HomeMy WebLinkAbout02 - MOU - Newport Beach City Employees Association• CityCouncil(zenda
Item No. 2
September 8, 1997
CITY OF NEWPORT BEACH BYrrECI,;'CCUNC1�
ADMINISTRATIVE SERVICES DEPARTME CITY OF NEWPORT BERCH
Resource Management Division
September 8, 1997
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dennis Danner, Administrative Services Director XtM
SUBJECT: MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH CITY
EMPLOYEES ASSOCIATION
DISCUSSION:
The current agreement with the City of Newport Beach City Employees Association (CEA)
expired on June 30, 1997. The term of the agreement was extended through the present
time, with the mutual consent of the City and the Association, while negotiations were
underway on a new agreement. An agreement was recently reached between the City and
this Association, the new Memorandum of Understanding (MOLT) was prepared, and each
party reviewed and approved the MOU. The new agreement provides for a 3% salary
increase for members of this Association while retaining language for negotiation reopeners
on such things as Retiree Health Insurance and the City's Disability Program for
miscellaneous employees. There were no other increases in compensation or benefits
included in the new agreement. The new contract will expire on June 30, 1998. If approved
by the City Council, the 3% salary increase will be retroactive to the first pay period of July,
1997. The estimated cost of providing this salary increase to the CEA for the 1997-98 fiscal
year is $111,000 and funds were included in the City's current budget for the increase.
RECOMMENDATION:
It is recommended that the City Council approve the attached Memorandum of
Understanding between the City and the City Employees Association for the period July 1,
1997 to June 30, 1998.
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
"MOU") is entered into with reference to the following:
PREAMBLE
1. The Newport Beach City Employees Association ("NBCEA"), 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.
NBCEA representatives and City representatives have reached a
tentative agreement as to wages, hours and other terms and
conditions of employment for the period from July 1, 1997 to
June 30, 1998 and this tentative agreement has been embodied
in this MOU.
This MOU, upon approval by NBCEA 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. 7173,
the City acknowledges that NBCEA 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 NBCEA.
B. Duration of Memorandum
1. Except as specifically provided otherwise, any
ordinance, resolution or action of the City Council
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necessary to implement this MOU shall be considered
effective as of July 1, 1997. This MOU shall
remain in full force and effect until June 30,
1998, and the provisions of this MOU shall continue
after the date of expiration of this MOU in the
event the parties are meeting and conferring on a
successor MOU.
The 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.
C. Release Time.
1. Three NBCEA officers designated by the NBCEA shall
be granted 40 hours paid release time maximum per
designee, annually, for the conduct of NBCEA
business. Such time shall be exclusive of actual
time spent in collective bargaining and shall be
scheduled at the discretion of the NBCEA officer.
Every effort will be made to schedule this time to
avoid interference with City operations.
2. Release time designees shall be identified annually
and notice shall be provided to the City. Release
time incurred shall be reported regularly in the
form and manner prescribed by the City.
3. Activities performed on release time shall include
representation of members in rights disputes;
preparation for collective bargaining activities,
and distribution of NBCEA written communication in
the work place.
D. Employee Data and Access.
The City shall provide NBCEA a regular list of all unit
members including name, department, and job title.
NBCEA designated officers shall be entitled to solicit
membership from new employees at their work site. This
solicitation shall be made from the RELEASE TIME FOR
NBCEA OFFICERS total, and shall be scheduled in a manner
that is not disruptive to departmental operations.
Department heads may determine appropriate times for new
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employee contact, but they cannot reasonably deny such
contact.
E. 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
competent jurisdiction or other established governmental
administrative tribunal, such invalidation shall not
affect the remaining portions of this MOU.
H. Permanent Part -Time Employees
City permanent part-time employees are recognized to
have due process rights, in particular Skelly rights, as
provided to regular employees. Membership in NBCEA by
part-time employees does not confer on same recognition
as a labor organization for purposes of collective
bargaining.
SECTION 2 - Comuensatioa
A. Pay for Time Worked
1. Salary Adiustments
Effective the first pay period of July, 199G7,
salaries shall be increased by 3%.
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For the term of this agreement, the City will pay
each member's contribution to the Public Employees
Retirement System (PERS) not to exceed 7%. The
retirement pick-up shall be credited to the
employee's individual account with PERS.
2. 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. Miscellaneous 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 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.
3. Standby Duty
a. Defined
i. To be ready to respond immediately to
calls for service;
ii. To be reachable by telephone;
iii. To remain within a specified distance
from his/her work station; and
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iv. To refrain from activities which might__
impair the employee's ability to perform
his/her assigned duties.
b. Compensation
Standby duty shall be compensated at the rate
of one (1) hour of overtime compensation for
each eight (8) hours of such duty. Standby
duty on holidays shall be compensated at the
rate of two (2) hours of overtime compensation
for each (8) hours of standby duty. Should
the employee be required to return to work
while on standby status, the provisions
pertaining to compensation for call-back pay
shall apply for the actual period of time the
employee is in a work status.
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 receive 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 the Department Director.
a. Compensatory time off for non-exempt employees
shall accrue at the rate of time -and -a -half
for every overtime hour worked.
b. All compensatory time earned must be reported
to the payroll section on the departmental
time sheets in the "A.O." column.
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.
S. Pension Fund
NBCEA shall have the right to designate, once
during the term of this agreement, a portion of
salary for represented employees to the LIUNA
Pension Fund. This contribution is made at the
election of NBCEA and shall be deducted from
salary. Contributions shall be made on a hourly
basis; not to exceed forty (40) hour per week.
The City's sole obligation shall be to forward
designated amounts to the fund. NBCEA and LIUNA
shall indemnify and hold harmless the City against
any and all claims made as a result of its action
pursuant to this section.
Monies diverted to the
considered as salary
comparison purposes.
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pension fund shall be
for all compensation
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Pay for Time Not Worked
1. 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
pav -period/hrs
Days
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
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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 pay 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 26
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.
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a. Limit on Accumulation
Employees may accrue flex leave up to an
accumulated total equal to seventy eight (78) times
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 provided that they
have utilized at least eighty (80) hours of flex
leave 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. Any fraction
over an hour shall be charged to the next full
hour.
C. Niaht Shift Differential
Unit members shall receive a
$1.00 per hour; payable for
pm.
night shift differential of
each hour worked after 5:00
D. Incentive Shift for Library Members
For CEA members in Library Division, the Sunday work
shift will be considered an "incentive" shift. Unit
members working on Sunday who work five hours.but less
than eight will receive eight hours incentive pay at the
regular hourly rate. This article is not to be
construed as to impact on other City rules.
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E. Assignment Pay
At the discretion of the Planning Director, an
assignment pay of 7.5% of salary shall be paid to the
unit member, other than the Planning Commission
Secretary, designated to provide clerical support to the
Planning Commission.
SECTION 3. Leaves
A. vacation Leave
1. Basis for Accrual/Full-Time Employees
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 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
2. 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.
3. 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
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after the completion o
of probation. The
schedule and approve
employees taking into
the Department, and
seniority and wishes
leave may be granted on
B. Holiday Leave
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f the initial six (6) months
Department Director shall
all vacation leaves for
consideration the needs of
whenever possible, the
of the employee. Vacation
an hourly basis.
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
require their presence on the job. For each designated
holiday, except the Floating Holidays, 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
Labor Day
Veteran's Day
Thanksgiving Day
Friday following
Christmas Eve
Christmas
Thanksgiving
New Year's Eve
New Year's Day
Washington's Birthday
Memorial Day
Floating Holiday (1)
July 4
1st Monday
November 11
4th Thurs.
in Sept.
in November
Last 1/2 of working day
December 25
Last 1/2 of working day
January 1
3rd Monday in February
Last Monday in May
Eligibility and use
according to Memoranda
of Understanding.
Holiday pay will be paid only to employees who work
their scheduled day before and scheduled day after
a holiday or are on authorized leave (e.g.)
approved vacation or sick leave that has been
reviewed and approved by the Department Director.
2. Newly hired employees will be eligible to receive
full pay for scheduled holidays, without a waiting
period.
3. "Floating Holiday" eligibility allows for newly
hired employees to earn their first floating
holiday credit, eight (8) hours, at the same time
as they receive their regular appointment status,
which allows the successful completion of their
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probationary period.
C. Sick Leave
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:
Normal Work Week
40 hours
Service Time Monthly Accrual
0-1
year
4
hours
1-2
years
5
hours
2-3
years
6
hours
3-4
years
7
hours
4+
8
hours
2. Method of Use
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 six (6) months
probation period, entry-level employees shall
not have used sick leave deducted 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 of the Personnel
Rules.
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D. Family Sick Leave Policy
Employees are authorized to use five (5) eight (8) hour
days of accrued sick leave per calendar year for an
illness of a dependent which requires the presence of
employee.
The eligibility definition for family sick leave shall
be defined as an immediate family member or a person for
whom you are the primary contributor to their support
according to IRS specifications.
E. 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 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.
This is true for only those employees who are under the
old Sick Leave Policy.
F. Bereavement Leave
The Bereavement Leave Program shall be as follows:
The necessary absence from duty by an employee having a
regular or probationary appointment, because of the
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, mother-in-law and grandparents.
SECTION 4 - Fringe Benefits.
A. Insurance.
1. Health and Dental Insurance
The City shall make available to all NBCEA members
the PERS health insurance programs and a second
health care plan. City shall pay the health and
dental premium for each NBCEA member, up to a
maximum of $400 per month.
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Vision Insurance
The existing or a comparable vision care plan shall
be maintained as part of the City's indemnity
insurance policy for the term of this agreement.
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.
The Committee shall solicit bids on an alternative
dental HMO carrier during the term of this
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Retiree Medical Insurance
For the term of this agreement, the parties agree
that the maximum contribution by the City and
active employees for retiree medical insurance
shall not exceed $400 per month. The active
employees contribution shall be 25% of the cost of
the retiree medical insurance program for the life
of this agreement.
The City will allow the previously enrolled spouse
of a retiree to continue to be covered under the
Retiree Health Insurance Policy offered by the
City.
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.
Medical Opt Out
Employees will be allowed to opt out of any of the
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City's health plans, and if they choose to do so they
may receive $200 per month. To qualify the employee
would be required to supply evidence of alternative
coverage, and to sign a hold harmless agreement,
releasing the City from any responsibility as a health
care provider.
C. Disability Insurance
Under the new paid leave program, the following rules
will govern access to the disability insurance program:
1. Employee must be enrolled in the disability
program.
2. All existing sick leave accumulated in an.
employee's sick leave bank must be used.
3. If 240 or more hours have been used by an employee
for the illness that exhausts the sick leave bank,
the employee may opt to go immediately into the
disability plan.
4. All others must use at least five days or one-third
of available paid leave whichever is greater before
opting to use the disability plan.
5. In all cases there is a five working day waiting
period for use of the disability plan. Employees
without accumulated sick leave banks or accumulated
paid leave must be away from work for five days
before opting into the disability plan.
6. City will pay the cost of disability insurance
according to the following schedule:
Accrued leave (sick, paid or combination) of 160
hours but less than 280 hours - 508 paid.
Accrued leave (sick, paid or combination) of 280
hours or more - 100% paid.
When an employee having five years of service with
the City is on an approved disability leave of
absence (up to a maximum of one year) , the City
will pay one-third of the cost of the employee's
insurance (health, life and disability); for an
employee with ten years of service, the City will
pay two-thirds of the cost; the City will pay the
entire cost for an employee with fifteen years or
more of service.
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Refer to Personnel Resolution 703.6 Extended Sick
Leave for employees enrolled in new paid leave
program.
The City and Association agree to participate in a
City-wide committee to restructure the existing
disability insurance -leave program.
D. Tuition Reimbursement
NBCEA 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 $1,000.00
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 Administrative Services
Director.
SECTION 5. Miscellaneous
A. Administration and Maintenance of Classification Plan
The City Manager shall be responsible for the
administration and maintenance of the classification
plan. Periodically, the City Manager shall direct a
review of the existing classification plan to ensure
that it is effectively maintained and that it reflects
any significant changes in the duties and
responsibilities of positions. Should an employee have
cause to believe that significant changes have occurred
in his/her duties and responsibilities without being
reflected in their classification description, they may
advise their Department Director in writing of their
concern. This communication should clearly describe the
specific changes in duties and responsibilities, and
should be referred through the chain of command to the
Department Director. The Department Director will
consider the request and within 60 days either reject it
at his/her level or refer it to the Human Resources
Division for further evaluation. If the Department
Director does not respond to the subject employee within
60 days, the employee may refer the request directly to
the Human Resources Division. The Human Resources
Division will either reject the request or refer it to
the City Manager with a recommendation to modify the
classification description. The City Manager has the
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final authority to approve or reject the recommendations
of the Human Resources Division as they effect any
modifications to the classification plan.
The classification and reclassification of positions
shall be the responsibility of the City Manager, subject
to budgetary authorization and to Civil Service Board
approval when positions in the classification service
are involved. No reclassification of a position shall
be made without the prior knowledge of employee(s) in
the position.
when a position is reclassified upward, the incumbent of
the position being reclassified shall be reclassified
with the position. If the position being reclassified
has not been occupied by one individual for a period of
one year, continuously prior to the reclassification,
the reclassified position may be filled by recruitment.
Unless, in the judgment of the Department Director,
there are exceptional circumstances such recruitment
shall be closed promotional.
Any reclassification request denied by the Personnel
Director shall be returned to the employee with a
written statement of the reasons for the denial.
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
1. "Layoffs" or "Laid Off" shall mean the non -
disciplinary termination of employment.
2. "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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a) Credit shall be given only for continuous
service subsequent to the most recent •
appointment to permanent status in the
Classification or Series;
b) 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.
3. "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).
4. "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.
5. "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 .
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classification shall, in that order, be laid off
before permanent employees.
b. Employees within a classification shall be laid off
in inverse order of seniority;
C. An employee subject to layoff in one classification
shall have the right to bump a less senior employee
in a lower ranking classification within a series.
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
Human Resources Division Manager.
SEVERANCE
If an employee is laid off from their job with the City,
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for economic reasons, the City will grant severance pay
in an amount equal to one week of pay for every full
year of continuous employment service to the City of
Newport Beach up to ten (10) weeks of pay.
C. Transfer and Reassignments
The City acknowledges that before arriving at a final
decision involving the transfer or reassignment of work
schedules of those employees represented by the NBCEA,
the seniority and preference of the employee is taken
into consideration.
D. 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.
E. Labor Management Committee
Committees shall meet quarterly on an annual schedule;
names of participating unit members shall be announced
to management no less than 5 working days before the
scheduled meeting; cancellation for cause shall be
rendered by the canceling party no less than 48 hours
prior to the scheduled meeting; canceled meetings shall
be rescheduled to take place within 5 working days of
the canceled meeting; committees shall be departmental;
they may be combined in the interests of efficiency with
other such committees; City participants shall include
appropriate department or division heads outside the
unit; the purpose of the committees shall be to resolve
conflict and exchange information; a unit staff person
may attend meetings; meetings shall be scheduled to last
no less than one hour; grievances in process shall not
be subject to resolution in meetings; matters properly
dealt with in negotiations may be discussed but no
agreements shall be effected on same in committee.
Meetings shall be on work time.
The Committees shall include a Library Committee with
two unit members participating; and three additional
Committees, one of which shall meet in each quarter of
the year on a continuing rotational basis.
1. Building/Planning/Engineering: Minimum
representation shall include one NBCEA member and .
19
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one management representative.
2. Finance: Minimum representation shall include two
NBCEA members and two management representatives.
3. All other City departments: Minimum representation
shall include three NBCEA members and three
management representatives.
The City and NBCEA agree that initial committee
establishment will require good faith effort to effect
the spirit of this agreement.
F. Discioline - Notice of Intent
Employees who are to be the subject of substantial
punitive discipline for any misconduct or negligence
shall be entitled to prior written notice of intent to
discipline at least seven (7) calendar days prior to the
imposition of the actual penalty. This written notice
shall contain a description of the event or conduct
which justifies the imposition of discipline. The
notice shall also include the specific form of a
discipline intended, and the employee shall be offered.
the opportunity to a hearing before their Department.
Director prior to the imposition of the penalty.
This procedure will only be applied in cases of
substantial punitive discipline. It shall be understood
that a disciplinary penalty equal to an unpaid
suspension of three (3). days or greater shall be
substantial. All other discipline resulting in less
than a three (3) day suspension will be considered non -
substantial and will not be subject to the
aforementioned procedure.
This understanding is not intended to in any way reduce
the rights of employees to due process. Employees who
have become the subject to discipline and who believe
that the penalty is not justified shall have access to
the grievance procedure as established in the Employee -
Employer Resolution #7173.
G. Grievance Procedure
1. 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
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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.
2. Step 2: If the grievance is not resolved in Step
1, the grievant may, within fourteen (14) calendar
days from 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: Within 20 calendar days of receipt of a
grievance denial at step three, the grievant may
file the grievance, in writing, with the Civil
Service Board.
At the next regularly scheduled meeting of the
Civil Service Board, the grievance shall be heard,
using Civil Service Board De Novo 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 Boards
decision. The City Managers decision shall be
considered exhaustive of administrative remedies.
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Performance evaluation ratings and written
reprimands are excluded from this Step Four
grievance process, and shall be dealt with as
currently provided in the Discipline Code.
H. Performance Evaluation
1. PREPARATION: The Supervisor shall 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: The Supervisor shall
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 them on factual
information or upon observable behavior.
The Supervisor shall 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.
The Supervisor shall 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.
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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 NBCEA 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.
TRANSFERS AND REASSIGNMENTS: The City and the
NBCEA agree to modify the "transfers and
assignments" article in the MOU to read as follows:
"The City acknowledges that before arriving at a
final decision involving the transfer or
reassignment of work schedules of those employees
represented by the NBCEA, the seniority and
preference of the employee will be taken into
consideration.
I. Service Awards
For the purpose of determining service awards, if an
employee has been employed by the City on more than one
occasion, non-consecutive time will be considered as
part of total service. Prior to system implementations,
an employee is required to individually notify the
awards committee of all of the service time.
There will be a consolidation of documents to be given
to each employee. This consolidation will be comprised
of Personnel Policies, related Departmental Rules and
Regulations; Employee/Employer Resolutions and a copy of
Memorandum of Understanding. More information may be
included.
The City agrees to maintain flex -scheduling where it is
currently operating successfully and additionally to put
in place a 9/80 schedule, on a test basis (excluding the
Library) for the balance of the life of the MOU. This
test will be conducted at the discretion of the
Department Director. The program will have proven is
23
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itself to be successful if it costs the same or less
• than the present 5/40 program, and if the service levels
for the 9/80 are the same or better as they are on the
present 5/40 program. The program will be evaluated
individually by work group, and should a problem
involving service reductions or increases in cost
materialize, the Department Director will meet with the
work group to resolve the problem. If the Department
Director and the work group disagree on the solution,
the City Manager will consider both sides of the issue
and resolve the dispute. Final evaluation of the
success/failure of the 9/80 schedule test will be
conducted by the Department Director, and his/her
determination shall be final.
L. Reopeners
The City and NBCEA agree to, upon request of either
party, reopen negotiations during the term of this
agreement on the grievance procedure.
M. Direct Deposit
Effective October 1, 1997, all newly hired employees
shall participate in the payroll direct deposit system.
N. Bilingual Reopener
The City and NBCEA agree
possible implementation of
later than January 1, 1998.
O. Deferred Compensation
to reopen negotiations on
a bilingual pay program no
The City agrees to, through a joint City -Employee
Committee, explore the possible addition of additional
deferred compensation providers during the term of this
agreement.
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a5
Executed this day of
1997:
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION
By:
Paul Bechely
M
CITY OF NEWPORT BEACH
By:
Jan Debay
Mayor
ATTEST:
By:
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
Robert H. Burnham, City Attorney
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EXHIBIT A
CITY EMPLOYEES ASSOCIATION
Account Clerk
Account Clerk, Senior
Accountant I
Accountant II
Accounts Payable Supervisor
Administrative Clerk
Administrative Clerk, Fire
Buyer
MIS Equipment Operator
Duplication Machine Operator
Duplicating/Mail Room Clerk
Legal Secretary I
Legal Secretary II
Librarian I
Librarian II
Librarian III
Librarian IV
Library Automation Specialist
Library Clerk I
Library Clerk II
Library Clerk III
Library Clerk IV
Library Newport Center Manager
Library Support Clerk, Senior
License Inspector
Literacy Coordinator
Marine Training Coordinator
Printing Services Manager
Recreation Coordinator, Senior
Recreation Supervisor, Senior
Recreation Supervisor
Secretary
Executive Secretary, Planning Director
Stock Clerk
Storekeeper
Warehouse Manager/Senior Buyer
26