HomeMy WebLinkAbout07 - MOU - Newport Beach Professional/Technical Employees AssociationCITY OF NEWPORT BEACH
ADMINISTRATIVE SERVICES DEPARTMENT
Resource Management Division
November 14,1996
C -ao61
Agenda Item 7 (32�)
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dennis Danner, Administrative Services Director 0.0 -
SUBJECT: MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH
PROFESSIONAWECHNICAL EMPLOYEES ASSOCIATION
DISCUSSION:
The current agreement with the Professional/Technical Employees Association expired
on December 31, 1995. The terms of the agreement were extended through June 30,
1996 with the mutual consent of the City and the Association while negotiations were
ongoing for a new agreement. It was the City's goal to provide a fair and competitive
salary and benefit package to the Association members while reducing certain benefits
that would achieve a long term significant cost savings to the City. The
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Professional/ Technical Employees Association was very cooperative and helpful in
achieving this goal.
The City and the Association reached tentative agreement on a new contract earlier this
year. The new agreement will cover the period from January 1, 1996 through June 30,
1997. Following are the significant conditions of this agreement:
1. Compensation Adjustment:
Effective the first pay period of July, 1996, the City will provide a 3 percent
salary adjustment to all Association members.
2. Revised Flex Leave Schedule:
A. Current employees will accrue flex leave at the current accrual rates,
however, one day will be eliminated from each accrual range effective
the first pay period of July, 1997.
B. Effective July 1, 1997, employees on the vacation/sick leave accrual
schedule shall have their vacation accumulation reduced by 8 hours
per year.
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C. Employees hired after July 1, 1996, will accrue flex leave at the
following rates:
Years of Service Accrual Rate (Days ver Year)
1 but less than 5 16
5 but less than 10 18
10 but less than 15 21
15 but less than 20 23
20 and over 26
In addition, these employees will not be eligible for flex leave spillover
pay.
D. Effective January, 1997, employees will be eligible for flex leave
spillover pay only if they have used 80 hours of flex leave in the
previous 12 calendar months. (For calendar year 1997 only, 40 hours
must have been used in calendar year 1996.)
3. Salary Step Reduction:
Effective July 1, 1996 the salary schedule will be reduced by 10 percent by
adding two lower 5 percent steps. All step increases will be at 12 month
intervals.
4. Revised Holiday Schedule: •
Effective July 1, 1996, one floating holiday shall be eliminated from the
holiday accrual schedule.
5. Tuition Reimbursement:
Effective July 1, 1996, tuition reimbursement shall be capped at $1,000 per
employee.
6. Health Insurance Opt Out:
Effective July 1, 1996, the City will implement a system whereby employees
with proof of alternative medical coverage could opt out of the City plan
and receive, in lieu, $200 monthly cash payment.
7. Retiree Medical:
Agree to achieve cost containment of retiree medical insurance through
meetings of the Medical Advisory Committee. Cap at $400 per month .
contribution by City and active employees.
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8. Disability Coverage:
The City will be reviewing and adjusting the Short Term Disability and
extended Workers' Compensation benefits over the next twelve months.
9. 1959 Survivor Benefit:
The contract with PERS will be amended to provide the Level 3 1959
Survivor Benefit to members of this Association.
10. PERS 2% @ 55 Actuary:
Prior to negotiations for the period commencing July 1, 1997, the City
agrees to obtain an actuarial quotation from PERS on the cost of the 2% at 55
program.
ANALYSIS:
As stated previously, in entering negotiations this year with the various employee
organizations, it was the City's goal to provide a fair and competitive salary and benefit
package to the association members while reducing certain benefits that would achieve
a long term significant cost savings to the City. The Professional/Technical Employees
Association was very cooperative and innovative in achieving this goal.
The approximate total cost of the proposed salary adjustment for the
Professional/Technical Employees Association is calculated as follows:
1996-97
3.00% Salary Increase (07-01-96)
The approximate total savings of the proposed adjustments for the
Professional/Technical Employees Association are calculated as follows:
Loss of one Holiday
Flex Leave Usage Requirement
Health insurance buyout
Salary Step Change
Tuition Reimbursement
Reduced Leave Accrual
Retiree Medical
Total Savings
Thus the total net first year cost is $42,000.
1996-97
$ 12,000
10,000
6,000
13,000
2,000
3,000
0
i-46,000
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RECOMMENDATION:
It is recommended that the City Council approve the attached Memorandum of
Understanding between the City and the Professional/Technical Employees
Association which covers the period from January 1, 1996 through June 30,1997.
C:\WINWORD\DENNISWP\PROFTECH.DOC 11/14/96 4.56PM
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH
M l
THE NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES
ASSOCIATION
JANUARY 1, 1996 THROUGH JUNE 30, 1997
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NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES
ASSOCIATION •
TABLE OF CONTENTS
Preamble............................................................................
Section 1 - GENERAL PROVISIONS
Recognition................................................................ 1
Duration of Memorandum ............................................... 2
Scope....................................................................... 2
Conclusiveness............................................................ 3
Modifications.............................................................. 3
Savings..................................................................... 3
Section 2 - COMPENSATION
Salary Adjustments........................................................ 4
SalarySteps................................................................ 4
Compensation for Overtime -Normal Overtime ........................ 4
Call -Back Duty............................................................ 5
CourtTime................................................................. 5
Accumulation of Compensatory Time Off ............................. 6
Incidental Overtime....................................................... 6
Night Shift Differential................................................... 6
Section 3 - LEAVES
FlexLeave................................................................. 6
VacationLeave............................................................ 8
HolidayLeave............................................................. 9
Sick Leave Accrual ......................... :.............................. 10
Bereavement Leave ....................................................... 12
Section 4 - FRINGE BENEFITS
Insurance................................................................... 12
The Retirement Benefit ................................................... 14
Tuition Reimbursement.................................................. 15
Section 5 - MISCELLANEOUS/WORKING CONDITIONS
9/80 Scheduling Plan ......................:.............................. 15
Reductions in Force/Layoffs............................................ 15
Promotional Preference .................................................. 18
Labor Management Committee .......................................... 18
Grievance Procedure..................................................... 18
Performance Evaluation .................................................. 19
Employee Handbook ..................................................... 20
Exhibit A
. MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU") is entered into with reference to the following:
PREAMBLE
1. The Newport Beach Professional and Technical Employees
Association ("NBPTEA"), 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.
2. NBPTEA representatives and City representatives have reached
a tentative agreement as to wages, hours and other terms and
conditions of employment to apply to all affected employees
through June 1997. Said employees desire to reduce their
agreement in writing, and to present such agreement, in the
form of this MOU, to the city Council of the City of Newport
Beach for approval.
3. This MOU, upon approval by NBPTEA 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.
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. 7173,
the City acknowledges that NBPTEA is the majority
representative for the purpose of meeting and conferring
regarding wages, hours and other terms and conditions of
employment for all employees in those classifications
specified in Exhibit "A" or as appropriately modified in
accordance with the Employer/Employee Resolution. All
other classifications and positions not specifically
included within Exhibit "A" are 'excluded from
representation by NBPTEA.
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Duration of Memorandum.
1. Except as specifically provided otherwise, any
ordinance, resolution or action of the City Council
necessary to implement this MOU shall be considered
effective as of January 1, 1996. This MOU shall
remain in full force and effect until June 30,
1997, 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 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 similar to this
MOU.
SCOAe.
All present written rules and current established
practices and employees' 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.
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. 7173. Management Rights include,
but are not limited to, the following:
(a) the determination of the purposes and
functions of City Departments;
(b) the establishment of standards of service;
(c) to assign work to employees as deemed
appropriate;
(d) the direction and supervision of its
employees;
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(e) the discipline of employees;
• (f) the power to relieve employees from duty for
lack of work or other legitimate reasons;
(g) to maintain the efficiency of operations;
(h) to determine the methods, means and personnel
by which Police Department operations are to
be conducted;
(i) the right to take all necessary actions to
fulfill the Department's responsibilities in
the event of an emergency;
(j) the exercise of complete control and
discretion over the manner of organization,
and the appropriate technology, best suited to
the performance of departmental functions.
The practical consequences of a Management
Rights decision on wages, hours, and other
terms and conditions of employment shall be
subject to the grievance procedures.
D. Conclusiveness.
• This MOU contains all of the covenants, stipulations,
and provisions agreed upon by the parties. Therefore,
for the life of this MOU, neither party shall be
compelled, and each party expressly waives its rights to
request the other 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.
F. Modifications.
Any agreement, alteration, understanding, variation, or
waiver or modification of any of the terms or provisions
of this MOU shall not be binding upon the parties unless
contained in a written document executed by authorized
representatives of the parties.
G. Savinas.
Should any part of this MOU be rendered or declared
• illegal or invalid by legislation, decree of court of
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competent jurisdiction or other established governmental
administrative tribunal, such invalidation shall not
affect the remaining portions of this MOU.
SECTION 2. - Compensation
A. Pay for Time worked
Salary Adiustments
Effective the first pay period of July, 1996,
salaries shall be increased by 3%.
For the term of this agreement, the City will pay
each Miscellaneous members contribution to the
Public Employees Retirement System (PERS) not to
exceed 7%. Said retirement pick-up should be
credited to the employees individual account with
PERS.
2. Salary Steps
Effective December 1, 1996, two additional steps
(designated A and B with existing salary steps
redesignated C through H) shall be added to the
compensation schedule for each classification
represented by NBPMA. The first salary step (A)
shall specify a salary for the classification that
is ten percent (10%) lower than the current first
step in the salary range. The second additional
step shall be 5% lower than the first step in the
current salary range. All step advancements shall
occur at 12 month intervals. All other existing
salary step advancement rules shall apply.
Compensation for Overtime - Normal Overtime
A. Definitions
i. Miscellaneous Employee - An employee
designated as a miscellaneous member of
the Public Employees Retirement System
(PERS).
ii. Overtime Employees - Normal overtime is
defined as any scheduled hours worked in
excess of the basic work week. For the
purposes of this section, the basic work
week is 40 hours, or as determined by the
Department Director and approved by the
City Manager which occurs between a fixed
and regularly recurring period of 168
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hours - 7 consecutive 24 hour periods -
• beginning at 0001 on Saturday and ending
at midnight the following Friday.
iii. Definition of Hours Worked - Hours worked
are defined as hours which employees are
required to be performing their regular
duties or other duties assigned by the
City.
iv. Compensation - Normal overtime for all
non-exempt employees shall be paid at
one -and -one-half (1-1/2) times the hourly
rate of the employee's bi-weekly salary
rate. Reporting of overtime on payroll
forms will be as prescribed by the
Administrative Services Director.
4. Call -Back Dutv
a. Defined
Call back duty requires the employee to
respond to a request to return to his/her work
station after the normal work shift has been
completed and the employee has left his/her
normal work station. Those periods of
overtime which had been scheduled by the
Department Director prior to the end of the
normal work shift are not considered call-back
duty.
b. Compensation
All personnel eligible for overtime pay shall
be guaranteed two (2) hours pay, or pay for
one -and -one-half (1-1/2) times the number of
hours worked, whichever is greater. Reporting
of overtime on payroll forms will be
prescribed by the Administrative Services
Director.
5. Court Time
Employees who are required to appear in Court
during their off-duty hours in connection with City
business shall received overtime compensation for
the number of hours they spend in court, with a
minimum of two (2) hours of such compensation.
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6. Accumulation of Compensatory Time Off
Employees may accumulate up to eighty (80) hours of •
Compensatory Time. Any hours in excess of eighty
(80) will be paid off. Accumulation in excess of
the eighty (80) hours may be approved at the
discretion of Department Director.
i. Compensatory time off for non-exempt employees
shall accrue at the rate of time -and -a -half
for every overtime hour worked.
7. Incidental Overtime
a. Defined
Incidental overtime is any extension of the
basic work shift of less than 1/10 of an hour
that is non -recurrent.
b. Compensation
Incidental overtime is not compensable.
8. Night Shift Differential
The City agrees to pay $1.00 per hour night shift .
differential for Employees working a regularly
scheduled work shift of which four or more hours
are worked between the hours of 5:00 p.m. and 5:00
a.m. Overtime worked as an extension of an
assigned day shift shall not qualify an employee
for night shift differential. The differential pay
is paid only for hours actually worked.
SECTION 3 - Leaves
A. Flex Leave
Permanent full-time employees enrolled in the flex leave
program will earn leave to the following schedule:
Years of continuous
Accrual per
Annual
service
pay period/hrs
Days
1 but less than 5
5.85
19
5 but less than 9
6.46
21
9 but less than 12
7.08
23
12 but less than 16
8.00
26
16 but less than 20
8.62
28
20 but less than 25
9.23
30
25 and over
9.85
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Effective the first payroll period in July, 1997, these
accrual rates shall be adjusted as follows:
Years of continuous
Accrual per
Annual
service
pay -period/hrs
Days
1 but less than 5
1 but less than 5
5.54
18
5 but less than 9
6.15
20
9 but less than 12
6.77
22
12 but less than 16
7.69
25
16 but less than 20
8.31
27
20 but less than 25
8.92
29
25 and over
9.54
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Employees hired, or rehired, by the City of Newport
Beach on or after July 1, 1996, shall accrue flex leave
at the following rates:
Years of continuous
Accrual per
Annual
service
-pav period/hrs
Days
1 but less than 5
4.92
16
5 but less than 10
5.53
18
10 but less than 15
6.46
21
15 but less than 20
7.08
23
20 and over
8.00
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During the first six months of employment, new permanent
full-time employees shall not accrue paid leave. At the
completion of six months of employment six (6) months of
accrued flex leave will be placed in the employees
account. Employees who are assigned to an 88 hour
schedule per pay period will accrue time in
proportionate amounts.
Note: If an employee becomes sick in the first six
months of employment, the City will advance up to six
(6) months of potentially accrued flex leave time to be
used for illnesses only. If employee terminates
employment prior to six months, the City will subtract
the pay equivalent of the number of flex leave days
advanced from the employees final check. Any flex leave
time advanced during the first six months of employment
will be subtracted from the six (6) months of accrual
placed in the employees account upon completion of six
months employment.
a. Limit on Accumulation
Employees may accrue flex leave up to an
accumulated total equal to seventy eight (78) times
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the members bi-weekly accrual rate. Any flex leave
earned in excess of this level will be paid on an
hour for hour basis in cash at the employee's
hourly rate of pay. Members hired prior to July
1, 1996 shall be paid for earned flex leave in
excess of the maximum permitted accrual at the
member's hourly rate of pay. Effective January 1,
1997, members shall be eligible for flex leave
spillover pay only if they have utilized at least
eighty (80) hours of flex leave (forty (40) hours
for calendar year 1996 only) the previous calendar
year. Employees who have not utilized the required
amount of leave the prior calendar year shall not
be eligible to accrue time above the maximum
accrual limit.
Employees first hired, or rehired by the City
subsequent to July 1, 1996 shall not be eligible
for flex leave spillover pay and shall not be
entitled to accrue flex leave in excess of the flex
leave accrual threshold.
b. Method of Use
Flex leave may not be taken in excess of that
actually accrued and in no case, except for
illness, may it be taken prior to the completion
of an employee's initial probationary period.
The Department Director shall approve all requests
for flex leave taking into consideration the needs
of the Department, and whenever possible the
seniority and wishes of the employee. Flex leave
may be granted on an hourly basis.
B. Vacation Leave
1. Basis for Accrual/Full-Time E=Iovees >
Employees entitled to vacation leave -with -pay shall
accrue such leave based on years of continuous
service and the number of hours in a normal work
week for the position to which they are assigned in
accordance with the following schedule:
Years of Accrual
Continuous Per Pay Period
Service 40
0 but less than 5 3.69
5 but less than 9 4.30
9 but less than 12 4.92
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Effective the first payroll period in July, 1997,
the vacation accrual schedule will be modified as
follows:
Years of Hours in
Continuous Normal Work Week
Service 40
0
but
less
than 5
12
but
less than 16
5.53
16
but
less than 20
6.15
. 20
but
less than 25
6.77
25
and
over
7.38
Effective the first payroll period in July, 1997,
the vacation accrual schedule will be modified as
follows:
Years of Hours in
Continuous Normal Work Week
Service 40
0
but
less
than 5
3.38
5
but
less
than 9
3.99
9
but
less
than 12
4.61
12
but
less
than 16
5.22
16
but
less
than 20
5.84
20
but
less
than 25
6.46
25
and
over
7.07
Limit on Accumulation
Accrual of vacation days in excess of those earned
for two years of continuous service is not
permitted past December 31st of each year with the
following exception: with approval of the
Department Director, an employee may accrue
vacation days in excess of the two-year limit
provided all such excess accumulation is taken by
March 31st of the following year.
Method of Use
Vacation may not be taken in excess of that
actually accrued and in no case, except for entry-
level employees, may it be taken prior to the
completion of an employee's initial probationary
period. Entry level employees may use vacation
after the completion of the initial twelve (12)
months of probation. The Department Director shall
schedule and approve all vacation leaves for
employees taking into consideration the needs of
the Department, and whenever possible, the
seniority and wishes of the employee.
C. Holiday Leave
Subject to the provisions herein, the following days
shall be observed as paid holidays by all employees in
permanent positions and other personnel whose work
assignments, in the judgment of the Department Director
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require their presence on the job. For each designated
holiday, except the Floating Holiday, such excepted .
personnel shall receive an equivalent number of hours of
paid leave or equivalent pay whichever in the judgment
of the Department Director best serves the interest of
the Department.
Independence Day
July 4
Labor Day
1st Monday
in Sept.
Veteran's Day
November 11
Thanksgiving Day
4th Thurs.
in November
Friday following Thanksgiving
Christmas Eve
Last 1/2 of
working day
Christmas
December 25
New Year's Eve
Last 1/2 of
working day
New Year's Day
January 1
Washington's Birthday
3rd Monday
in February
Memorial Day
Last Monday
in May
Floating Holiday (2)
Effective the 1st payroll period in July 1996, one
floating holiday shall be eliminated.
1. With the exception of Christmas Eve and New Year's
Eve, when a designated holiday occurs on Sunday,
the following Monday will be observed. If
Christmas Eve or New Year's Eve occurs on Saturday •
or Sunday, the employee shall receive 4 hours
vacation or flex leave for each holiday added to
his/her accumulated total. When any other
designated holiday occurs on Saturday, the employee
shall receive 8 hours vacation or flex leave for
each holiday added to his/her accumulated total.
2. In addition, for all employees who have completed
one year of service, an additional 8 hours of
floating holiday will be added to his/her vacation
or flex leave accumulated total on the first pay
period in July each year. Those who have completed
less than one year of service receive 0 hours of
floating holiday.
Sick Leave Accrual
1. Basis for accrual/Full-time Employees
Full-time, regular employees shall accrue sick
leave based on the number of hours in a normal work
week for the position to which they are assigned in
accordance with the following schedules:
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W
• Service Time Monthly
Accrual Accrual
0-1
year
4
hours
1-2
years
5
hours
2-3
years
6
hours
3+
3-4
years
7
hours
4+
8
hours
A. General
Sick leave may not be taken in excess of that
actually accrued. Except as noted, an
employee serving ,his/her initial probation
period is eligible to use his/her accumulated
sick leave provided that if for any reason
his/her City employment is terminated prior to
the completion of such probationary period,
his/her final paycheck shall be reduced by the
value of the sick leave he/she has taken.
After completion of the initial twelve (12)
months of probation period, entry-level
employees shall not have used sick leave
deduced from their final paycheck if they have
maintained a satisfactory or higher
performance evaluation rating throughout the
probationary period.
Sick leave may be granted on an hourly basis.
B. Approval
Sick leave may be granted only at the
direction of or with the approval of the
Department Director and only for the purposes
defined in Section 703.1.
3. Family Sick Leave Policy
Employees are authorized to use up to forty (40)
hours of accrued sick leave per calendar year for
an illness of a dependent.
4. Sick Leave Conversion
Employees who at the end of the calendar year have
an accrued level of sick leave equal to or greater
than the full value of 50 months of accrued sick
. leave, and who have used six or less days of sick
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leave during that calendar year will be permitted
(only once per year) to convert up to six (6) days •
of sick leave to either salary or paid vacation at
the value of 50% (maximum value of 3 days per
year). Eligible sick leave days converted to cash
shall be at the employee's option. Eligible sick
leave days converted to paid vacation shall require
the approval of the Department Director.
E. Bereavement Leave
The provisions of the Bereavement Leave Policy
applicable to affected employees are as follows:
Defined. The necessary absence from duty by an employee
having a regular or probationary appointment, because of
death or terminal illness in his/her immediate family.
For the purposes of this section, immediate family shall
mean father, mother, brother, sister, wife, husband,
child, father-in-law and mother-in-law.
Maximum Allowed. Such leave shall be limited to five
(5) working days per calendar year.
Probationary Employees. An employee serving his/her
initial probationary period who takes leave under this
section who for any reason terminates his/her employment •
prior to the completion of such probationary period
shall have his/her final paycheck reduced by the value
of the leave taken.
SECTION 4. - Frinae Benefits.
A. Insurance.
1. Health Insurance Contribution.
The City shall make available to all NBPTEA members
the PERS health insurance programs and a second
health care plan. City shall pay the health and
dental premium for each NBPTEA member, up to a
maximum of $400 per month.
Health Care Opt Out
Employees will be allowed to opt out of the City's
health plans (medical, dental and vision), and if
they choose to do so they shall receive $200 per
month. To qualify the employee would be required
to supply evidence of alternative medical coverage,
and to sign a hold harmless agreement, releasing
the City from any responsibility as a health care .
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• provider.
3. Vision Insurance
The existing vision care plan shall be maintained
as part of the City's indemnity insurance policy
for the term of this agreement.
4. Information Committee.
City has established a Medical/Dental Information
Committee composed of one representative from each
employee group and up to three City
representatives. The Medical/Dental Information
Committee has been established to allow the City to
present data regarding carrier and coverage
options, the cost of those options, appropriate
coverage levels and other health care issues. The
purpose of this Committee is to provide each
employee group with information about health care
issues and to receive timely input from
associations regarding preferred coverage options
and levels of coverage. City shall provide
information to the Committee in December, February
and April of each year during the term of this MOU.
• 5. Disability Insurance
The cost of disability insurance is 1% of monthly
salary up to a maximum of $75.00 per month. The.
City will share in paying the cost of the
disability insurance premiums for employees who
meet the following criteria:
Employees with less than 160 accrued sick leave
hours are required to pay 100% of the premium cost.
Employees who have accrued less than 320 hours of
accrued sick leave shall be required to pay one-
half (50%) and the City will pay the remaining one-
half (50%) of above premium. The City shall pay
100% of the disability insurance premium for
employees who have accrued 320 or more hours of
sick leave.
All regular full-time employees accruing Flex -leave
hours shall pay their disability insurance premiums
with less than 160 accrued Flex -leave hours; the
employee one-half (50%) and the City one-half (50%)
of above premiums with 160 or greater but less than
208 accrued Flex -leave hours; and the City shall
pay 100% of the premiums with 208 accrued Flex -
leave hours; and the City shall pay 100% of the
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premiums with 208 accrued Flex -leave hours.
It shall be understood that the City's paid leave •
programs shall be maintained in compliance with all
of the provisions of the Family Medical Leave Act.
The City and Association agree to participate in a
City-wide committee to restructure the existing
disability insurance -leave program.
6. Life Insurance
The City shall provide life insurance for all
regular full-time employees in $2,500 increments
based on annual salary up to $50,000 per year.
7. Retiree Medical Insurance
The parties agree that during the term of this
Agreement, the maximum combined contribution by the
City and active employees for retiree medical
insurance shall not exceed $400.00 per month.
Further, the City and Association agree to work,
through a City wide committee, on a variety of
issues involving retiree medical insurance in an
attempt to achieve cost containment and equity .
amongst the City's retiree medical programs.
Regular, full-time employees agree to pay 25% of
retiree insurance premiums. The current retiree
insurance premium of $15.12 per month shall remain
constant until such time as the City and the NBPTEA
agree on a final resolution for the funding of
retiree medical insurance premiums. Also, the City
agrees not to burden employee contributions to the
retiree medical plan for any plan participants that
were not considered regular employees with the
City.
B. The Retirement Benefit
The City contracts with PERS to provide retirement
benefits for its employees. The retirement formula is
the 2% @ 60, calculated on the basis of the best/highest
year. The City pays both the employee and the employer
contribution, but the City reports the value of the.
Employer Paid Member Contribution (EPMC), so the
employees will have the benefit of the EPMC in their
retirement formula calculations. Prior to negotiations
for the period commencing July 1, 1997, the City agrees
to obtain an actuarial quotation from PERS on the cost
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of the 2% at 55 retirement program.
C. Tuition Reimbursement
NBPTEA 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. Maximum
tuition reimbursement for employees shall be $2,213.00
per fiscal year. Effective July 1, 1996 the maximum
amount of reimbursement shall be $1000.00 per fiscal
year. Reimbursement is contingent upon the successful
completion of the course. Successful completion means a
grade of "C" or better for undergraduate courses and a
grade of "B" or better for graduate courses. All claims
for tuition reimbursement require the approval of the
Personnel Director.
SECTION 5. Miscellaneous/Working Conditions
A. 9/80 Scheduling Plan
The City agree to maintain flex -scheduling where it is
currently operating successfully.
B. 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. "Layoffs" or "Laid Off" shall mean the non -
disciplinary termination or employment.
b. "Seniority" shall mean the time an employee has
worked in a Classification or Series calculated
from the date on which the employee was first
granted permanent status in the current
Classification or any Classification within the
Series, subject to the following:
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i) Credit shall be given only for continuous
service subsequent to the most recent
appointment to permanent status in the
Classification or Series;
ii) Seniority shall include time spent on
industrial leave, military leave, and leave of
absence without pay, but shall not include
time spent on any other authorized or
unauthorized leave of absence.
C. "Classification" shall mean one or more full time
positions identical or similar in duties not
including part-time, seasonal or temporary
,positions. Classification within a Series shall be
ranked according to pay (lowest ranking, lowest
pay).
d. "Series" shall mean two or more classifications
within a Department which require the performance
of similar duties with the higher ranking
classification(s) characterized by the need for
less supervision by superiors, more difficult
assignments, more supervisory responsibilities for
subordinates. The City Manager shall determine
those classifications following a meet and consult
process which constitute a Series.
e. "Bumping Rights", "Bumping" or "Bump" shall mean
(1) the right of an employee, based upon seniority
within a series to bump into a lower ranking
classification within the same series, (2) to be
followed by, an employee being permitted to bump
into a classification within a different series.
The latter bumping shall be based upon unit wide
seniority and shall be limited to a classification
in which the employee previously held regular
status.
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.
PROCEDURE
In the event the City Manager determines to reduce the
number of employees within a classification, the
following procedures are applicable:
a. Temporary and probationary employees within any
classification shall, in that order, be laid off
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before permanent employees.
b. Employees within a classification shall be laid off
in inverse order of seniority;
C. An employee subject to layoff in one classification
shall have the right to bump a less senior employee
in a lower ranking classification within a series.
An employee who has bumping rights shall notify the
Department Director within three (3) working days
after notice of layoff of his/her intention to
exercise bumping rights.
d. In the event two or more employees in the same
classification are subject to layoff and have the
same seniority, the employees shall be laid off
following the Department Director's consideration
of established performance evaluations.
NOTICE
Employees subject to lay-off shall be given at least
thirty (30) days advance notice of the layoff or thirty
(30) days pay in lieu of notice. In addition, employees
laid off will be paid for all accumulated paid leave,
holiday leave (if any), and accumulated sick leave to
the extent permitted by the Personnel Resolution.
REEMPLOYMENT
Permanent and probationary employees who are laid off
shall be placed on a Department re-employment list in
reverse order of layoff. The re-employment list shall
expire in 18 months. 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
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, first
class postage prepaid, 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
Personnel Director.
SEVERANCE
If an employee is laid off from their job with the City,
for economic reasons, the City will grant severance pay
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in an amount equal to one week of pay for every full
year of continuous employment service to the City of
Newport Beach.
Promotional Preference
Where no less than 2 unit members achieve top three
ranking on a certified eligible list, selection to the
position shall be made with preference given to the unit
members so qualified. Position vacancy announcements
for all available City positions shall be distributed in
a manner that reasonably assures unit members access to
the announcements.
Labor Manaaement Committee
The City will work with NBPTEA leadership, through its
managers, to establish labor-management committees
departmentally whenever it is mutually determined it is
appropriate to do so.
Grievance Procedure
Any employee or group of employees may file a grievance
regarding the interpretation or application of the
"Employer -Employee Relations Resolution" (RESOLUTION NO.
7173), this MOU, or of rules and regulations, adversely
affecting an employee's wages, hours, or conditions of
employment.
A grievance shall be filed according to the following
procedure:
Step 1: A grievance may be filed by any employee on
his/her own behalf, or jointly by a group of employees,
or by a Recognized Employee Organization.
Within ten (10) calendar days of the event giving rise
to a grievance, the grievant shall present the grievance
in writing to the immediate supervisor. Grievances not
presented within the time period shall be considered
resolved.
The supervisor shall meet with the grievant to settle
grievance and give a written answer to the grievant
within seven (7) calendar days from receipt of the
grievance by the supervisor. When the immediate
supervisor is also the department head the grievance
shall be presented in Step 2.
Step 2: If the grievance is not resolved in Step 1, the
grievant may, within fourteen (14) calendar days from
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his/her receipt of the supervisor's answer, forward the
• grievance to the department head for consideration.
Answer to the grievance shall be made in writing by the
department head, after conferring with the grievant,
within fourteen (14) calendar days from receipt of the
grievance.
Step 3: If the grievance is not resolved in Step 2,
appeal to Step 3 may be made by the grievant within ten
(10) calendar days from the receipt of the department
heads answer, through the representative of his/her
Recognized Employee Organization who may request a
meeting with the City Representative to resolve the
grievance. Following the meeting, answer shall be made
by the City Representative, in writing, to the
representative within twenty-one (21) calendar days.
Step 4: If the grievance is not resolved in Step 3,
appeal to Step 4 may be made by the grievant within 20
calendar days of receipt of the City Representative's
answer. The grievant may, through the representative of
his/her Recognized Employee Organization request, in
writing, a hearing before the Civil Service Board.
At the next regularly scheduled meeting of the Civil
Service Board the grievance shall be heard, using Civil
Service Board DeNovo procedures. Within 20 calendar
days of the hearing the Civil Service Board shall issue
its findings and conclusions to the parties at interest.
Within 7 calendar days of the issuance of Civil Service
Board findings and conclusions the City Manager shall
affirm, modify or revoke the Board's decision. The City
Manager's decision shall be considered exhaustive of
administrative remedies.
F. Performance Evaluation
1. PREPARATION: Review the employees previous
evaluation and identify changes in performance.
All performance evaluations shall be based on the
job description. The City shall maintain the job
description in a manner which reflects the current
duties and responsibilities of the job. The City
will make copies of the current job description
available to each employee upon request.
2. COMPLETION OF THE RATING: Review any documentation
and discuss its relationship to the performance
ratings assigned for the current rating period.
. Assign ratings to each item on the form, basing
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them on factual information or upon observable
behavior. 0
Write narrative information and examples to support
the ratings, especially those that are weak or
strong or have changed from the previous
evaluation.
3. REVIEW PROCESS: The evaluation must be approved by
the rater's Department Head prior to presentation
to the employee.
Present the evaluation to the employee in an
environment conducive to clear communication.
Attempt to resolve items in dispute in a factual
manner. Conclude by presenting the rating criteria
for the next rating period.
Any changes resulting from the review must be
approved by the rater's Department Head prior to
completion.
4. POST REVIEW PROCESS: The employee is given a copy
of the final rating when Department Head review is
completed. Evaluations with an overall rating of
Improvement Needed or Unsatisfactory may be
appealed at the discretion of the employee at step
two of the Grievance Procedure. The employee may
attach a rebuttal to any evaluation prior to its
placement in his/her permanent personnel file.
5. RATING SCHEDULE: Employees may receive a
performance evaluation at any time, but all
employees will receive at least one performance
evaluation annually in coordination with their
anniversary date. Any evaluation not rendered
within 30 calendar days of its due date will be
considered a Competent overall rating for any
subsequent use or purpose.
Additionally, the City and NBPTEA agree to expand
the grievance procedure as it relates to
performance evaluations and written reprimands,
permitting them to be appealed to the 4th step of
the grievance procedure.
G. Employee Handbook
The City will prepare a handbook of rules, benefits, and
policies to be distributed to all covered employees.
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Executed this day of , 1996:
NEWPORT BEACH PROFESSIONAL AND TECHNICAL
EMPLOYEES ASSOCIATION
By:
Janice Manning, Negotiation Team
By:
Stephen Luy, President
By:
Gilbert Wong, Negotiation Team
By:
. ATTEST:
CITY OF NEWPORT BEACH
By:
John Hedges, Mayor
John O'Malley, Negotiation Team
By:
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robert H. Burnham, City Attorney
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EXHIBIT A
Professional Technical Classes
Administrative Analyst
Administrative Assistant
Apps Analyst/Trainer
Building Inspector I
Building Inspector II
Building Inspector, Senior
Civil Engineer
Civil Engineering Assistant
Code Enforcement Officer
Code Enforcement Officer, Senior
Code Enforcement Supervisor
Computer Systems Technician
Computer Applications Analyst/Trainer
Engineering Technician I
Engineering Technician II
Engineering Technician, Senior
Field Engineer
GIS Analyst/Trainer •
GIS Mapping Assistant
Harbor Inspector
Permit Technician
Planner
Planner, Assistant
Planner, Senior
Programmer
Public Works Inspector, Senior
Survey Instrument Worker
Survey Party Chief
Traffic Engineering Technician
Urban Forester
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