HomeMy WebLinkAbout08 - Tentative Agreement with Newport Beach Firefighters AssociationPORT CITY OF
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_ i NEWPORT BEACH
City Council Staff Report
<i FO RN
December 11, 2018
Agenda Item No. 8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Grace K. Leung, City Manager - 949-644-3001,
gleung@newportbeachca.gov
Barbara J. Salvini, Human Resources Director - 949-644-3259,
bsalvini@newportbeachca.gov
PREPARED BY: Barbara J. Salvini, Human Resources Director
PHONE: 949-644-3259
TITLE: Tentative Agreement with Newport Beach Firefighters Association
ABSTRACT:
The Memorandum of Understanding (MOU) between the City of Newport Beach (City)
and the Newport Beach Firefighters Association (NBFA or Association) expires
December 31, 2018. The Association reached out to the City to begin negotiating a
successor agreement in July 2018. After multiple meetings, a Tentative Agreement
(Agreement) was reached on November 13, 2018. The Agreement addresses wages,
benefits and other terms and conditions of employment for employees represented by
NBFA, as required under the Meyers-Milias-Brown Act, California Government Code
§3500.
To promote greater transparency in the negotiations process, including the costs
associated with the proposed labor contract, the Agreement with the NBFA is being
presented at this time for public review and comment. The complete Agreement, which
spans the time period of January 1, 2019 through December 31, 2021, will be presented
for City Council consideration at the January 8, 2019 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 Newport Beach Firefighters Association.
FUNDING REQUIREMENTS:
The NBFA MOU and resolution will be presented to the Council for consideration at the
January 8, 2019 City Council meeting, along with a budget amendment appropriating the
first six -months' cost, $389,812 from the General Fund unappropriated fund balance. The
estimated cost of the contract with the Association is provided in Attachment B.
WE
Tentative Agreement with Newport Beach Firefighters Association
December 11, 2018
Page 2
DISCUSSION:
The Newport Beach Firefighters Association is an exclusively recognized bargaining unit
and represents 118 employees, 112 safety members and six (6) non -safety members.
Major topics discussed during negotiations included wage adjustments, additional
CalPERS contributions from the safety employees towards their retirement plans,
enhancements to the NBFA cafeteria allowance, the grievance procedure and other non-
economic matters.
Significant provisions of the Agreement between the City and NBFA include:
• Term of three (3) years, from January 1, 2019 through December 31, 2021
• Wage adjustments
✓ January 1, 2019 — 2.0%
✓ January 1, 2020 — 2.0%
✓ January 1, 2021 — 2.0%
Increased employee contribution to CalPERS for safety employees. Non -safety
members currently contribute 13% of their compensation earnable towards their
CalPERS retirement benefit
✓ January 1, 2019 — 0.5%
✓ January 1, 2020 — 0.5%
✓ January 1, 2021 — 0.5%
• Additional employer contribution to the employee's medical cafeteria allowance
✓ January 1, 2019 — $200 per month
A proposed draft version of the Agreement between the City and NBFA is included in
Attachment A (revisions noted in this staff report are in this redlined version) with costing
information included in Attachment B. The total cost of the Agreement is estimated to be
$3,001,527.
In accordance with NBFA ratification procedures, the majority of members voted to
approve the Agreement on November 26, 2018. The Agreement will not become effective,
per Government Code §3505.1, until the governing body, i.e. the City Council, takes
action to adopt it. If the City Council approves adoption of the Agreement, the Human
Resources staff members will coordinate with other departments to implement the
provisions as soon as practicable.
Following tonight's City Council review of the Agreement and proposed MOU with NBFA,
a final version of the successor MOU will be presented at the January 8, 2019 regular
meeting. Tonight's costing information and proposed revisions to the MOU will be posted
for public review on the City's website.
ON
Tentative Agreement with Newport Beach Firefighters Association
December 11, 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 — Tentative Agreement (Agreement) and Proposed MOU between the City
and the NBFA (redline) with Signature of NBFA President Bobby Salerno
Attachment B — Estimated Cost of Contract with NBFA
HIM
ATTACHMENT A
Tentative Agreement — November 21
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
Elk II
THE NEWPORT BEACH FIREFIGHTERS ASSOCIATION
Term: January 1, 20195 through December 31, 202148
NBFA MOU 20195-20214-8
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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/SiGeave......................................................................................................17
HolidayTime.................................................................................................................
17
Bereavement Leave.....................................................................................................
19
RIM
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..................................................................................... 24
PERSRetirement Benefit..............................................................................................25
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
M
:.
PREAMBLE
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).
Mel I - - - - 1.
-. - - '* IN!.
------------
._ . •
24. 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 theese classifications of
Fire Captain 112 Hours
Fire Captain + 7.5% (80 hours)
Fire Engineer 112 hours
Fire Facilities Coordinator
Fire Paramedic 112 Hours
Fire Paramedic 80 Hours
Firefighter 112 Hours
Firefighter 80 Hours
Life Safety Specialist I
Life Safety Specialist II
Life Safety Specialist III
NBFA MOU 20195-20211-8
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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, 2019-5. This MOU shall remain in
full force and effect until December 31, 20214-8, 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.
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
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.
epresentation;_
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.
To travel to and attend scheduled grievance and
disciplinary hearings.
NBFA MOU 20195-20211-8
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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
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.
epresentation;_
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.
To travel to and attend scheduled grievance and
disciplinary hearings.
NBFA MOU 20195-20211-8
::
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.
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 voluntarily 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.
Contributions may be made only in six -minute increments.
Contributions shall be on forms prepared by the City which shall then
3 NBFA MOU 20195-20211-8
i •
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
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 bV the NBFA shall indicate that the NBFA posted themnarne of
the erganizatien resPORsible. 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 any protected
class under the law raGe, genderrcthniGity religion, ago sexua
„rioTor 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
4 NBFA MOU 20195-202148
8-10
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. Authoritv to Deduct Dues from Members' PavchecksDues GhonL_r�ff
The City will deduct dues from members of the Association and will remit it to
the Association. It is the Association's responsibility to inform the City's
Human Resources Director as to which members of the bargaining unit are
members of the Association. The Association) Init momhorc shall inform the
Human Resources Director in writing of any changes in the membership status
of anv Association members. have the roaht te authorize the G.tv to dedu
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 &u-c-hrAssociation membership by submitting to the
Association a signed request to cancel payroll dues deduction. If that occurs,
the Association will advise the Human Resources Directo[dues by submitting
o signor) request to cancel payroll dues deduction to the Association for such
employeeto the Human Rosoirnos r h er_-tor This s'gned Fequost shall ho
�rarrrur �-�-c�..rvurccT-vircccrn . Trir��� ccrr
followed up with a seEe n d-requ a time the
original letter. Pursuant to Government Code section 1157.12 bLttThe
Association shall indemnify the City and hold it harmless against any and all
suits, claims, demands and liabilities by any unit member in reliance upon
information provided by the Association respecting requests to cancel or
change payroll deductions for such employee. #a may arise eut of or h„
reason of the applioo+inn or implementation of the previsions of this sootion
H. Conclusiveness
This MOU contains all of the covenants, stipulations, and provisions agreed
upon by the parties. Therefore, for the terml+fe 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.
NBFA MOU 20195-2021U
8-11
KAnrlifirntinnc
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
mediation pursuant to the procedure outlined in Section 16 of Resolution No.
2001-50 or a successor resolution. II peR r /Tilost by the AsSE)GiotiGR the
parties will eRgago in nen biRdiRg font finding p irs aRt tri State loni
L. Definitions
For the purposes of this MOUz 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.
6 NBFA MOU 20195-202148
8-12
SECTION 2 — COMPENSATION
a
Salary Adiustments — this MOU Period
Base salary increases for all NBFA represented classifications shall be as
follows and as specified in Exhibit A:
,
Erma IMIM-1va."MIN,
Effective the pay period that includes January 1, 2019 there shall be a base
salary increase of two percent (2%) for all represented classifications.
2. Effective the payroll period that includes January 1, 2020, there shall be a
base salary increase of two oercent (2%) for all represented classifications.
3. Effective the payroll period that includes January 1, 2021, there shall be a
base salary increase of two oercent (2%) for all represented classifications.
Salary Differential
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:
Firefighter Series
Firefighter
Fire Engineer
Fire Paramedic hired prior to 1/1/16
Line Captain
Percent of
Firefighter
Top Step
N/A
112.50%
122.25%
132.00%
NBFA MOU 20195-20211-8
8-13
Staff Captains shall receive an additional 7.5% of base pay over Line
Captains. Assignment as a Staff Captain is for a maximum for two
vears unless extended by the Fire Chief.
2. Paramedic Pay For Firefighters Working, as Paramedics Hired on or After
January 1, 2016: The TmrediG GlaSSifiGatinnall be maintainer! for
G61rre Rt � snit members as of aR lord 1 201 6 The salary FaRge for
rrcnr-arn��'r , ��-v�ri�a
ParromediG Will remain s����/_ abode Firefighter (ton sten to ton
i-ura�Tcazc-arrrrTcrrra�r r� iv-a-pvv-�r�-rcn9T' ccrCcv�accF'��cv}�
step). -Firefighters hired on or after January 1, 2016 will not be placed into
the Paramedic classification. They will remain in the Firefighter
classification and receive Paramedic Pav of 17.25%.
The parties agree that to the extent permitted by law, Paramedic Pam
special compensation and shall be reported to CalPERS as such pursuant
to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2).
C. 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.
D. Probationary Firefighter Training Step
EffeEt+vedaRuary 1,2-016, the City shall establish-aReyet�level Firefighter
TrainingStep (Step "9 T") that is set% Guernt FirefighterStep 1.
Probationary Firefighters will be placed at the Training Step (Step "17) 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, until the City Council approves this
MOU, the probationary period for a new Firefighter iswifl-be 18 months from
the date of hire.
The probationary period for a new Firefighter hired after January 8, 2019 is 12
months. Any firefighter serving his/her probationary period for at least 12
months on the date of Council approval of this MOU will be considered to have
passed probation on that date. Any Firefighter serving his/her probationary
NBFA MOU 20195-2021U
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C. 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.
D. Probationary Firefighter Training Step
EffeEt+vedaRuary 1,2-016, the City shall establish-aReyet�level Firefighter
TrainingStep (Step "9 T") that is set% Guernt FirefighterStep 1.
Probationary Firefighters will be placed at the Training Step (Step "17) 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, until the City Council approves this
MOU, the probationary period for a new Firefighter iswifl-be 18 months from
the date of hire.
The probationary period for a new Firefighter hired after January 8, 2019 is 12
months. Any firefighter serving his/her probationary period for at least 12
months on the date of Council approval of this MOU will be considered to have
passed probation on that date. Any Firefighter serving his/her probationary
NBFA MOU 20195-2021U
8-14
period for less than 12 months on the date of Council approval of this MOU
will need to need to complete 12 months on probation to complete his/her
probation period.
E. Overtime Heurs W^rl,o,+
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, VaGatien Leave,
Holiday Leave, and SiGk 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. EffeEtive jaRuary 1, 2047 --,-Contract Overtime shall be calculated
based on the employee's regular rate of pay, less 7%.
EffeGtiVe 61PGR approval of this AmeRde ! Memorand im of I RderstandiRg
by the rit„ r,,un-G1, ",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. EmployeesPersennel 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.
9 NBFA MOU 20195-20211-8
8-15
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.
PERS Reporting of Uniform Allowance - To the extent permitted by law, the
City shall report to the California Public Employees' Retirement System
(CaIPERS) the uniform allowance ($1,519 annually) for each employee as
special compensation in accordance with Title 2, California Code of
Regulation, Section 571(a)(5). Notwithstanding the previous sentence, for
"new members" as defined by the Public Employees' Pension Reform Act of
2013, the uniform allowance will not be reported as pensionable compensation
to CaIPERS.
As permissible by law aR d s bjent to the PFGVicienc and limitatienc Under the
Dui GEmployees RetireMeRt Lav heCity ;alel report as pensionable
GOMgeRsa ieR the value of provided i iniferms at $1,519 annually OR aGGerdaR
writ . . ERS 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, i.e., +nGluding safety boots and
turnout gear.
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
10 NBFA MOU 20195-20211-9
WMO
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
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:
30
1.5%/month
60
2.5%/month
90
3.5%/month
90
3.5%/month
120
4.5%/month
A.A./A.S.
3.5%/month
B.A./B.S.
5.5%/month
2. Certificate Achievement Pay
Certificate achievement Dav is continaent upon emDlovee's satisfactor
completion of the initial probationary period with the Newport Beach Fire
Department and completion of the required coursework for Company Officer
(formerly known as Fire Officer) or Fire Inspector II (formerly known as Fire
Prevention Specialist) certification as outlined below, and the opening of the
associated State Fire Training task book. Company Officer also requires
completion of the NBFD (internal) Captain's task book. Proof of course
comDletion must accomoanv this aoDlication and be in the form of one of the
following:
1) A certificate from the Office of the State Fire Marshal.
2) A letter from the Office of the State Fire Marshal certifying the
employee has completed the course(s).
11 NBFA MOU 20195-20214-8
8-17
HIME1.._
Certificate achievement Dav is continaent upon emDlovee's satisfactor
completion of the initial probationary period with the Newport Beach Fire
Department and completion of the required coursework for Company Officer
(formerly known as Fire Officer) or Fire Inspector II (formerly known as Fire
Prevention Specialist) certification as outlined below, and the opening of the
associated State Fire Training task book. Company Officer also requires
completion of the NBFD (internal) Captain's task book. Proof of course
comDletion must accomoanv this aoDlication and be in the form of one of the
following:
1) A certificate from the Office of the State Fire Marshal.
2) A letter from the Office of the State Fire Marshal certifying the
employee has completed the course(s).
11 NBFA MOU 20195-20214-8
8-17
3) Transcripts from an accredited college, university or entity, or
certificates indicating the employee has been credited for course
completion.
NBFA members shall receive 3.0 % of base pay for either Company Officer or
Fire Inspector II course completion, opening of the associated State Fire
Training task book, and completion of NBFD (internal) Captain's task book
(Company Officer only).
H. 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.
Emolovees who enter the above assianments after the aooroval of this
MOU will be assigned for three years, after which they will rotate out of their
assignment (assuming there are qualified replacements) absent an
extension by the Fire Chief, who shall have the option to authorize up to
two one-year extensions. Notwithstanding the above, employees currently
assigned as Shift Fire Investigators shall be subject to rotation effective
July 1, 2019. Removal from any of these special assignments at the end
of the prescribed term shall not trigger any right of appeal.
The parties agree that to the extent permitted by law, Shift Fire Investigator
Pay is special compensation and shall be reported to CalPERS as Fire
Investigator Premium pursuant to Title 2 CCR, Section 571(a)(4) and
571.1(b)(3).
*Subject to modification by the department.
12 NBFA MOU 20195-20211-8
8-18
-3-.2. 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
(which will vary based on the needs of the Department as determined
by the Fire Chief) 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
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 shall Reed RE)t meet
the minimum requirements for the position to which they are moved up
to. Such €employees whe do moo+ the MORD l im ro.. iiromon+c fer +ho
POSitieR 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 (for time actually working in the moved up assignment)
shall be computed as follows:
Firefighter to Engineer
Regular rate +5%
Firefighter (hired prior to January 1, 2016)
to Paramedic
Regular rate +22.25%
Firefighter to Captain
Regular rate +5%
Engineer (hired prior to January 1, 2016)
to Paramedic
Regular rate +9.75%
Engineer to Captain
Regular rate +5%
Paramedic to Captain
Regular rate +5%
Captain to Battalion Chief
Regular rate +59-.5%
If an employee is moved up and is using leave, Aµ the leave time shall
be paid at the employee's regular rate of pay in the rank from which
he/she was moved up. 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.
13 NBFA MOU 20195-2021
8-19
1
WIYA 1 .22
�ii►n
The following positions shall be considered for move -up assignments:
Fire Battalion Chief
Fire Captain
Fire Paramedic
Fire Engineer
Assignments to a ##e 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.
The parties agree that to the extent permitted by law, pay for move up
assignments is special compensation and shall be reported to CalPERS
as such pursuant to Title 2 CCR, Section 571(a)(3) but not for new
members as defined by the Public Employees' Pension Reform Act of
2013.
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, ec-ation, SiGk leave and pad -Flex
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.
14 NBFA MOU 20195-2021
8-20
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.
The parties agree that to the extent permitted by law, Tiller Pay is
special compensation and shall be reported to CalPERS as such
Dursuant to Title 2 CCR. Section 571(a)(4) and 571.1(b)(3).
J. Paramedic Traini
Following adoption of this 2015 18 MOU, the City will establish a The parties
agree to a competitive process for which up to a maximum of thregfeur (34)
current Firefighters (no more than two (2) per fiscal year) -ass of
2-016, mays be selected, based on the operational needs of the Fire
Department, to attend Paramedic school during the term of thise 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.
JK. 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.
15 NBFA MOU 20195-20211-9
8-21
KL
Shift Holdover
Unit members who are held over at the conclusion of any shift shall be
compensated at the appropriate rate for each hour, or portion
thereof, the employee worked beyond the end of the shift. ^nY member heli)
ever afteshift e-pensated at tirne and a half fnr all time werkec
d iriRg the work neried in eXGeGG of the maximum permitted i Inde e
icinnc of Seetinn 29 USC ink
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 at the appropriate rate. If an
employee works less than (4) hours, he/she will receive four hours of
compensation at the appropriate rate. If an employee works for four (4) hours
or more, he/she will receive compensation for the time worked at the
appropriate rate. for thus hourworked ard-GOMPeRsation for time worked
therT
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.
The parties agree that to the extent permitted by law, the Bilingual pay in this
section is special compensation and shall be reported to CalPERS as such
pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) Bilingual Premium.
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 ast
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
16 NBFA MOU 20195-20211-9
8-22
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
16 but less than 20
20 but less than 25
25 and over
Longevity Pay
1.5%
2.5%
3.5%
The parties agree that to the extent permitted by law, Longevity Pay is special
compensation and shall be reported to CalPERS as such pursuant to Title 2
CCR, Section 571(a)(1) and 571.1(b)(1).
SECTION 3 - LEAVES
A. Flex Leave
1. Unit members shall accrue flex leave as follows as set forth in the chart
below. The amounts that are listed in the column entitled "Maximum
Accrual" include both the maximum accrual of flex leave (52 pay periods
worth of flex leave) and also include the amount of holiday time which
the parties have agreed that employees
}�may
,�accrue per Section 3C
(Holiday Time).l mutually lly i IRdersteed-that aGGrual rates-habeen
mm edified to provide fnr the IORge city inGrease sot fnr4h below.
Leave
Years of Srvc
Line Employees*:
Accrual
Hrs/Pay Period
Maximum Accrual
1 but less than 5 9.77 796.12
5 but less than 9 10.69 843.96
9 but less than 12 11.62 892.32
12 and over 12.54 940.16
Staff and Non -Safety Employees:
1 but less than 5 6.97 568.36
5 but less than 9 7.63 602.68
9 but less than 12 8.33 639.08
12 and over 8.95 671.32
17
NBFA MOU 20195-20214-8
8-23
2. 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.
C.
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.
Unit members shall accrue three months of flex leave (as
provided in the charts in paragraph Al above) immediately upon
completion of three (3) months continuous employment with the
Newport Beach Fire Department, provided however, this amount
shall be reduced by any flex leave time advanced during the first
three months of employment.
r
• �iil�i�r� ���s�i��121 •
E-Arned Flex, leave IR eXGess of the maximum permitted �is
GUrrently paid bi weekly at the member's heudy rate ef pa)�.-
2012, earned leave on eXGess of the maximurn
permitted was - _ - - members
Effective january 1, 2016 spillover shall be eliminated and Uunit
members shall not be permitted to accrue Flex leave in excess
of the maximum permitted, unless the employee is unable to use
18 NBFA MOU 20195-202149
8-24
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.
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 separation from termination of the employment
relationship evnent as nreyided by Sen+ion 3(i).
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 teta; value of leave" for all members shall
identified in the budget get a��LEAV�VEDAGE FUND." UN ." GNotwithstanding,
0
19 NBFA MOU 20195-2021U
8-25
■�
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 teta; value of leave" for all members shall
identified in the budget get a��LEAV�VEDAGE FUND." UN ." GNotwithstanding,
0
19 NBFA MOU 20195-2021U
8-25
1 I �
IMP
r
r
r 1
few N 1 N 1
\■
1
1 I �
CB. 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. The parties agree,
to the extent permitted by law. the comaensation in this section is
special compensation for those employees who are normally required
to work on an approved holiday because they work in positions that
require scheduled staffing without regard to holidays and shall be
reported as such aursuant to Title 2 CCR. Section 571(a)(5) and
571.1(b)(4) Holiday Pay.
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
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.
20 NBFA MOU 20195-20214,8
8-26
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
The holiday benefit for sStaff employees shall be as follows: rye
the fnllnWinn fi ill i Paid helidays•
Staff employees shall accrue 3.96 hours of holiday leave per pay period
(102.96 hours per year). This holiday leave is to provide leave for
employees for the following twelve (12) holiday
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 and . In addi+ieR Staff nleyees will be entitled to one
floating holiday at the member's elen+inn
The holiday leave accrued will be added to employees' flex leave banks.
The maximum accrual of flex leave set forth in in Section 3A1 above
includes 205.92 hours which is two years (52 pay periods) of holiday
IAAVP._
Even though the holiday leave is added to employees' flex leave banks,
sStaff employees may be required to take specified City holidays off at
the sole discretion of the Fire Chief. If that occurs, Ttime will be charged
against the employee's Flex leave bank.
Notwithstanding the holiday leave benefit provided above, newly hired
non -sworn Sstaff employees shall have the one-time option (at the time
of hire) to of-accrueiRg holiday time as pay. If that occurs, such an
employee's flex leave maximum accrual (addressed in Section 3A1
above) will be reduced by 205.92 hours which is two years (52 pay
periods) of holiday leave.
If holiday time is provided as pay (if, that election as made as provided
above) it shall not be reported to CalPERS as special compensation per
California Code of Regulations 571(a)(5) fer emnleyees whe are no+
normally required +e work OR on onnrn"_ heliday because these
employeesthey do not work in positions that require scheduled staffing
without regard to holidays, shall nn+ be perted as sperm
Asa+inn under California (porde of Rena ile+ies 571 .
3. Holiday Time Election
21 NBFA MOU 20195-2021
8-27
Effective following adoption of the 2015-18 MOU, or as soon thoreaf+or
spFQet;c-ahl,�Teall then current unit members werewill be provided
another one-time opportunity to change all or a portion of their future
annual holiday benefits to pay or time off. The City -NM provided a 28 -
day window (2 pay periods) for employees to make the new election.
Once selected, the election becameshall-be uniform from year to year.
All other elements of the election wereshafl 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
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 nro„is ions
onTthieGtin�all Ret diminishor r G^ arly rights a member may have
pursuant to applGahlo 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 in the
City of Newport Beach Administrative Procedure.
G. Jury Duty
l ;rl„T memberswho are -aSSig ieed to Iin POSitiGrls arld are Galled to jury duty
shall be eXG ised for ^ash twenty-four (24) hour shift d ir!Rg whish the member
is roof iir Nd to attorld ooi in and sit OR a jury or await assignment Employees
who are summoned to perform jury service shall be entitled to their regular
compensation while serving; provided the fees, except mileage and
subsistence allowance, if any, which they receive as jurors, are remitted to the
City.
If an employee calls in at night and finds out that he/she must report to jury
duty the next day (and is scheduled to be working that day as part of a regular
22 NBFA MOU 20195-20214-8
8-28
shift or on an overtime basis) he/she must contact his/her Battalion Chief as
soon as possible so that coverage can be arranged for his/her shift.
Ht. Worker's Compensation Leave
The City will comply with the provisions of .•• ••- section 4850 for
workers'• Den satio n claims.
U. 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
23 NBFA MOU 20195-20211-9
RMIROJ
SHOP-
MI.
INNIMM.-
-
-
-
NRI
N I ON
IIIIIIAI
MOM
ITT MIM
Ht. Worker's Compensation Leave
The City will comply with the provisions of .•• ••- section 4850 for
workers'• Den satio n claims.
U. 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
23 NBFA MOU 20195-20211-9
RMIROJ
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.
JK 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.
K. Early Relief
The parties acknowledge Department of Labor regulation, 29 CFR section
553.225 that provides:
"It is a common practice among employees engaged in fire protection activities
to relieve employees on the previous shift prior to (between the hours of 0600
and 0800) the scheduled starting time. Such early relief time may occur
pursuant to employee agreement, either expressed or implied. This practice
will not have the effect of increasing the number of compensable hours of work
for employees employed under section 7(k) where it is voluntary on the part of
the employees and does not result, over a period of time, in their failure to
receive proper compensation for all hours actually worked. On the other hand,
if the practice is required by the employer, the time involved must be added to
the emDlovee's tour of dutv and treated as compensable hours of work."
The parties acknowledge that if there is early relief, the City does not require
it. The Association agrees that it will advise the Human Resources Director in
writing if at any time in the future it learns or believes that the City is requiring
early relief. If that occurs. early relief will immediately end.
24 NBFA MOU 20195-20211-9
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 recognized employee organization greap 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 E;CC/ G'ati
Will GOOpperrate OR suinditieno�pptig�hbenefiZt_s to be availohle
through the Cafeteria Dlon
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.
Effective the pay issue that includes:
G7:RG7Ttifr7�Tir�:�T T11. .l MIM M, I
1011
.... . ..
25 NBFA MOU 20195-20211-8
8-31
January 1, 2019, the City's contribution towards the Cafeteria Plan will
increase by $200.00, to $1,824.00 (plus the minimum CaIPERS
participating employee's contribution).
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.
EmDlovees electina to oot out of medical coveraae offered by the Cit
because they have provided proof of minimum essential coverage
("MEC") through another source (other than coverage in the individual
market, whether or not obtained through Covered California) will
receive a maximum cafeteria allowance of $1.000.00 Der month.
$1,149 per MORth. EffeGtive the first pay issue OR jaRuary 2016,
.. AllewanGe will be $1,000 per menth.
3. Dental
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
the City's health plan offerings
Information Committee.
plan shall be maintained as part of
s agreed upon by the Benefits
26 NBFA MOU 20195-20214-8
8-32
011
• r _
r
1
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.
EmDlovees electina to oot out of medical coveraae offered by the Cit
because they have provided proof of minimum essential coverage
("MEC") through another source (other than coverage in the individual
market, whether or not obtained through Covered California) will
receive a maximum cafeteria allowance of $1.000.00 Der month.
$1,149 per MORth. EffeGtive the first pay issue OR jaRuary 2016,
.. AllewanGe will be $1,000 per menth.
3. Dental
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
the City's health plan offerings
Information Committee.
plan shall be maintained as part of
s agreed upon by the Benefits
26 NBFA MOU 20195-20214-8
8-32
B. Additional Health Insurance/Proarams
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
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 66.67% gross weekly wages
Maximum Benefit
Minimum Benefit
Waiting Period
$10,000/month
$15 (STD) and $100 (LTD)
30 Calendar Days (STD)
180 Calendar Days (LTD)
Employees shall pay one percent (1%) of base salary as a post -tax
deduction for this benefit.
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.
responsibilityGORGurreRt with the GeMmeRGemeRt of this program, employees
assumed ._ .
.1
,4.1, perGeRt of base salary. SimultaReeuslyT
the Gity OnGreased base wages by one (1.0%) PeFGent.
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
27 NBFA MOU 20195-2021
8-33
reduced by 50% of the pre -70 amount. This amount remains in effect
until the employee retires from City employment.
C. 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.
D. PERS Retirement Benefit
1. Retirement Formula
The City contracts with the California Public Employees Retirement
System ("CalPERS" 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.
28 NBFA MOU 20195-20211-8
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 or
compensation earnable, 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:
Effective the aav aeriod which includes January 1. 2019. all
members in Tier I and II shall contribute the full statutory member
contribution equal to 9% of pensionable compensation earnable
plus an additional half of one percent (.5%) of compensation
earnable for a total of 3.5% of compensation earnable of the
Emglover rate for a total contribution of 12.5% of- compensation
earnable
Effective the pay period which includes January 1, 2020, all
members in Tier I and II shall contribute the full statutory member
contribution equal to 9% of pensionable compensation earnable
29 NBFA MOU 20195-20214-8
8-35
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Effective the aav aeriod which includes January 1. 2019. all
members in Tier I and II shall contribute the full statutory member
contribution equal to 9% of pensionable compensation earnable
plus an additional half of one percent (.5%) of compensation
earnable for a total of 3.5% of compensation earnable of the
Emglover rate for a total contribution of 12.5% of- compensation
earnable
Effective the pay period which includes January 1, 2020, all
members in Tier I and II shall contribute the full statutory member
contribution equal to 9% of pensionable compensation earnable
29 NBFA MOU 20195-20214-8
8-35
plus an additional half of one percent (.5%) of compensation
earnable for a total of 4.0% of compensation earnable of the
Employer rate for a total contribution of 13.0% of compensation
earnable.
Effective the pay period which includes January 1, 2021, all
members in Tier I and II shall contribute the full statutory member
contribution equal to 9% of pensionable compensation earnable
plus an additional half of one percent (.5%) of compensation
earnable for a total of 4.5% of compensation earnable of the
Employer rate for a total contribution of 13.5% of compensation
earnable.
Tier III:
The normal member contribution rate for Tier III members is 50%
of the total normal cost and is calculated annually for possible
adjustments as provided in the PERS valuations. For Fv15 1 R
and CV1 R_1 7 the m erher GE)Rtribe hien is 11.25% and 10.5% of
pensionable nompensation respentiyely.
Effective the oav aeriod which includes January 1. 2019. Tier III
unit members will contribute the full statutory member
contribution. If that rate is less than 12.5% of pensionable
compensation these employees will contribute an additional
percentage of pensionable compensation of the Employer rate to
achieve a total contribution of 12.5% of pensionable
compensation.
Effective the aav period which includes January 1. 2020. Tier III
unit members will contribute the full statutory member
contribution. If that rate is less than 13% of pensionable
compensation these employees will contribute an additional
percentage of pensionable compensation of the Employer rate to
achieve a total contribution of 13% of pensionable compensation.
30 NBFA MOU 20195-20211-8
8-36
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Effective the oav aeriod which includes January 1. 2019. Tier III
unit members will contribute the full statutory member
contribution. If that rate is less than 12.5% of pensionable
compensation these employees will contribute an additional
percentage of pensionable compensation of the Employer rate to
achieve a total contribution of 12.5% of pensionable
compensation.
Effective the aav period which includes January 1. 2020. Tier III
unit members will contribute the full statutory member
contribution. If that rate is less than 13% of pensionable
compensation these employees will contribute an additional
percentage of pensionable compensation of the Employer rate to
achieve a total contribution of 13% of pensionable compensation.
30 NBFA MOU 20195-20211-8
8-36
Effective the pay period which includes January 1, 2021, Tier III
unit members will contribute the full statutory member
contribution. If that rate is less than 13.5% of pensionable
compensation these employees will contribute an additional
percentage of pensionable compensation of the Employer rate to
achieve a total contribution of 13.5% of pensionable
compensation.
Non Safety
Tier I:
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ensionable compensation for the CalPERS member
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31 NBFA MOU 20195-20214-9
8-37
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31 NBFA MOU 20195-20214-9
8-37
and an additional 2.58% of pensionable compensation as cost
sharing pursuant to Government Code §20516(0. Employees
shall contribute a total of 13.0% of pensionable compensation for
retirement contributions.
Tiers Il and !I!:
`ffeGtive noxi peried iRGli diRg lona lord 1 2017, e`m�yeej
+n -Tiers II unit members and III -shall contribute °
of pensionable nE)mnonco±inn fer a total employee contribution of
13.0% of PeRSOGRable compensation earnable - seven percent
(7%) member contribution and six percent from cost sharing per
Government Code section 20516(f).
Tier III
Tier III unit members will contribute the rate established b
CalPERS as half the normal cost. In addition, these members will
contribute the difference between half the normal cost and 13.0%
as cost sharing per Government Code section 20516(f) to achieve
a total 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.
32 NBFA MOU 20195-20214-8
8-38
1. wavem.
. _
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`ffeGtive noxi peried iRGli diRg lona lord 1 2017, e`m�yeej
+n -Tiers II unit members and III -shall contribute °
of pensionable nE)mnonco±inn fer a total employee contribution of
13.0% of PeRSOGRable compensation earnable - seven percent
(7%) member contribution and six percent from cost sharing per
Government Code section 20516(f).
Tier III
Tier III unit members will contribute the rate established b
CalPERS as half the normal cost. In addition, these members will
contribute the difference between half the normal cost and 13.0%
as cost sharing per Government Code section 20516(f) to achieve
a total 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.
32 NBFA MOU 20195-20214-8
8-38
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
1. 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.
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.
33 NBFA MOU 20195-20211-9
•
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 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): $2.50 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).
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
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.
34 NBFA MOU 20195-20211-9
LOW
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.
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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 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.
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,
35 NBFA MOU 20195-20211-9
W in
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 Ca1PERS statutory minimum amouna 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
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.
36 NBFA MOU 20195-2021
8-42
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 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.
37 NBFA MOU 20195-20211-9
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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.
37 NBFA MOU 20195-20211-9
G. Tuition Reimbursement and Training
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.
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%) of the actual cost of tuition, parking fees, travel
and lodging expenses. Unit members who must stay in lodging to attend
such classes, courses or seminars because of their location are
required to seek single occupancy governmental rates (at GSA rates)
when booking lodging for the class, course or seminar. Reimbursement
for more than single occupancy governmental rates will be provided
only if such rates are not available and if approved by the Fire Chief.
Job-related courses, training and seminars will be considered pre -
authorized in the following areas: Management and supervision, oral
38 NBFA MOU 20195-2021
19,
r
„ � DOW
G. Tuition Reimbursement and Training
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.
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%) of the actual cost of tuition, parking fees, travel
and lodging expenses. Unit members who must stay in lodging to attend
such classes, courses or seminars because of their location are
required to seek single occupancy governmental rates (at GSA rates)
when booking lodging for the class, course or seminar. Reimbursement
for more than single occupancy governmental rates will be provided
only if such rates are not available and if approved by the Fire Chief.
Job-related courses, training and seminars will be considered pre -
authorized in the following areas: Management and supervision, oral
38 NBFA MOU 20195-2021
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. All purchases need to be approved by the Fire Chief. 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.
39 NBFA MOU 20195-20211-9
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 regular^e;t status, subject to the
following:
i. Credit shall be given only for continuous service subsequent to
the most recent appointment to regul aEpermaReRt 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.
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 Gity Manage
40 NBFA MOU 20195-2021
iI•
shal,l-QetermiRe those Qass,ifiEat+e,RS whiGh Gonst�itute a Q
eres. n
this bargaining unit the following are the Series which exist: 1)
Firefighter, Fire Engineer, Firefighter/Paramedic and Fire Captain;
2) Life Safety Specialist I, Life Safety Specialist II and Life Safety
Specialist III; and 3) Fire Facilities Coordinator.
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. TemperaFy and p robationary employees within any
Classification shall, in that order, be laid off before permanent
employees.
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 thea Series within the bargaining unit,
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.
cd. 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,
41 NBFA MOU 20195-20211-9
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 accWMWlaied-SiGk leave to the ext
permitted by the Employee PeliGy Manual.
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 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
RegularPe;t 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. 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
42 NBFA MOU 20195-20211-9
(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 (including vaping and e -cigarettes) 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 and the Association 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
43 NBFA MOU 20195-2021
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 which shall be subject to
the right of the employee and/or the Association to seek judicial review per
Code of Civil Procedure section 1094.5.
The Grievance Procedure is the sole and exclusive method by which an
emolovee or the Association may challenae a provision of this MOU.
48/96 Schedule
The Fire Department currently operates with a 48/96 schedule. A City
nr__ epesal to rnedify this SGhed� shall he s bjeGt tO moot and nnnfor
J. Consecutive Shifts
Effentiye GORGurrent with this 2015 1 8 MO IExcept for employees assigned
to " strike teams" unit members areae 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 'Additional consecutive shifts may be
permitted with mutual agreement between the employee and the -A## Battalion
Chief unless there are operational needs. In which case,
the Department may extend the number of consecutive shifts which will be
worked by employees.
K. Reauirement to Live Within 150 Miles of Citv Limits
Unit members hired after January 1, 2019 are required to live within 150 miles
of the Citv limits.
M. MMIddr-
44 NBFA MOU 20195-2021
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■ r rPOPOW
• r
M. MMIddr-
44 NBFA MOU 20195-2021
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r • r 1
11111
• r ••• l r r• r •
IN '10-
1
Signatures are on the next page.
45 NBFA MOU 20195-2021
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Executed this day of , 2018.
NEWPORT BEACH FIREFIGHTERS ASSOCIATION
Bobby Salerno, NBFA President
CITY OF NEWPORT BEACH
Duffy Duffield, Mayor
APPROVED AS TO FORM:
Peter J. Brown, Special Counsel
ATTEST:
Leilani Brown, City Clerk
Attachment: EXHIBIT A - NBFA Represented Classifications and Pay Rates
46 NBFA MOU 20195-20214&
8-52
ATTACHMENT B
3 -Year Contract 2.0% COLA each year with additional 0.5% pension pick up for safety in Year 1, increasing to 1.0%
in Year 2, increasing to 1.5% in Year 3; and $200 increase per month in cafeteria starting in Year 1
sg, 11/13/18
112 Authorized Safety Employees
FY 19 Adopted
6 Authorized Miscellaneous Employees
Base Pay
Supplemental Pay
Scholastic Pay
Certification Pay
Holiday Pay
Longevity
Bilingual
Special Assignment Pay - PERS
Special Assignment Pay - Non PERS
Tiller Pay (5% per hour driving tiller)
FLSA overtime
Budget
12,763,935
543,649
315,738
525,611
91,791
19,800
43,204
14,791
20,000
275,000
Subtotal 1,849,585
Pension Contribution Z
1,745
Pension Normal Cost (Misc =16,212%, Safety = 27.435%)
3,922,780
Pension Unfunded Actuarial Liability (Misc = 21.480%, Safety = 45.857%)
7,007,046
Subtotal
10,929,826
Other City Paid Benefits 3
73,923
MediCare (mandatory payment of 1.45%)
244,740
Compensated Absences
444,271
Cafeteria Plan (increase $200/month starting in Year 1)
2,487,912
Employee Assistance Program (EAP)
2,470
Uniform Allowance
177,142
Cellphone & Smartphone Allowance
8,220
Life Insurance (policy based on annual base pay with cap of $50,000)
12,495
Medical - Physical °
49,445
Retiree Health Savings (Post Employment Healthcare Contribution )3
159,282
Subtotal
3,585,978
Offset - Employee PERS Pension Pick Up (Misc = 13%, Safety =12% going to 13.5%)
(1,780,515)
Subtotal
(1,780,515)
Overtime
3,884,915
Total
31,233,724
Year 1 Year 2 Year 3
Total 3 -Year
2.0% 2.0% 2.0% Cost
255,279 515,663 781,255 1,552,197
10,873 21,963
6,315 12,756
10,512 21,235
1,836 3,708
864
1,745
296
598
400
808
5,500
11,110
36,596
73,923
78,347 79,914
138,257 141,023
216,604 220,936
33,276 66,112
19,326 38,396
32,172 63,919
5,618 11,163
2,644
5,254
905
1,799
1,224
2,432
16,832
33,442
111,997
222,516
81,512 239,773
143,843 423,123
225,355 662,896
4,232
8,549
12,952
25,733
8,935
18,048
27,344
54,327
283,200
283,200
283,200
849,600
(106,695)
(181,780)
(106,695)
(181,780)
81,472
83,102
779,623
1,021,641
(326,452)
(614,927)
(326,452)
(614,927)
84,611
249,185
1,200,263
3,001,527
1 Estimate based on Fiscal Year 2018-19 Adopted Budget.
z This is the normal cost based on 7% returns and projected UAL without discretionary payments.
3 Retiree Health Savings based on Calendar Year 2017 contributions.
Physical base pulled from the average of 3 physical years. Salary only increase 2.00% 4.04% 6.12%
Total comp increase 2.50% 3.27% 3.84%
8-53