavc
dutierize•d--by State or Federoc.Walla —.
For purposes of family sick leave, family member shall mean spouse, parent,
(parent shall mean biological, foster, or adoptive), child (child shall mean biological,
adopted, or foster child; a stepchild; a legal ward; or a child of an employee
standing in local parentis), grandchild, grandparent, sibling oras modified by State
or Federal law.
D. Holiday Time
NBLMA MOU 20184-2017
14-12
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving
Christmas Eve
Christmas
New Year's Eve
July 4
1st Monday in September
November 11
4th Thurs. in November
Last 1/2 of working day
December 25
Last 1/2 of working day
New Year's Day
January 1
Martin Luther King Day
3rd Monday in January
Washington's Birthday
3rd Monday in February
Memorial Day
Last Monday in May
Floating Holiday (1)
For employee's birthday or other
holiday.
Eligibility and use aGGGPdiRg tO
MemeraR dum Of I R derstaR dlnn
Full time emDlovees receive 96 hours of holidav time Der vear. 1/2611 (3.69 hours
per pay period which will be paid or accrued each pay period. Part-time employees
receive 72 hours of holiday time per year, 1/2611 (2.77 hours) per pay period which
will be paid or accrued each pay period. When an employee becomes an NBLMA
member, he/she shall select to receive either pay, leave or a combination of both
pay and leave for the holidays. When a part-time employee in the unit is appointed
to a full-time classification, he/she shall select to receive either pay, leave or a
combination of both Dav and leave for the additional twentv-four (24) hours.
NBLMA MOU 20184-2017
10
14-13
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NBLMA MOU 20184-2017
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14-13
To the extent permitted by law, tThis 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.
E. Bereavement Leave
Bereavement Leave shall be defined as the necessary absence from duty by an
employee because of the death or
terminal illness in his/her immediate family. NBLMA full-time members shall be
entitled to 40 hours fide (5) days bereavement leave per incident (terminal illness
followed by death is considered one incident) and 32 hours three (3)
bereavement leave for part-time members. Leave hours need not be used
consecutively, but should occur in proximate time to the occurrence, but no more
than 90 days from the date of the death of the family member. Immediate family
shall mean an employee's father, stepfather, mother, stepmother, brother, sister,
spouse/domestic partner, child, stepchild and grandparent, and the employee's
spouse/domestic partner's father, mother, brother, sister, child and grandparent.
An employee requesting bereavement leave shall notify his/her supervisor as soon
as possible of the need to take leave.
Probationary Employees. An employee serving his/her initial probationary period
who takes leave under this section who for any reason terminates his/her
employment prior to the completion of such probationary period shall have his/her
final pay check reduced by the value of the leave taken.
NBLMA MOU 20184-2017 11
14-14
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NBLMA MOU 20184-2017 11
14-14
SECTION 4. FRINGE BENEFITS
A. Insurance
Benefits Information Committee
The City has established a Benefits Information Committee composed of
one representative from each employee associationgfeu-p 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 care issues. The purpose of this Committee is to provide each
employee associationgreup with information about health care issues and
to receive timely input from associations regarding preferred coverage
options and levels of coverage.
2. City Contribution
The City has implemented an IRS qualified Cafeteria Plan. n'�i4
members shall paFtiGipate on this plan. The City contribution toward the
Cafeteria Plan shall be asset forth below. Employees shall have the option
of allocating Cafeteria Plan contributions towards the City's existing
medical, dental and vision insurance/programs. The City and NBLMA t4e
Newport—BeaGh Lifeguard MaRageeRt As?IIGia+eRwill 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.
a. Full -Time Members:
ON-
-
Effeet-ive the first pay :^^A 'n January 20T6—,Tthe City's contribution
towards the Cafeteria Plan will increase to $1,524 (plus the minimum
CalPERS participating employer's contribution).
Effective the pay period including June 23, 2018, the City contribution
towards the Cafeteria Plan will be $1,624 (plus the minimum Ca1PERS
participating employer's contribution).
NBLMA MOU 20184-2017 12
14-15
Full time NBLMA members who do not want to enroll in any medical plan
offered by the City must provide proof of minimum essential coverage
("MEC") through another source (other than coverage in the individual
market, whether or not obtained through Covered California) evmdenGe Of
grPRediGa'�a, RGe GOVerage-and execute an opt -out agreement
releasing the City from any responsibility or liability to provide medical
insurance coverage on an annual basis.
Effo��io the nasi issue that in ides aR lard 1 n%4The opt -out
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amount for full-time employees is will be adjusted to $1,000 per month.
b. Part -Time Members:
Effective U POR orlon+iron of this 2015 17 MOU p art -time NBLMA
members will receive a monthly cafeteria benefit of $585.00 (on� �iyaleRt
to hot worked for on average epee -k). For
part-time employees enrolled in medical plans, the cafeteria amount is
inclusive of the PERS designated minimum medical insurance
contribution.
For employees who do not enroll in a medical plan there shall be no opt
out cafeteria benefit. Part-time time NBLMA members who do not want
to enroll in anv medical clan offered by the City must Brovide Droof of
minimum essential coverage ("MEC") through another source (other
than coveraae in the individual market. whether or not obtained throuah
Covered California).
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3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of the
City's health plan offerings for full-time employees as agreed upon by the
Benefits Information Committee.
4. Vision Insurance
NBLMA MOU 20184-2017 13
14-16
The existing or a comparable vision plan shall be maintained as part of the
City's health plan offerings for full-time ernplo„ees as agreed upon by the
Benefits Information Committee.. for full-time employees
B. Additional Health Insurance/Proarams
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IRS Section 125 Flexible Spendina 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 a full-time 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 salary of
the employee will be reduced by the amount designated by the employee
for reimbursable expenses.
Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD) disability
insurance to 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.
GennUrrent with the nommennement of this nrenram,-eEmployees have a
assurrned responsibility for the payment of the disabilitsuranGe ncc-GOSt OR
the arnO int of one (1.0%) percent -of base salary reduction for the cost of
this benefit. Simultaneously, sly the Gity innreased hese wages by one
peFGent.
Life Insurance
The City shall provide life insurance for—regu1cw full-time employees in
$1,000 increments equal to one times the employee's annual salary up to a
NBLMA MOU 20184 2017
14
14-17
maximum of $50,000. At age 70 the City -paid life insurance is reduced by
50% of the pre -70 amount (i.e., a maximum of $25,000). This amount
remains in effect until the employee retires from City employment.
Employees may also purchase supplemental life insurance at their own
cost.
C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) for Association
membersf,uM44e apel part M44e emvile„ees through a properly licensed provider.
Association members and their family members may access the EAP subject to
provider guidelines.
D. The Retirement Benefit
Retirement Benefit Formula
The City contracts with 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:
Tier 1: For employees enrolled by the City of Newport Beach as Safety
members on or before November 23, 2012, the retirement formula shall be
3%@50 calculated on the basis of the best/single highest year.
Tier 2: For classic member (as defined in the Public Employees' Pension
Reform Act) employees enrolled in CalPERS by the City of Newport Beach as
Safety members on or afterbetween November 24 and December 31�, 2012, er
hored n or after ani iar 1 2013 an�eGUrront members of the retirement
system, as defiReed OR the P�GEmpleyees' Pen�,SOOR Ref�Act, the
retirement formula isle 2%@50. EaIGUIated en the average 36 highest
merith'ssolor,,. For these same employees, final compensation will be based
on the highest annual average compensation earnable during the three
consecutive years of employment immediately preceding the effective date of
his or her retirement or any other three consecutive year period chosen by the
emplovee as set forth in Government Code section 20037.
Tier 3: For employees enrolled by the City of Newport Beach as Safety
members on or after January 1, 2013 who are new members as defined in the
Public Employees' Pension Reform Act), and whe de ROt meet Tier 2 Groterio
the retirement formula shall be 2.7% 57 provided for by the Public Employees'
Retirement Law at Government Code section 7522.25(d).
For these same employees, final compensation will be based on the highest
annual average compensation earnable during the three consecutive years of
employment immediately preceding the effective date of his or her retirement
or any other three consecutive year period chosen by the employee as set forth
NBLMA MOU 20184-2017 15
14-18
in Government Code section 7522.32(a). c-aIGulated orithe average 36 higho�+
menth's salary.
The City's contract with PERS also provides for:
b. The military buy-back provisions pursuant to Section 20930.3 of the
California Government Code and the highest year benefit pursuant
to Section 20042.
C. The Level 4 1959 Survivors Benefits.
d. The pre -retirement option settlement 2 death benefit (Section
21548).
2. Employee Contributions
Tier 1 and 2 Employ All unit members in Tiers 1 and 2 will pay the full
9% "safety member" contribution of PERS reportable earnings. This
payment will be made on a pre-tax basis through payroll deduction pursuant
to IRS Code Section 414(h)(2). This contribution will not be considered as
part of employee's "compensation earnable" under Government Code
section 20636.
EffeEtivethe pay per4od that includes july 1 '" UUnit members will, in
addition to the 9% normal member contribution, contribute 4.6% of
pensionable compensation toward retirement costs as permitted under
Government Code §20516(f), for a total contribution of 13.6%.
Tier 3 Employees: The minimum statutory employee contribution for
employees in Tier 3 is subject to the provisions of the Public Employees'
Pension Reform Act (PEPRA) and equals 50% of the "total normal cost" as
determined by PERS. For FYI 7-184,r—M. the employee Safety rate is
10.5445% and is subject to change based on annual PERS actuarial
valuations.
NBLMA MOU 20184-2017 16
14-19
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EffeEtivethe pay per4od that includes july 1 '" UUnit members will, in
addition to the 9% normal member contribution, contribute 4.6% of
pensionable compensation toward retirement costs as permitted under
Government Code §20516(f), for a total contribution of 13.6%.
Tier 3 Employees: The minimum statutory employee contribution for
employees in Tier 3 is subject to the provisions of the Public Employees'
Pension Reform Act (PEPRA) and equals 50% of the "total normal cost" as
determined by PERS. For FYI 7-184,r—M. the employee Safety rate is
10.5445% and is subject to change based on annual PERS actuarial
valuations.
NBLMA MOU 20184-2017 16
14-19
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Effective r»„ periodthat in ,desj„►�201-6—Ifn addition to the
statutorily required 50% contribution of total normal costs, Tier 111 employees
shall contribute 3.10% of pensionable compensation toward retirement
costs pursuant to Government Code § 20516(1,, for a total contribution of
13.6%. If future the FYI I7 ry fiscal year member contribution rates for
employees in Tier 111-&#a4 become greater or less than 10.544-.-2-5%, the
additional contribution made by the employee under 20516(0 will be
increased or decreased accordingly so that the total employee contribution
equals 13.6%.
In the event CaIPERS pension provisions for new or existing employees are
modified by State or Federal legislation, resulting in changes to previously
negotiated terms, the parties agree to meet and confer to discuss
appropriate changes to the MOUGepk-a.O.
E. Retiree Health Benefits Program (Full -Time Classifications Only)
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, 2006.
b. Category 2 - Active employees hired prior to January 1, 2006, whose
age plus years of service as of January 1, 2006 was less than 50 (46
for public safety employees).
NBLMA MOU 20184-2017 17
14-20
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, 2006.
2. Program Structure
This is an Integral Part Trust (IPT) Retiree Health Savings (RHS) Plan
(formerly the Medical Expense Reimbursement Program "MERP') and
applies only to regular full-time NBLMA employees.
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 expenses 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): $42.50 per month for each
year of service plus year of age (updated every January 1 st based on
status as of December 31 st of the prior year). EffeGtiVo ianuar„ 2008 this
Geri��A iGn Will $
RGrease-te ccr 50 p rc.r MORtFr
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, eXGept that cafe
doffereetlevefs. 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
NBLMA MOU 20184-2017 18
14-21
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2. Program Structure
This is an Integral Part Trust (IPT) Retiree Health Savings (RHS) Plan
(formerly the Medical Expense Reimbursement Program "MERP') and
applies only to regular full-time NBLMA employees.
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 expenses 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): $42.50 per month for each
year of service plus year of age (updated every January 1 st based on
status as of December 31 st of the prior year). EffeGtiVo ianuar„ 2008 this
Geri��A iGn Will $
RGrease-te ccr 50 p rc.r MORtFr
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, eXGept that cafe
doffereetlevefs. 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
NBLMA MOU 20184-2017 18
14-21
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 contribution, at the
level of zero percent (0%). This amount may be changed, on a go
forward basis, as part of the future meet and confer process. However,
the participation level must be the same for all employees within the
Association canon+ that Safety members and NOR safety momhorc
within an AsSGGiatinn 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.
Spillover pay is not eligible for Part C contributions.
Nothing in this section restricts taking leave for time off purposes.
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 enrolment 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 i.e.
five years at full time status). 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.
Each Employee has a right to reimbursement of medical expenses (as
defined below) from the Plan until the Employee Account balance is
NBLMA MOU 20184-2017 19
14-22
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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 enrolment 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 i.e.
five years at full time status). 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.
Each Employee has a right to reimbursement of medical expenses (as
defined below) from the Plan until the Employee Account balance is
NBLMA MOU 20184-2017 19
14-22
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 (i.e., the CalPERS statutory minimum amount) 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-
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
NBLMA MOU 20184-2017 20
14-23
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.
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
NBLMA MOU 20184-2017 21
14-24
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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
NBLMA MOU 20184-2017 21
14-24
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.
F. Tuition Reimbursement
Full-time and part-time NBLMA members attending accredited community
colleges, colleges 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 of "C"
or better for undergraduate courses and a grade of "B" or better for graduate
courses. All claims for tuition reimbursement require the approval of the Human
Resources Director.
NBLMA members attending pre -approved, directly job-related classes, courses
and seminars given by recognized agencies, organizations or individuals other
than accredited college institutions may apply for reimbursement of actual cost of
tuition, books, fees or other student expenses. Reimbursement is contingent upon
the successful completion of the course. Successful completion means a
document or certificate showing successful completion of the course or seminar.
All claims for reimbursement require the approval of Fire Chief or designee before
submittal to Human Resources.
Maximum tuition reimbursement for full-time employees shall be $1,500.9-9 per
fiscal year and the maximum reimbursement for part-time employees shall be
$1,125 per fiscal year.
SECTION 5. MISCELLANEOUS PROVISIONS
A. Reductions in Force/Layoffs
The provisions of this section shall apply to full-time and part-time members 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
NBLMA MOU 20184-2017 22
14-25
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F. Tuition Reimbursement
Full-time and part-time NBLMA members attending accredited community
colleges, colleges 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 of "C"
or better for undergraduate courses and a grade of "B" or better for graduate
courses. All claims for tuition reimbursement require the approval of the Human
Resources Director.
NBLMA members attending pre -approved, directly job-related classes, courses
and seminars given by recognized agencies, organizations or individuals other
than accredited college institutions may apply for reimbursement of actual cost of
tuition, books, fees or other student expenses. Reimbursement is contingent upon
the successful completion of the course. Successful completion means a
document or certificate showing successful completion of the course or seminar.
All claims for reimbursement require the approval of Fire Chief or designee before
submittal to Human Resources.
Maximum tuition reimbursement for full-time employees shall be $1,500.9-9 per
fiscal year and the maximum reimbursement for part-time employees shall be
$1,125 per fiscal year.
SECTION 5. MISCELLANEOUS PROVISIONS
A. Reductions in Force/Layoffs
The provisions of this section shall apply to full-time and part-time members 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
NBLMA MOU 20184-2017 22
14-25
seniority within a particular Classification or Series and this Section should be
interpreted accordingly.
Definitions
a. "Layoffs" or "Laid off' shall mean the non—disciplinary termination of
employment.
b. "Seniority" shall mean the time an employee has worked in a
Classification or Series calculated from the date on which the
employee was first granted regularpermaReRt status in their current
Classification or any Classification within the Series, subject to the
following:
Credit shall be given only for continuous service (as described
in the next paragraph) subsequent to the most recent
appointment to regula PeFMaReRt 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.
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. In this baraainina unit, there is one "Series" made up of the three
Lifeguard Captain and Lifeguard Battalion Chief. shall rnean two or
Departmentmore GlassifiGatiens within a
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e. "Bumping Rights", "Bumping" or "bump" shall mean the right of an
employee, based upon seniority within a series, to displace a less
senior employee in a lower Classification within the Series. N -e
1
NBLMA MOU 20184-2017 23
14-26
2. Procedures
In the event the City Manager determines to reduce the number of
employees within a Classification, the following procedures are applicable:
•--
:•;.i
ab. Employees within a Classification shall be laid off in inverse order of
seniority;
bE. 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 within the bargaining unit, provided, however, that the
determination of the employee to be terminated from the position
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, the Department
Director shall determine the employee(s) to be laid off.
3. Notice
Employees subject to lay—off 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 aGGUFnulated—s+ckcleave to the eXteRt permitted by the
Dorcnnnol Resell tion
4. Re—Employment
RegularPe;t and probationary employees who are laid off shall be
placed on a Department re—employment list in reverse order of layoff. The
re—employment list shall remain in effect until exhausted by removal of all
names on the list. 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
NBLMA MOU 20184-2017 24
14-27
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 Directorer.
5. Severance Pa
PerMaRe t Regular 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, to a maximum of ten (10) weeks of
severance pay.
B. Discipline
Any discipline shall be in accordance with the Department SOP and the Employee
Policy Manual.
C. Health and Fitness Evaluations
All NBLMA members shall participate in the Department Fitness Program.
D. Provision for Sun Protection
The first full pay period of each fiscal year, the City will provide $400 to each
full-time unit member and $300 to each part-time unit member for
sunglasses and other sun protection materials (not restricted to use at
Lifeguard Store).
2. Each unit employee shall receive an annual skin cancer screening, which
will be conducted either on or off duty at the Department's discretion.
Employees directed to receive this screening off duty shall receive one (1)
hour of compensatory time off as compensation.
E. Fitness Equipment and Exercise Time
At -a -tome, during the life of thiTMQU, sefeEted by NBLMA, Tthe City will provide
up to $3,0009 per year towards the purchase of fitness equipment to be used on
duty for the intended benefit of NBLMA for the form of this agreement. The actual
equipment to be purchased shall be recommended by NBLMA, and shall require
the final approval of the Fire Chief. Unit employees shall be allowed up to three
(3) hours per week for on duty physical fitness training.
F. Employee Policy Manual
The City and NBLMA have agreed on implementation of the City's revised 2001
Employee Policy Manual. Should additional revisions to the Manual be proposed,
the City will meet and confer on applicable policy manual provisions which are
within the scope of bargaining.
NBLMA MOU 20184-2017 25
14-28
G. Direct Deposit
All Unit employees shall participate in the City's Direct Deposit Program.
HPart Time (`nniercinn
PaFt time Lifeguard IV employees GGRverted to full time status an januapy 2000
shall utoloze their E)Fig'Ral Lifeguard IV hire date as their aRniversary date. ARy
Ghnnges Foci ilting fromthis Ghange shall he nrespeGtiye ORl y
Cinr»fWec are on the next name
Executed this day of
NEWPORT BEACH LIFE
BY:
120185. -
MANAGEMENT
20185:
MANAGEMENT ASSOCIATION
Ga Co*ell , President
C� C.
Brent Jacobse GGR Vice President
CITY OF NEWPORT BEACH
Duffy Duffield Edward D.Setic-h, Mayor
Y: gz"4-L�
Peter J. Brown
ATTEST:
BY:
Leilani Brown, City Clerk
NBLMA MOU 20184-201 7
26
14-29
EXHIBIT A
Newport Beach Lifeguard Management Association Represented Classifications
and Pay Rate Adjustments
July 1, 2014 through December 31, 2017
14-30
Hourly Pay Rate
Monthly Pay Rate
Represented Classification
Minimum
Maximum
Minimum
Maximum
Effective July 1, 2015 (2.6% Adjustment)
Lifeguard Officer (Part -Time)
$24.50
$34.48
-
-
Lifeguard Captain
$32.05
$45.14
$5,555.33
$7,824.27
Lifeguard Battalion Chief
$39.59
$55.67
$6,862.27
$9,649.60
Effective July 1, 2016 (2.5% Adjustment)
Lifeguard Officer (Part -Time)
$25.12
$35.34
-
-
Lifeguard Captain
$32.85
$46.27
$5,694.00
$8,020.13
Lifeguard Battalion Chief
$40.58
$57.06
$7,033.87
$9,890.40
Effective July 1, 2017 (2.5% Adjustment)
Lifeguard Officer (Part -Time)
$25.74
$36.22
-
-
Lifeguard Captain
$33.67
$47.43
$5,836.35
$8,221.20
Lifeguard Battalion Chief
$41.60
$58.49
$7,210.67
$10,136.53
14-30
L*:I:IN. III _1
Newport Beach Lifeguard Management Association
Represented Classifications and Pay Rates
Term: June 12, 2018, to December 31, 2018
Represented Classification
Hourly Pay Rate
Minimum Maximum
Monthly Pay Rate'
Minimum Maximum
Effective June 23, 2018 (1.0% Adjustment)
LIFEGUARD OFFICER (PART-TIME)
$ 26.00
$ 36.59
$ 4,507
$ 6,342
LIFEGUARD CAPTAIN
$ 34.93
$ 49.19
$ 6,055
$ 8,526
LIFEGUARD CAPTAIN + 7.5% Z
$ 37.54
$ 52.83
$ 6,507
$ 9,157
LIFEGUARD BATTALION CHIEF
$ 43.99
$ 61.84
$ 7,625
$ 10,719
'Monthly Pay Rates are rounded to nearest whole dollar.
Z LIFEGUARD CAPTAIN +7.5% identifies and compensates the assigned "Training Captain" an additional
7.5% of base pay while assigned the training responsibilities.
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ATTACHMENT B
NBLMA Negotiations, Cost of Tentative Agreement - Contract Term is 6/12/18 through 12/31/18
sg, 5/10/18
11 Authorized Full-time Safety Employees
2.25 Authorized Part-time Safety Employees
Base Pay
Supplemental Pay
Scholastic Pay
Holiday Pay
Longevity
Boat Assignment (based on FY 17 = 1,107.5 hours)
Standby Pay (based on FY 17 = 1,252.5 hours, CY 17 = 1,460 hrs)
Pension Contribution 2
Pension Normal Cost (Safety = 30.27%)
Pension Unfunded Actuarial Liability (Safety = 45.853%)
Subtotal
Subtotal
Other City Paid Benefits 3
MediCare (mandatory payment of 1.45%)
Compensated Absences
Cafeteria Plan = $100 per month increase effective 6/23/18
Employee Assistance Program (EAP)
Uniform Allowance (Tier 1 & 2 eligible only)
Smartphone Allowance
Sun Protection Allowance ($400/year full-time & $300/year part-time)
Cancer Screening °
Life Insurance (policy based on annual base pay with cap of $50,000)
Retiree Health Savings (Post Employment Healthcare Contribution)3
Subtotal
Offset - Employee Pick Up of PERS Pension Costs (Safety = 13.6%)
Overtime (based on fiscal year 2017 actual hours = 1,562.75)
Subtotal
Total
Cost of Salary Cost of new
1 Original estimate is based on FY 18 budget.
Z This is the normal cost based on 7% returns and projected UAL without discretionary payments.
This unit has 10 Tier 1 Members and 4 Tier 3/PEPRA members.
3 Retiree Health Savings based on FY 18 budgeted contributions.
4 Cancer Screening is optional to employees. Cost is $232 for each screening. No one had a screening in FY 17.
If all unit members participated in the cancer screening benefit, the annual cost would be $3,248.
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and Benefits
contract
Current EE
under new
provisions
Profiles
Tentative
for term of
(April 2018)
Agreement
contract
1,225,698
1,272,330
23,316
49,957
14,041
(17,958)
56,571
58,723
1,076
7,189
9,563
1,187
1,335
1,384
25
65,614
66,284
335
180,665
149,996
(15,335)
407,874
412,503
2,315
617,848
624,860
3,506
1,025,721
1,037,363
5,821
20,469
20,701
116
42,899
44,532
816
239,781
247,731
3,975
291
291
-
6,704
6,704
2,880
2,880
5,300
5,300
902
902
12,480
12,480
-
331,706
341,520
4,907
(183,254)
(185,333)
(1,040)
(183,254)
(185,333)
(1,040)
117,695
118,896
601
2,698,232
2,734,771
18,270
1 Original estimate is based on FY 18 budget.
Z This is the normal cost based on 7% returns and projected UAL without discretionary payments.
This unit has 10 Tier 1 Members and 4 Tier 3/PEPRA members.
3 Retiree Health Savings based on FY 18 budgeted contributions.
4 Cancer Screening is optional to employees. Cost is $232 for each screening. No one had a screening in FY 17.
If all unit members participated in the cancer screening benefit, the annual cost would be $3,248.
14-32