HomeMy WebLinkAbout10 - Tentative Agreements with NBCEA and NBPTAQ �EwPpRT
CITY OF
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z NEWPORT BEACH
<,FORN'P City Council Staff Report
October 26, 2021
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Grace K. Leung, City Manager - 949-644-3001,
gleung@newportbeachca.gov
PREPARED BY: Barbara J. Salvini, Human Resources Director,
bsalvini@newportbeachca.gov
PHONE: 949-644-3259
TITLE: Tentative Agreements with Newport Beach City Employees
Association and Newport Beach Professional and Technical
Employees Association
ABSTRACT:
The Memoranda of Understanding (MOU) between the City of Newport Beach (City) and
the Newport Beach City Employees Association (CEA) and between the City of Newport
Beach and the Newport Beach Professional and Technical Employees Association
(ProfTech) expires December 31, 2021. CEA and ProfTech are represented by the
Laborers' International Union of North America (LIUNA) and negotiate together for
successor agreements. Representatives from the City, CEA and ProfTech began
negotiating the terms and conditions of successor agreements in July 2021. After three
meetings, Tentative Agreements (Agreements) were reached on September 9, 2021. The
Agreements address the negotiated wages, benefits, and other terms and conditions of
employment for employees represented by the CEA and ProfTech, as required under the
Meyers-Milias-Brown Act, California Government Code §3500.
To promote greater transparency in the negotiations process, including the costs
associated with the labor contracts, the Agreements with CEA and ProfTech are being
presented at this time for public review and comment in Attachments A and C. The
Agreements, which span the time period from January 1, 2022 through December 31,
2025 will be presented again for City Council adoption (or rejection) at the November 16
regular meeting.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Receive and consider the Tentative Agreements between the City of Newport Beach
and the Newport Beach City Employees Association and the City of Newport Beach
and the Newport Beach Professional and Technical Employees Association.
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Tentative Agreements with Newport Beach City Employees Association and
Newport Beach Professional and Technical Employees Association
October 26, 2021
Page 2
DISCUSSION:
The Newport Beach City Employees Association (CEA) and Professional and Technical
Employees Association (ProfTech) are exclusively recognized bargaining units. The CEA
represents 94 budgeted, miscellaneous positions in administrative support, finance,
library services and recreational services occupations. The ProfTech represents 78
budgeted, miscellaneous positions in engineering, planning, and information technology
occupations. Both units are affiliated with the Laborers' International Union of North
America, Local 777 (LIUNA). During negotiations, City staff and Association
representatives discussed topics such as wage adjustments, disability benefits, deferred
compensation, retirement plans, cafeteria allowance, additional pays, overtime, clarifying
language, and other non -economic matters.
Salient provisions of the Tentative Agreements between the City and CEA and ProfTech
include:
• Four-year term, from January 1, 2022 through December 31, 2025
• Wage adjustments
o January 1, 2022 — 1.0%
o January 1, 2023 — 1.5%
o January 1, 2024 — 2.0%
o January 1, 2025 — 2.0%
• City contributions to unit members actively participating in the City's deferred
compensation accounts as follows:
o January 1, 2023 — One-time deposit of $500
o January 1, 2023 and ongoing:
■ Matching City contribution up to $30 per month
■ Additional matching City contributions based on years of service
• City -paid short-term and long-term disability benefits
• Reopener in July 2023 to discuss possible changes to the medical benefit program
• Agreement to pilot a telecommuting program which will provide eligible employees
with an annual telecommuting bank of 80 hours
Draft versions of the Tentative Agreements between the City and Associations are
included in Attachments A and C, with changes from the current agreements in redline.
Costing information for CEA and ProfTech is included in Attachments B and D,
respectively. The total cost of the CEA MOU is estimated to be $1,811,717 and the total
cost of the ProfTech MOU is estimated to be $2,117,994.
On October 5, 2021, the City was notified that in accordance with their ratification
procedures, the majority of CEA and ProfTech members voted to approve the
Agreements. Following City Council review of the Tentative Agreements and proposed
MOUs with CEA and ProfTech, final versions of the successor MOUs will be presented
at the November 16, 2021 regular meeting. Prior to the November 16, 2021 meeting, the
costing information and proposed revisions to the MOUs will be posted for public review
on the City's website.
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Tentative Agreements with Newport Beach City Employees Association and
Newport Beach Professional and Technical Employees Association
October 26, 2021
Page 3
The Agreements will not become effective, per Government Code §3505.1, until the
governing body, i.e., City Council, takes action to adopt them. If the City Council approves
adoption of the Tentative Agreements with CEA and ProfTech at the November 16, 2021
meeting, City staff will work to implement the provisions in accordance with the new
contract effective date of January 1, 2022.
FISCAL IMPACT:
Detailed costing information for CEA and ProfTech is included in Attachments B and D,
respectively. As the MOUs are effective on January 1, 2022, the year one impact shown
in the detailed costing information is roughly two times the actual impact (e.g. only six
months of the fiscal year). The cost to implement the terms of the agreements for FY
2021-22 is therefore approximately $159,897 rather than the $319,794 shown in
Attachments B and D. Additionally, the disability insurance premiums can be funded from
disability insurance reserve funds on hand for the balance of the current fiscal year, and
certain pension and compensated absences costs are long term in nature and will not
impact the current fiscal year's budget. Should the Council approve the MOUs, the
budgetary impact is therefore reduced to $86,102 in FY 2021-22.
Sufficient projected unassigned General Fund balance is available to fund the required
appropriations. Subsequent to the Council's consideration of the Tentative Agreements,
staff will return with a budget amendment to appropriate the required $86,102 when the
MOUs are formally approved.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A
— Tentative Agreement and Proposed MOU (redlined) with CEA
Attachment B
— Estimated Cost of Contract with CEA
Attachment C
— Tentative Agreement and Proposed MOU (redlined) with ProfTech
Attachment D
— Estimate Cost of Contract with ProfTech
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ATTACHMENT A
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
The Newport Beach City Employees Association ("NBCEA" or "Association"), a
recognized employee organization, affiliated with the Laborers' International Union of
North America, Local 777 (LIUNA), 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. NBCEA representatives and City representatives have reached an agreement as to
wages, hours and other terms and conditions of employment. This shall- apply to all
affected employees for the term of January 1, 2019 2022 through December 31, 2021
2025 and this agreement has been embodied in this MOU.
3. 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. 2001-50, 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. Term
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, 2-0192022. This MOU shall remain in full force and effect until
December 31, 20212025, 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
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on a successor MOU.
2. The provisions of this MOU shall prevail over conflicting provisions of the Newport
Beach City Charter, the ordinances, resolutions and policies of the Cityof er
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 collectively be granted an
annual maximum of 150 hours paid release time 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 Geworkplace.
4. Each January, the City will examine the number of Release Time hours the
Association used the preceding year. If the Association used in eXG8SS ofmore
than 75% of the hours normally granted (150), the Association will be granted an
additional 30 hours for that year.
D. Scope
1. 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.
2. 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.
3. Pursuant to this MOU, the City reserves and retains all of -its inherent exclusive
and non—exclusive managerial rights, powers, functions and authorities
("Management Rights") as set forth in Resolution No. 2001-50. Management
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
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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;
(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 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; and
(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.
E. Employee Data and Access
in january and Aily of eaGh year, the City shall previde NBCEA a lost of all LIRit Mem
0 nGluding name, depar+m eRt and eb title -.The City shall provide NBCEA with access and
information regarding new employees and existing unit members as required by law.
NBCEA designated officers shall be entitled to solicit membership from new employees
at their work site. This solicitation shall be made from the total release time for NBCEA
Officers, and shall be scheduled in a manner that is not disruptive to departmental
operations. Department heads may determine appropriate times for new employee
contact, but they cannot reasonably deny such contact.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
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F. Conclusiveness
With the exception of a separate MOU covering retirement issues, this MOU contains all
of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for
the term 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.
As provided in the Employer -Employee Relations Resolution No. 2001-50, the City shall
determine the ^#imG#WWa r City services are to be provided, including whether
the City should provide services directly or contract out work, including work that is
currently being performed by Association members. In the event the City introduces a
plan to outsource services currently being performed by Association members to achieve
greater efficiency and/or cost savings, and upon request by the Association, the City shall
meet and confer with Association representatives to discuss the impacts of the City's
decision to contract out work. The City shall retain sole authority to decide whether or not
to contract out work, including work that is currently being performed by Association
members. This provision shall not limit the City's authority to enter into such an agreement
for any City services.
G. Modifications
Any agreement, understanding, 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.
H. Association Dues
1. The collection of Association dues shall be handled through the payroll deduction
process.
2. The Association and LIUNA agree to defend, indemnify and hold harmless the City
for its collection of Association dues.
SECTION 2. — Compensation
A. Salary
Base salary increases for all NBCEA represented classifications shall be as follows and
as specified in Exhibit A:
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
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Effective the pay period that includes January 1, 2022, fnilnuuing City GGURGOI approval E)
his MOU, there shall be a -base sal-ar �-salaries will be increased by of two perGent (2.0%)
one percent (1.0%) for all represented classifications.
Effective the pay period that includes January 1, 20202023, base salaries will be
increased by two perGent (2 0 )one and one-halfpercent (1.5%) for all represented
classifications.
Effective the pay period that includes January 1, 2-0212024, base salaries will be
increased by two perGent (2 OV )two percent(2.0%) for all represented classifications.
Effective the pay period that includes January 1, 2025, base salaries will be increased by
two aercent (2.0%) for all rearesented classifications.
B. Overtime
Advanced Approval - Employees must have advanced approval from their
supervisor to work overtime.
2. FLSA Overtime - Overtime earned for actual work hours in excess of 40 in the
employee's defined FLSA workweek.
3. Contract Overtime — Overtime earned for an employee whose hours paid in their
defined FLSA workweek exceeds 40. For purposes of calculating hours paid for
contract overtime, holidays occurring during the work week count as time worked.
The use of other forms of leave do not count as hours worked for purposes of
calculating hours paid for determining eligibility for contract overtime.
4. Rate at Which Overtime is Calculated — Both FLSA and Contract Overtime (paid
at time and one half — 1.5) shall be calculated at the regular rate of pay, except
that the rate at which Contract Overtime is calculated shall not include the City's
Cafeteria Plan Allowance, the opt -out Cafeteria Plan Allowance, or any cash back
an employee may receive from the Cafeteria Plan Allowance by choosing benefits
which cost less than the Allowance.
5. Workweek for Purposes of Calculating Overtime — For employees who work the
9/80 work schedule, their defined FLSA workweek shall begin exactly four hours
after the start time of their shift on their alternating regular day off (i.e., their eight-
hour day) and end exactly 168 hours later. For employees who work a 5/40 work
schedule, their workweek shall begin on Saturday at 12:01 a.m. and will end
exactly 168 hours later the following Saturday at 12:00 a.m.
6. Work Schedule — Regardless of the type of work schedule an employee is
assigned (e.g., 5/40 and 9/80), full --time employees are regularly scheduled to
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU'^'O=0,9=0212022-2025
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work forty (40-)40hours in their defined FLSA workweek.
7. Reporting Time - The City calculates overtime in tenths of an hour. Employees
shall report their time worked to the nearest tenth of an hour.
C. Standby Duty
1. Defined
a. To be ready to respond immediately to calls for service;
b. To be reachable by telephone;
c. To remain within a specified distance from huh the employee's workstation;
work s+ ; and
d. To refrain from activities which might impair the employee's ability to perform
their assigned duties.
2. Compensation
Standby duty shall be compensated at the rate of one {hour of overtime
compensation for each eight O�) hours of such duty. Standby duty on holidays shall be
compensated at the rate of two {2-} hours of overtime compensation for each eight {4
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 actoLperiod of time the employee is actually working. s_4n a ,N,^��
D. Ca'�okCalIback Du
1. Defined
Call-back duty requires the employee to respond to a request to return to his/her work
statiGRtheir workstation after the normal work shift has been completed and the
employee has left #is#ertheir normal werk stat+enworkstation. Those periods of
overtime which had eeaare scheduled by the Department Director prior to the end of
the normal work shift are not considered call-back duty.
2. Compensation
All employees shall receive a minimum of two 92 -hours pay. If an employee works
more than two {2 --hours, he/shesaid employee shall receive pay for actual hours
worked.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
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E. Accumulation of Compensatory Time Off
Unit members who are non-exempt (from overtime) may receive compensatory time off
(CTO), in lieu of cash, as compensation for overtime hours worked at the rate of one -and -
one -half hours 0-;4) for each hour of overtime worked. An employee may only awe
earn CTO if requested and then approved by the employee's supervisor. Call-back time
may be converted to CTO with supervisor approval.
Employees may accumulate up to eighty hours of CTO. Any hours earned in
excess of 80 will be paid out to the employee the following pay period. Once a unit
member reduces the balance below 80 hours, additional hours may be earned again up
to the 80 hour cap. if,f an emplPyee-has -eighty (90) hours of aGGFue J GTO,heisho will t
be able to aGGrue additiGRal GTO URtil he/She uses GTO to redUGe his/her balanGe b
eighty (90) heirs.
F. nl�Shift Differential
Unit members who are regularly assigned a work schedule that ends beyond 6:00 p.m.
's regularly assigned work sashed ale ends ase earlier than 6:00 p.m. shall receive a nkjht
shift differential pp�of $1.00 per actual hour worked; payable for each hour worked after
6:00 p.m. Overtime worked as an extension of an assigned day shift shall not qualify an
employee for,,—shift differential. Th�ffer Rtial nay is nail Gobi for hei irs ar�+i�y
worked
The parties agree that to the extent permitted by law, the City shall report to the California
Public Employees' Retirement System (CaIPERS) shift differential pay as Special
Assignment Pay in this sention is menial nemnensatinn and shall he reporter! to GaIPER
as su pursuant to Title 2 CCR, Section 571(a)(4) and/or Section 571.1 (b)(3) Shift
Differential -Ray.
G. Incentive Shift for Library Members
For NBCEA members +n -assigned to the Library Services Department, the Sunday work
shift will be considered an "incentive" shift. Unit members working on Sunday who work
a regularly scheduled shift of five hours on a Sunday will report their actual hours worked
on their time sheet but will be pa4dplus three hours of incentive pay at the regular hourly
base rate. This artinle is net to he nnnstR ied as to import on other Gity rules
H. Court Time
Employees who are required to appear in Court court during their off-duty hours in
connection with City business shall receive a minimum of two hours pay. If an employee
is actually in�court for more than two hours, the member shall receive pay for actual hours
worked. ovei:tn Fisatins /if additienal heyyrs q'salifyisV�i�Te\the number
of hours they spend in nei in with a minimi rn of twe (2) heirs of si inh nemnensation
e
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
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I. Certificate Pay
Effective January 1, 2013, the Scertificate Ppat program was modified to eliminate
"inactive" certificates and "sunset" certain active certificates. Employees currently
receiving pay for a "sunset" certificate are considered grandfathered under the program,
but no further employees wiffshall be eligible.: eEffective January 1. 2014, the pay for
eligible certificates was converted from a percentage --based benefit to a flat dollar
amount. The complete list of eligible certificates and the corresponding benefit is listed in
Exhibit B. All other procedures associated with Certificate Pav remain in effect.
The parties agree that to the extent permitted by law, the City shall report to the California
Public Employees' Retirement System (CaIPERS) eligible certificates pats as `^
aual*f-v as GE)eGeal nE)MF)eR t'E)R shall be Feigerted t 1 a!PF= S as `UGhEducational Pay
pursuant to Title 2 CCR. Section 571(a)(2)_and/or 571.1(b)(2).
W. Acting Pay
NBCEA employees will beare eligible to receive "acting pay" only after completing 80
consecutive hours in the higher classification. Once the 80 hour requirement has been
satisfied, acting pay will be granted for all hours worked above 40 hours beginning with
the 41St hour worked in the higher classification. Acting pay is 407.5an additional 7.5% of
the employee's base pay rate.
The parties agree that to the extent permitted by law, and in accordance with Government
Code §20480 Out -of -Class Appointment Limitations, the City shall report to the California
Public Employees' Retirement System (CaIPERS) acting pay as Premium Pay pursuant
to Title 2 CCR Section 571(a)(3) Temporary Upgrade Pay. For new members" as defined
by the Public Employees' Pension Reform Act of 2013, acting pay will not be reported as
pensionable compensation to Cal PERS. The employee must be performing 100% of the
duties in the higher classification for temporarygrade pay to be reportable.iS SyeElal
Gempensation and shall be reported to GaIPERS as suGh pursuant to Title 2 GGR, Se
571 (a)(3) Temporary Upgrade Days
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NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
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MERLmn: =V5
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J-. K. Bi-linaual P
Upon determination of the Department Director that an employee's ability to speak, read
and/or write in Spanish contributes to the Department providing better service to the
public, the -employees in positions that require additional languages as part of their normal
duties shall be eligible to receive eReOne hURdred-Hundred Fifty ($150.00) dollars
per month (paid each pay period) in bi-lingual pay. The certification process will confirm
that -the employee is fluent at the street conversational level in speaking, reading and/or
writing Spanish. Employees certified shall receive bi-lingual pay the first full pay period
following certification.
Additional languages may be certified for compensation pursuant to this section by the
Department Director with the concurrence of the Human Resources Director.
The parties agree that to the extent permitted by law, the City shall report to the California
Public Employees' Retirement System (CalPERS) 129ilingual pay as Special Assignment
Pte. 0 nn And c:hall be reported to GaIPERS as s
pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Dromic Omand/or 571.1(b)(3) Bilingual
Premium.
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SECTION 3. — Leaves
A. Flex Leave
Members accrue flex leave in lieu of vacation and sick leave. An employee accrues a
designated number of flex leave hours while in paid status and based upon years of
service. Years of service is determined by the number of continuous, full-time years a
member is employed by the City.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
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All unit members shall accrue Flex flex leave at the following hourly rates:
Years of Continuous
Service
Hrs. Accrued Per
Pay Period
Annual Hours
Max Allowable
Balance hours
Less than 5
6.00
156.00
468.00
5 but less than 9
6.61
171.86
515.58
9 but less than 12
7.23
187.98
563.94
12 but less than 16
8.15
211.90
635.70
16 but less than 20
8.77
228.02
684.06
20 but less than 25
9.38
243.88
731.64
25 and over
10.00
260.00
780.00
Members shall accrue three (3) months (i.e., 39 hours) of flex leave in the manner and as
provided ,R the—chiabove) upon completion of three (3) months of continuous
employment with the City of Newport Beash, provided however, this amount shall be
reduced by any flex leave time advanced during the first three (3) months of employment.
1. Limit on Accumulation
ARY flex leave earRed i ------ of this level will be paid eR aR heur for heur basi's in
Ga ,(sn�v r pay) at the nleyee's heurly rate of pay. Members hired prior to July
1, 1996 shall be paid for earned flex leave in excess of the maximum permitted
aGGruaallowable balance � as spillover pay 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 accruing at the 16 years of continuous service level or above shall
be required to use 120 hours of flex leave the previous calendar year to receive
spillover pay. Employees who have not utilized the required amount of leave the prior
calendar year shall not be eligible to accrue time above the maximum anal
lin*allowable balance.
Employees first hired, or rehired by the City subsequent to July 1, 1996 shall are not
be -eligible for flex leave spill-over pay and shall are not be -entitled to accrue flex leave
in excess of the flex leave aGGrual threshelrtmaximum allowable balance.
2. Method of Use
The Department Director shall approve all requests for flex leave taking into
consideration the needs of the Department, and whenever possible the wishes of the
employee. Flex leave may be granted OR an heurly basis any frantien ever an hour
shall he Gharoed to the next full hog in 1/4 hour increments.
B. Holiday Leave
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
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The following days shall be observed as paid holidays (i.e., employees shall have the day
off with pay) by all unit members. With the exception of the "floating holiday"Fo�R
holinayeXGept the ClootffiRg Holiday (where the employee chooses the day off), 4-a+P
ernpteyee msemployees who are required to work on the holidaytwill receive their
pay for the holiday and in addition, either pay or -flex Leave for the number of hours
worked on the holiday.
New Year's Day
January 1
Martin Luther King Day
January — 3rd Monday
Washington's Birthday
February — 3rd Monday
Memorial Day
May — Last Monday
Floating Holiday*
July 1
Independence Day
July 4
Labor Day
September— 1St Monday
Veterans Day
November 11
Thanksgiving Day
November — 4th Thursday
Friday After Thanksgiving
November — 4th Friday
Christmas Eve
December 24(last'/z of workday)
Christmas Day
December 25
New Year's Eve
December 31 (last 1/2 of workday)
ImapneRdero Day
Labor fled 1 St
Veteran's flay
T--rhrQRksgiv ingz ay
Christmas Eve
i I. i n
Ju"
M yORCQept-.
Novom�T
4th Thurs.
Last
. OniNovimbed Friday ThrdttksgivRg
of werkiRg day
Christmas Day
New Year's Eve
DeG
Last 1
GTL
ef werking day
fled Las Monday
auk
Helirday juhy
in May
'-'�°'uy�v�-ar-crrr�ucrT
1st 1 day*
Martin Luther King flaw 3rd MOR day in anuary CloatiRg
rrvuna-ar�'�vunrrg
*
The floating holiday
added to ompleyees'
(eight
Cloy Leave
(8) hours of holiday leave) is awarded on july 1. The hours are
onno,,Rt
Holidays are paid based on the employee's regular work -day schedule. For example, if an
employee is on a 9/80 schedule and the holiday is observed on a day that the employee is
regularly scheduled to work 9 -nine hours, the employee is entitled to receive 9 -nine hours of
holiday pay. However, if an employee is on a 9/80 schedule and the holiday is observed on
a day that the employee is regularly scheduled to work 8 -eight hours, the employee is eRtitled
eligible to receive 8 -eight hours of holiday pay. Cmpleyees will ronoi„o 8 hours of holiday pay
aRRually fe.rir the ClootiRg Holiday.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-2^'1"2022-2025
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1. Holidays listed above (except the floating holiday) occurring on a Saturday shall be
observed the preceding Friday. Holidays occurring on a Sunday shall be observed the
following Monday. (Half day holidays shall be observed prior to the observed holiday).
2. Holiday pay will be paid only to employees who work their scheduled day before and
scheduled day after a holiday or are on authorized paid leave (e.g. paid leave that has
been reviewed and approved by the Department Director).
3. in addition, for a" ernpleyees an additional 8 hours of fleating heliday will be added tG
his/her Flex leave -aEG6:rnulac d total, nn the first pay � �
rind in Il i each year. The
floatinq holiday is awarded on July 1. Eight hours of holiday leave is added to the
member's vacation or flex leave bank on the first pay period in July each year.
C. Bereavement Leave
Bereavement leave shall be defined as "the necessary absence from duty by an
employee because of the death or terminal illness in herof an immediate family
member." Unit members shall be entitled to feFty (40-)40 hours of bereavement leave per
calendar year per incident (terminal illness followed by death is considered one incident).
Bereavement leave shall be administered in accordance with the provisions of the
Employee Policy Manual. Leave hours need not be used consecutively, buthowever they
should eGGUr-be used in proximate time to the occurrence. For the purposes of this
section, immediate family shall mean an employee's father, mother, stepfather,
stepmother, brother, sister, spouse/domestic partner, child, stepchild, grandparents and
the employee's -member's spouse's/domestic partner's father, mother, brother, sister,
child and grandparents. The provisions of this Section shall not diminish or reduce any
rights a member may have pursuant to applicable provisions of Statestateor Federal
federal law. An empleyeeA member requesting bereavement leave shall notify
hi�.heir supervisor as soon as possible of the need to take leave.
D. Leave Sellback
f1�g-calencrtdar year-2019,-eEmployees shall have the option (on two occasions) of
selling back on an hour for hour basis, accrued flex or vacation leave. In no event shall
the flex or vacation leave balance be reduced below one hundred and sixty (160) hours.
Hours sold back will be subject to the Retiree Health Savings Plan Part C contributions,
per Section 4 (F), Retiree Medical. For the term of this MOU the Association has elected
Part C contributions for Flex at 0%.
Eiteetive on Galen X2020 and thereafter, er„nleyees Employees shall have the
option of converting accrued flex It=eave to cash on an hour for hour basis subject to the
following: On or before the pay period which includes December 15 of each calendar
year, an employee may make an irrevocable election to cash out accrued flex leave which
will be earned in the following calendar year. The employee can elect to receive the cash
out in the pay period which includes June 30 and/or the pay period which includes
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
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13
December 15 for those flex Leave benefits that have been earned during that portion of
the year. In no event shall the flex leave balance be reduced below ^no hi R dreg and sixty
(160) hours. On or before fhnernhbor 31, 2019ooGh employee shall have the one Limo
of that date. Ho...—, ne event shall the flex leave balanGe be redUGed below one
hi Rdre d (160) heurs WheR the leave is Gashed e t
In addition to the above, staFtiRg ORr-EaIeRaryear 2020, an employee who has an
"unforeseen emergency" (defined as an unanticipated emergency that is caused by an
event beyond the control of the employee and that would result in severe financial
hardship to the employee if early withdrawal were not permitted) shall be entitled to make
a request to the Director of Human Resources for a payoff of accrued flex leave. The
amount of flex leave which may be paid effcashed out is limited to the amount necessary
to meet the emergency. If there is an unforeseen emergency, an employee can cash out
flex Leave earlier in the year than described above provided that the remaining balance
is not reduced below ^no hi RGIFerd anal sixty (160) hours.
SECTION 4. — Fringe Benefits
A. Insurance
1. Benefits Information Committee
The City has established a Benefits Information Committee (BIC) composed of one
representative from each employee association group and up to three City
representatives. The Benefits Information Committee has been established to allow
the City to present data regarding carrier and coverage options, the cost of those
options, appropriate coverage levels and other health programs. The purpose of the
BIC is to provide each employee association with information about health
insurance/programs and to receive timely input from associations regarding preferred
coverage options and levels of coverage.
2. Medical Insurance
The City has implemented an IRS qualified Cafeteria Plan. In addition to the
contribution amounts listed below, the City shall contribute the minimum CalPERS
participating employer's contribution towards medical insurance for employees
enrolled in a CalPERS medical plan, per Government Code Section 22892.
Employees shall have the option of allocating Cafeteria Plan contributions towards the
City's existing medical, dental and vision insurance/programs.
Unused Cafeteria Plan funds shall be payable to the employee as taxable cash back.
Employees shall be allowed to change coverages in accordance with plan rules and
during regular open enrollment periods.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
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The City's contribution towards the Cafeteria Plan is One Thousand, Seven Hundred
Twenty -Five dollars x$1,7251 {plus the minimum CaIPERS participating employer's
contribution).
NBCEA members who do not enroll in any medical plan offered by the City must
provide evidence of group medical insurance coverage; and execute an opt -out
agreement releasing the City from any responsibility or liability to provide medical
insurance coverage on an annual basis.
Employees hired prior to
of this 2019_2021 nasULMarch 16, 2019 who elect to opt out of medical coverage
offered by the City because they have provided proof of minimum essential coverage
("MEC") through another source (other than coverage in the individual market,
whether or not obtained through Covered California) will receive One Thousand
Dollars -$1,0009) per month in taxable cash. For these same employees, if they
elect medical coverage and spend less than the City contribution provided above,
those unused cafeteria plan funds shall be paid to the employee as taxable cash.
Employees hired on or after the first day of the pay peried fGIlGWiRg Gity GOURGil
approval of this 2019-20-91. nnni 1March 16, 2019 who elect to opt out of medical
coverage offered by the City because they have provided proof of minim„m 0000ntial
GOverage ("MEC") -through another source (other than coverage in the individual
market, whether or not obtained through Covered California) shall receive Five
Hundred Dollars (-$50001 per month in taxable cash. For these same employees, if
they elect medical coverage and spend less than the City contribution provided above,
there shall be no cash back provided.
On or before July 1, 2023, at the request of either party, the parties shall meet and
confer in good faith to discuss possible changes to the medical benefit program,
contribution levels, or other elements of healthcare services, provided, however, that
any changes to the MOU may only occur by mutual agreement of the parties.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of the City's health
plan offerings as agreed upon by the Benefits Information Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part of the City's plan
offerings as agreed upon by the Benefits Information Committee.
5. Healthcare Reform
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
10-17
15
The parties recognize that certain sState and federal laws, programs and
regulations, including the Affordable Care Act, may impact future medical plan
offerings., Either party may request to reopen Section 4A(2) regarding medical
insurance for the purpose of discussing alternative approaches and proposals to
providing healthcare coverage. ',n— add it+enAdditionally, should Statestateor
lei' federal laws concerning taxation of healthcare benefits change, the parties
agree to meet and discuss the impact of such change.
B. Additional Insurance Proarams
1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable
income for payment of allowable expenses such as child care and medical expenses.
An Association member may request that medical, child care and other eligible
expenses be paid or reimbursed by the Section 125 Plan out of the employee's
account. The base salary of the employee will be reduced by the amount designated
by the employee for reimbursable expenses.
2. Disabilitv Insurance
The City shall provide Short-term (STD) and Long-term (LTD) disability insurance to
all regular full: -time employees with the following provisions:
Short -Term Disability
Long -Term Disability
Benefit Amount 66.67% of covered wa
es66.67% of covered wages
Maximum Benefit $1,846 weekly
$15,000 monthly
Waiting Period 30 calendar days
180 calendar days
Employees shall not be required to exhaust accrued paid leaves prior to receiving
benefits under the disability insurance program. Employees may not supplement the
disability benefit with paid leave once the waiting period has been exhausted.
3. Life Insurance
The City shall provide life insurance for all regular full-time employees in $1,000
increments equal to one times the employee's annual salary up to a maximum of
$50,000. At age 70 the City -paid life insurance is reduced by 50% of the pre -70
amount. This amount remains in effect until the employee terminates from City
employment.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
10-18
16
C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a properly licensed
provider. Association members and their family members may access the EAP subject to
provider guidelines.
D. Retirement Benefit
The City contracts with the California Public Employees' Retirement System
(CaIPERS) to provide retirement benefits for its employees. Pursuant to prior
aareements and state mandated reform. the Citv has imalemented three different
tiers of retirement benefits, categorized as Tier I, Tier II and Tier III.
1. Retirement Formula
. .
MINIM
IN IN
I" N-1wanm.
Tier 41: For employees hired by the City on or before November 23, 2012, the
retirement formula shall be the 2.5% @ 55 calculated on the basis of the single highest
year.
Tier 211: For employees first hired by the City between November 24 and December
31, 2012, or hired on or after January 1, 20131 and who are current classic members
of the retirement system, as defined in the Public Employees' Pension Reform Act
("PEPRA"), the retirement formula shall be 2% @ 60 calculated on the average 36
highest month's salary.
Tier -3111: For employees first hired by the City on or after January 1, 2013, and who
do not meet the Tier 2 -II criteria because they are new members as defined by the
PEPRA, the retirement formula shall be 2% @ 62 calculated on the average 36
highest month's salary.
2. Employee Contributions
The Association has agreed to share in the rising cost of pension obligations. Under
the terms of this MOU, unit members will contribute additional amounts toward the
CaIPERS retirement benefit, to the extent permissible by law. Should any provision
be deemed invalid, the City and Association agree to meet for the purpose of
renegotiating employee retirement contributions. Employees in each Tier will
contribute 13% of pensionable pay toward the retirement benefit.
Employee retirement contributions that are in addition to the normal CaIPERS Member
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
10-19
17
Contribution (of 7% or 8%) shall be calculated on base pay, special pays, and other
pays normally reported as "PERSable" compensation, and will be made on a pre-tax
basis through payroll deduction, to the extent allowable by law. It is recognized that
these payments will not be reported to CalPERS as contributions toward either the
Member or Employer rate, as provided under GC Section 20516(f).
Under a separate agreement, and ratified via a contract amendment with CalPERS in
2008, Tier 4-1 employees shall contribute 2.42% compensation earnable (as cost
sharing) per Government Code section 20516(a).
Tier 4-1 Employees - shall contribute a total employee contribution of 13% as
follows: Tier 1 - Eight percent (8%) member contribution, 2.42% of
compensation earnable as cost sharing per Government Code section
20516(a) and 2.58% of compensation earnable as cost sharing per
Government Code section 20516(f).
Tier 2 -II Employees - shall contribute a total employee contribution of 13% as
follows: seven percent (7%) (compensation earnable) member contribution and
six percent (6%) of compensation earnable as cost sharing per Government
Code section 20516(f).
Tier 3-111 Employees - The minimum statutory employee contribution for
employees in Tier 3 is subject to the provisions of the P�G€mployees
PeRGiGR Referm AGt of 2012 (PEPRA) and equals 50% of the "total normal
cost". Tier 3 employees shall make an additional contribution of pensionable
compensation toward retirement pursuant to Government Code Section
20516(f), such that the total employee contribution equals 13% of pensionable
compensation.
The City contracts with CalPERS for the 4th Level 1959 Survivors Insurance Benefit,
$500 Lump Sum Death Benefit, Sick Leave Credit, Military Service Credit, 2% Cost of
Living Adjustment and the pre -retirement option settlement 2 death benefit
(Government Code Section 21548).
E. LIUNA Supplemental Pension
The AsSOGiation unit members agrees to pay any costs and/or contributions associated
with its members' participation in the LIUNA Supplemental Pension Fund. The City's sole
obligation is to forward the agreed upon amount to the fund. The City is not responsible
for, nor does it make any representation regarding the payment of benefits to unit
members.
The employees' contributions to the LIUNA Supplemental Pension Fund are deemed
"picked -up" and treated as employer contributions. Employees cannot opt out of the "pick -
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
10-20
Ell
up," or receive the contributed amounts directly instead of having them paid to the plan.
Participation at the same level will continue to be mandatory for members of the
Association.
The Association agrees with the procedural change, and acknowledges that members
who leave City employment prior to vesting in the LIUNA pension plan will still have no
right to return of amounts contributed, or other recourse against the City concerning
LIUNA.
Effective March 16, 2019, unit
members agree to pick up whatever the actual costs and contributions are required by
LIUNA for participation in the LIUNA Supplemental Pension Fund for as long as its
members participate in the LIUNA Supplemental Pension Fund. The parties are not
precluded from discussing the LIUNA Supplemental Pension in future labor negotiations.
The Association and LIUNA agree to defend, indemnify and hold harmless the City for its
actions pursuant to this section. This includes, but is not limited to, any challenge by any
member of the bargaining unit related to making contributions to the Plan or receiving
benefits from the Plan.
F. Retiree Medical Benefit
This is an Integral Part Trust OPT) RHS Retiree Health Savings (RHS) plan (formerly the
Medical Expense Reimbursement Program - "MERP"). Each member has an individual
RHS account ("Account"), which accumulates based on the category they fall under (see
Program Structure below). Funds from the Account may be used for eligible health care
expenses after separation, retirement or a change in personnel status to a position that
does not receive the RHS benefit. These changes in personnel status will activate the
Account and allow funds to be withdrawn until the Account balance is depleted. Since the
plan restricts all distributions to be spent for health insurance premiums and health care
expenses, as defined by the Internal Revenue Code Publication 502, $ 213(d) and the
Plan document the contributions, fund investment earnings and benefit payments (when
withdrawn from the Account) are not taxable when posted. Additionally, certain
contributions may only be deposited upon retirement from the City. The categories are
provided below.
1. Background
In 2005, the City and all Employee AsSGGia NBCEA agreed to replace the previous
"defined benefit" retiree medical program with a new "defined contribution" program. The
process of fully converting to the new program will beis -ongoing for an extended period.
During the transition, employees and (then) existing retirees have beenwere
administratively classified into one of fou different categories. The benefit is structured
differently for each of the categories. The categories are as follows:
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU'^'O=0,9=0212022-2025
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a. Category 1 - Employees newly hoped-a#er IaRwary 1, 2006. -who become
eligible for the benefit after January 1, 2006. This may include new hires,
rehires and part-time employees appointing to full-time status.
empl„„ious defined
benefit as of December 31, 2005, eligible for the new defined contribution
program as of January 1, 2006 and whose age plus nears of service as of
January 1, 2006 was less than 50.
c. Category 3 - A Otive employees prier to lona lord 1 2006. whose oro plus
years of service "Pass. Fes. 0 ergreater (46 for pi ihIin soTey�y�G�
daR Mayr, 2-986 Employees who were active and enrolled in the previous
defined benefit as of December 31, 2005, eligible for the new defined
contribution program as of January 1, 2006 and whose age plus years of
service as of January 1, 2006 was 50 or greater.
2. Eligibility
All CEA members are eliaible for the RHS benefit. However. if a member separates
or changes positions to a bargaining unit which does not offer this benefit, the member
is no longer eligible for any contributions to the plan and their Account will be activated
for use and withdrawal of funds by the employee (or former employee). This means if
a unit member subsequently reappoints to a position which offers the RHS benefit,
they will be enrolled in "Category 1" and must revest in the program. Any remaining
balance deposited during prior eligibility will remain in the Account.
Employees who become ineligible (no longer covered by City employee association
offering the RHS benefit) before vesting forfeit the City's Part B contribution. Said
employee will only receive Part A and Part C contributions. The only exception is an
active employee who separates before vesting due to an approved industrial disability.
In such case, the employee will receive exactly five years' worth of Part B
contributions, using the employee's age and compensation at the time of separation
for calculation purposes. This amount will be deposited into the employee's RHS
account at the time of separation.
3. Account Contributions
Program Str,,nt, ire
Account contributions are categorized as Part A, Part B and Part C.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 20�1O�vr. 202 r'n'�12022-2025
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..
IMM UP,
Part A contributions are a mandatory, automatic 1 % employee contribution deducted
each pay period and deposited into the Account through payroll. Deductions begin the
pay period in which the employee becomes eligible and are reported to CalPERS as
pensionable.
Part B contributions require a five year vesting period which begins when the
employee becomes eligibile for the RHS benefit. At the conclusion of the vesting
period, the City will credit the first five years' worth of Part B contributions into the
Account (interest does not accrue during that period and the contributions are
calculated at $2.50 per month for each year of the employee's full-time service plus
age) and begin to contribute $2.50 per month for each year of the employee's full-time
service plus age (e.g. 30 years old and five years of service would be a factor of 35.
$2.50 x 35 = $87.50 per month). This factor is updated annually in the pay period
includina January 1. Part B contributions are not reported to CalPERS as pensionable.
The parties agree that the City's Part B contributions during active employment
constitute the minimum CalPERS participating employer's contribution (i.e., the
CalPERS statutory minimum amount) towards medical insurance after retirement. The
parties also agree that, for retirees selecting a CalPERS medical plan, or any other
plan with a similar employer contribution requirement, the required employer
contribution will be deducted from the employer's contribution to the retiree's account.
Part C contributions are determined by Association election and deposited into the
Account when flex leave hours are converted to taxable cash through leave cash -out
or at the time of separation or status change. Spillover pay does not qualify for Part C
contributions. Part C contributions are not reported to CalPERS as pensionable.
The Association determines the level of contribution for all unit members, subject to
the following constraints. All employees within the Association must participate at the
same level. The participation level shall be specified as a percentage of the flex leave
balance available in each employee's leave bank at the time of separation from the
City, or status change, or as a percentage of the flex leave balance being cashed out.
For example, if the Association wishes to elect 30% Part C contributions, then each
member leaving the City, or cashing out eligible leave at any other time, would have
the cash equivalent of 30% of the amount that is cashed out deposited to their RHS
Account on a pre-tax basis. The remaining 70% would be paid in cash as taxable
income. Individual employees do not have the option to deviate from this breakout.
The Association may change the Part C contribution amount as part of a meet and
confer process. The purpose and focus of these changes should be toward long-term,
trend type adjustments. Due to IRS restrictions regarding "constructive receipt," the
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
10-23
21
City will impose restrictions against frequent spikes or drops that appear to be tailored
toward satisfying the desires of a group of imminent retirees.
The Association has decided to participate in Part C contributions at the level of zero
percent (0%) flex leave.
Nothing in this section restricts taking leave for time off purposes.
4. Benefit
a. Category 1:
Employees in this category make Part A
and receive
Part B
contributions
(subject to vesting) automatically each pay period
through
payroll
deductions.
Part C contributions are received through
cash outs. No
contributions are made to Category 1 participants after separation.
b. Category 2: Employees in this category make Part A
and receive
Part B
contributions
(subject to vesting) automatically each pay period
through
payroll
deductions.
Part C contributions are received through cashouts. No
contributions are made to Category 2 participants after separation.
If a Category 2 participant retires from the City of Newpert BeaGh with a
minimum of 5 consecutive years of full-time service, the City will contribute to
the participant's Account a one-time contribution equal to $100 per month for
every month the participant contributed to the previous "defined benefit" plan
up to a maximum of 15 years (180 months). This contribution is deposited into
the Account at the time of retirement, and only if the employee retires from the
City and becomes a CalPERS annuitant of the City of Newport Beach. No
interest will be earned in the interim.
Category 2 participants with less than five years of continuous contributions
into the prior defined benefit plan as of January 1, 2006: only the years of
service after January 1, 2006 count towards Part B contributions upon vesting.
Contributions in years before 2006 will be paid out as stated in the above
paragraph.
c. Category l Employees in this category make Part A contributions
automatically each pay period through payroll deductions. Category 3
participants do not receive any Part B contributions. Part C contributions are
received through cash outs.
If an eligible Category 3 participant retires from the City of Newport Beach, the
City will deposit $400 per month into the Account upon retirement, up to a
maximum of $4,800 per year, less the CaIPERS minimum required employer
contribution as determined by CaIPERS annually, which shall continue as long
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 20�1O�vr. 202 r'n'�12022-2025
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22
as the employee or surviving spouse/qualified dependent is still living. To offset
this expense to the City, active Category 3 participants will contribute an
additional $100 per month to the plan until retirement. There is no cash out
option for these funds and they cannot be spent in advance of receipt.
Category 3 participants also receive an additional one-time City contribution of
$75 per month for every month they contributed to the previous plan prior to
January 1, 2006, up to a maximum of 15 years (180 months). This contribution
is deposited into the Account at the time of retirement, and only if the employee
retires from the City. No interest will be earned in the interim. Contributions
are contingent upon remaining a CaIPERS annuitant of the City.
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NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
10-25
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NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
10-25
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NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
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NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
10-27
25
Vendors have been selected by the City to administer the program. The contract
expense for program -wide administration by the vendor will be paid by the City.
However, specific vendor charges for individual account transactions that vary
according to the investment actions taken by each employee, such as fees or
commissions for trades, will be paid by each employee.
The City's Deferred Compensation Committee, or its successor committee—,wig
have has the authority to determine investment options that will be available through
the plan.
G. Tuition Reimbursement
NBCEA members attending accredited community colleges, colleges, trade schools or
universities, or recognized professional organizations or agencies 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 coursework, seminars or professional
development programs. The maximum annual benefit is $2,000 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 Human Resources Director or designee.
H. Deferred Compensation
All members: Each unit member shall have the right to enroll in the deferred
compensation program set up by the City and subject to the rules of IRS Code section
457. Unit members who enroll in the City deferred compensation program are eligible for
City contributions to their City deferred compensation account as follows:
One -Time Deposit: Effective the first day of the pay period which includes January 1,
2023, unit members who are enrolled in the City's deferred compensation program will
receive a one-time deposit of five hundred dollars ($500). The City is only obligated to
make the contribution if the unit member has enrolled in the deferred compensation
program as of the first day of the pay period which includes January 1, 2023. This deposit
is for this pay period only, and does not carry over to subsequent pay periods. There is
no retroactivity.
Matching City Contributions: Effective the first day of the pay period which includes
January 1, 2023, the City shall match a unit member's deferred compensation contribution
up to a maximum of thirty dollars ($30) per month. The City is only obligated to make the
contribution if the unit member has enrolled in the deferred compensation program. There
is no retroactivitv.
Additional matching City contributions to Deferred Compensation Based on Years of
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU'^'O=0,9=0212022-2025
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C
Service: In addition to the City contribution provided above, the City shall match
contributions to eligible unit members' deferred compensation accounts as follows:
Years of
Service
January 1, 2023
January 1, 2024 January 1, 2025
15-19
$20
$25 $30
20-25
$25
$30 $35
25+
30
35 40
Under federal law. there is an annual maximum contribution which may be made to an
employee's IRS Code section 457 account. Although the City will be making contributions
to the members' accounts each pay period as described above, it is the members'
responsibility to track their total contribution amount. If a member's account contributions
reach the annual IRS Code section 457 maximum, the City will stop making contributions
for the remainder of the calendar vear and shall not owe the member anv additional
compensation under this section.
SECTION 5. — Miscellaneous
A. Reductions in Force/Layoffs
The provisions of this section shall apply when the City Manager determines that a
reduction in the work force is warranted because of actual or anticipated reductions in
revenue, reorganization of the work force, a reduction in municipal services, a reduction
in the demand for service or other reasons unrelated to the performance of duties by any
specific employee. Reductions in force are to be accomplished, to the extent feasible, on
the basis of seniority within a particular Classification or Series and this Section should
be interpreted accordingly.
DEFINITIONS
1. "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.
2. "Classification" shall mean one or more full time positions identical or similar in
duties not including part-time, seasonal or temporary positions. Classification
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
10-29
27
within a Series shall be ranked according to pay (lowest ranking, lowest pay).
3. "Layoffs" or "Laid Off' shall mean the non -disciplinary termination of employment.
4. "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 regular
status in the current Classification or any Classification within the Series, subject
to the following:
a. Credit shall be given only for continuous service subsequent to the most recent
appointment to regular status in the Classification or Series; and
b. Seniority shall include time spent on,strial leave, military and leave
all City, state and/or federally protected and authorized
leaves but shall not include time spent on any other of itherized or unauthorized
leave of absence.
5. "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.
PROCEDURE
In the event the City Manager determines to reduce the number of employees within a
classification, the following procedures are applicable:
1. Probationary employees within any Celassification shall, in that enter be laid off
before regular employees.
2. Employees within a CElassification shall be laid off in inverse order of Sseniority.
3. An employee subject to Ltayoff in one CElassification shall have the right to Bbump
a less senior employee in a lower ranking Celassification within a Sseries. An
employee who has Bbumping rights shall notify the Department Director within
three (3) working days after notice of Ltayoff of Ns h their intention to exercise
Bbumping R -rights.
4. In the event two or more employees in the same CElassification are subject to
Ltayoff and have the same Sseniority, the employees shall be laid off following the
Department Director's consideration of esttabloshed finalized performance
evaluations.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
10-30
NOTICE
Employees subject to Llay-off shall be given at least thirty (30) days advance notice of
the Llayoff or thirty (30) days' pay in lieu of notice. In addition, employees laid off will be
paid for all accumulated paid leave and holiday leave (if any).
REEMPLOYMENT
Employees who are laid off shall be placed on a Department re-employment list in reverse
order of Llayoff. The re-employment list shall expire in eighteen (18) months. In the event
a vacant position occurs in the Cel ass ification which the employee occupied at the time
of Llayoff, or a lower ranking Celassification within a Sseries, 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",,,s er hertheir 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 er he their name
from the re-employment list by sending written confirmation to the Human Resources
Director.
SEVERANCE
If an employee is Llaid Oeff from their job with the City; 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 Re"^" up to ten (10) weeks of pay.
B. in-gRecruitment and Selection
Position vacancy announcements for available City positions shall be distributed in a
manner that reasonably assures unit members access to the announcements. In order to
select the most qualified individual for vacant positions the City will continue its practice
of "banding" candidates into one of the following ratings: Outstanding, Highly
Recommended, Recommended, and Not Recommended, during the testing process.
Department Directors review qualified candidates in band order, beginning with the top
band and are permitted to hire any eligible candidate from the list (minimum rating of
Recommended).
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.
C. 9/80 Scheduling Plan
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
10-31
29
EMPIE)yeeE; OR the „r;+Unit members -work either a 5/40 or 9/80 e�-work schedule.
Employees assigned to the 9/80 work schedule will have alternating Fridays off with the
City determining which employees will work on each alternating Friday to ensure effective
coverage of the work. Supervisors may approve a different alternating day off based on
extenuating business circumstances.
The City agrees to maintain flex -scheduling where it is currently operating successfully in
this unit.
D. Labor Manaaement Committee
The City will work with NBCEA leadership, through its managers, to establish labor-
management committees departmentally whenever it is mutually determined it is
appropriate to do so.
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NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
10-32
30
E. Discipline - Notice of Intent
Employees who are to be the subject of discipline equal to an unpaid suspension of three
(3) days or greater 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 for to a Skelly meeting before their Department
Director prior to the imposition of the penalty.
All other discipline resulting in less than a three (3) day suspension will be Gee ideFe J will
Rot beis not 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 -of a suspension of one or two days
who wish to appeal the suspension shall have the right to appeal the decision to the City
Manager or designee. Empleyees whe have FeGeiyed a ,e,ritteR reprimand shall have the
right te plaGe GeFFIrneRtS OR the dOGUrneRt prier te plaGerneRt OR. his/her personnel fil
F. Grievance Procedure
Step 1: A grievance may be filed by any employee eR h�;ertheir own behalf, or
jointly by a group of employees, or by the Association. Except as otherwise provided
by law, the Grievance Procedure is the sole and exclusive method by which an
employee or the Association may challenge a provision of this MOU.
A grievance shall be brought to the attention of the immediate supervisor for
discussion within ten (10) days after an employee or Association Board member knew,
or in the exercise of reasonable diligence should have known, the act or events upon
which the grievance +sarises. If the Employee or the Association (if filed by the
Association is not satisfied with the decision reached through the informal discussion
or if extenuating circumstances exist, the Employee or Association shall have the right
to file a formal grievance in accordance with Step 2 of this section. 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 employee or the Association (if filed by the Association) is not in
agreement with the decision rendered in Step 1, the grievant shall have the right to
present a formal grievance to the Department Director within ten (10) Days after the
discussion in Step 1. The right to file a grievance petition shall be waived in the event
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
10-33
31
the Employee or Association fails to file a formal grievance within ten (10) Days after
the occurrence of the incident that forms the basis of the grievance. All formal
grievances shall be submitted on the form prescribed by the Human Resources
Director and no formal grievance shall be accepted until the form is complete. The
formal grievance shall contain a clear, concise statement of the grievance, the facts
upon which the grievance is based, the rule, regulation or policy the interpretation of
which is involved in the grievance, and the specific remedy or remedies sought by the
grievant. The Department Director should render a written decision within ten (10)
Days after receipt of the formal grievance.
Step 3: If the formal grievance has not been satisfactorily adjusted in Step 2, it may
be appealed to the City Manager within ten (10) Days after the Employee receives the
decision. The City Manager may accept or reject the decision of the Department
Director and shall render a written decision within ten (10) Days after conducting a
grievance hearing. The decision of the City Manager shall be final and conclusive. If
mutually agreeable, a meeting may be conducted involving all affected parties at any
step in the grievance procedure prior to a decision. The City Manager may delegate
uninvolved Department Directors to act on behalf of the City Manager to provide
findings and recommendations. The findings and recommendations of the uninvolved
Department Directors are advisory only and the City Manager's decision shall be final.
Time Limits: Grievances shall be processed from one step to the next within the time
limit indicated for each step. Time limits shall be strictly enforced. Any time limits can
be waived or extended only by mutual agreement confirmed in writing. Any grievance
not carried to the next step by the Employee or Association within the prescribed time
limit shall be deemed resolved upon the basis of the previous decision.
G. Probation
1. Probationary Period
Newly hired employees shall serve a twelve (12) month probationary period. The
probationary period for promoted employees shall be six
(6) months.
Newly hired employees shall become eligible for their first step increase after twelve
(12) months. All other City rules regarding step increases shall remain unchanged.
2. Failure of Probation
(a) New Probation
An employee on new probation may be released at the sole discretion of the City at
any time without right of appeal or hearing, except as provided in (c), below.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 201�vr920217 712022-2025
10-34
32
(b) Promotional Probation
An employee on promotional probation may be failed at any time without right of
appeal or hearing, except as provided in (c), below, and except that failing an
employee on promotional probation must not be arbitrary, capricious or unreasonable.
An employee who fails promotional probation shall receive a performance evaluation
stating the reason for failure of promotional probation.
When an employee fails his or heTtheir -promotional probation, the employee shall
have the right to return to "i�eTtheir former class provided the employee was not
in the previous class for the purpose of training for a promotion to a higher class. When
an employee is returned to his ^e he their former class, the employee shall serve the
remainder of any uncompleted probationary period in the former class.
If the employee's former class has been deleted or abolished, the employee shall have
the right to return to a class in his or he former occupational series closest to, but
no higher than, the salary range of the class which the employee occupied
immediately prior to promotion and shall serve the remainder of any probationary
period not completed in the former class.
H. Salary on Reclassification
An employee who is reclassified will be provided with a salary increase to the nearest
step closest to five (5%) percent (not to exceed the maximum of the new salary range).
I. Uniforms and Safety Equipment
For assigned Park Patrol staff, uniforms shall be worn at all times during regular business
hours. Park Patrol shall be provided with City designated shirts, shorts, pants, boots,
jacket, and hat annually. Additional equipment or supplies may be issued to employees
by the Department as deemed appropriate. If the provided winter jacket or work boots are
lost, the employee shall replace the item with one from an authorized vendor. Work boots
shall provide toe protection and meet Department safety standards. The Department
Head or designee may approve exceptions to wearing uniforms.
The City will continue its practice of directly paying for dry cleaning for individuals in the
Park Patrol classification.
J. 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.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 201�vr920217 712022-2025
10-35
33
K. Direct Deposit
All employees shall participate in the payroll direct deposit system.
L. Telecommuting Program
The City agrees to a telecommuting program that will provide for 80 hours of
telecommuting hours to be used in accordance with City policy. While unit members are
invited to participate in policy formation, the terms and conditions are subject to
management approval before the program will be implemented. Additionally, the
provisions of the policy shall not trigger any right of grievance or appeal. This will be a
pilot program which shall terminate upon the expiration of this MOU. Once approved, a
coav of the DOlicv aovernina this Droaram will be attached as an addendum to this MOU.
M. Separability
Should any part of this MOU or any provision herein contained be rendered or declared
invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a
Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall
not invalidate the remaining portion hereto, and same shall remain in full force and effect.
Signatures are on the next page.
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU 20�1O�vr. 202 r'n'�12022-2025
10-36
34
Executed this day of , 2-0192021:
FOR THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION:
FOR THE CITY OF NEWPORT BEACH
By:
Brad Avery, Mayor
CITY OF NEWPORT BEACH
APPROVED AS TO FORM
Aaron C. Harp, City Attorney
ATTEST:
Leilani Brown, City Clerk
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION MOU'^'=o- 9 20212022-2025
10-37
DRAFT OF PROPOSED SALARY SCHEDULE ADJUSTMENTS
Exhibit A 35
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION
MOU Term: January 1, 2022 - December 31, 2025
1.0 % Cost of Living Adjustment
Effective the pay period including January 1, 2022
1 Hourly pay rates are rounded to the nearest hundredth.
Z Monthly pay rates are rounded to nearest whole dollar.
10-38
HOURLY PAY RATE 1
MONTHLY PAY RATE Z
REPRESENTED POSITIONS
MIN
MAX
MIN
MAX
Assistant, Administrative
$30.64
$43.06
$5,311
$7,463
Assistant, Department
$24.59
$34.57
$4,262
$5,992
Assistant, Office
$21.02
$29.59
$3,643
$5,128
Buyer
$30.71
$43.18
$5,323
$7,485
Buyer, Senior
$36.24
$50.99
$6,282
$8,838
Fiscal Clerk
$22.17
$31.22
$3,842
$5,412
Fiscal Clerk, Senior
$25.81
$36.31
$4,473
$6,294
Fiscal Specialist
$29.90
$42.08
$5,182
$7,294
Inventory Analyst
$26.30
$37.04
$4,559
$6,420
Librarian 1
$30.25
$42.55
$5,243
$7,375
Librarian II
$33.24
$46.81
$5,761
$8,114
Librarian 111
$36.59
$51.47
$6,342
$8,922
Library Assistant
$25.72
$36.18
$4,459
$6,272
Library Clerk 1
$20.04
$28.18
$3,474
$4,885
Library Clerk II
$22.17
$31.22
$3,842
$5,412
Library Clerk, Senior
$25.72
$36.18
$4,459
$6,272
Mail Processing Clerk, Senior
$23.28
$32.76
$4,035
$5,679
Marketing Specialist
$30.64
$43.07
$5,311
$7,465
Park Patrol Officer
$21.84
$30.73
$3,786
$5,327
Park Patrol Officer, Lead
$24.51
$34.49
$4,248
$5,978
Public Works Specialist
$29.79
$41.96
$5,164
$7,272
Records Specialist
$30.64
$43.06
$5,311
$7,463
Recreation Coordinator
$28.33
$39.87
$4,911
$6,911
Recreation Supervisor
$33.12
$46.62
$5,740
$8,081
1 Hourly pay rates are rounded to the nearest hundredth.
Z Monthly pay rates are rounded to nearest whole dollar.
10-38
DRAFT OF PROPOSED SALARY SCHEDULE ADJUSTMENTS
W.
Exhibit A
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION
MOU Term: January 1, 2022 - December 31, 2025
1.5 % Cost of Living Adjustment
Effective the pay period including January 1, 2023
1 Hourly pay rates are rounded to the nearest hundredth.
Z Monthly pay rates are rounded to nearest whole dollar.
10-39
HOURLY PAY RATE 1
MONTHLY PAY RATE Z
REPRESENTED POSITIONS
MIN
MAX
MIN
MAX
Assistant, Administrative
$31.10
$43.70
$5,391
$7,575
Assistant, Department
$24.96
$35.09
$4,326
$6,082
Assistant, Office
$21.33
$30.03
$3,698
$5,205
Buyer
$31.17
$43.83
$5,403
$7,598
Buyer, Senior
$36.78
$51.75
$6,376
$8,970
Fiscal Clerk
$22.50
$31.69
$3,900
$5,493
Fiscal Clerk, Senior
$26.19
$36.85
$4,540
$6,388
Fiscal Specialist
$30.35
$42.71
$5,260
$7,404
Inventory Analyst
$26.70
$37.60
$4,628
$6,517
Librarian 1
$30.70
$43.18
$5,321
$7,485
Librarian II
$33.74
$47.52
$5,848
$8,236
Librarian 111
$37.14
$52.25
$6,437
$9,056
Library Assistant
$26.11
$36.72
$4,526
$6,366
Library Clerk 1
$20.35
$28.61
$3,526
$4,958
Library Clerk II
$22.50
$31.69
$3,900
$5,493
Library Clerk, Senior
$26.11
$36.72
$4,526
$6,366
Mail Processing Clerk, Senior
$23.63
$33.25
$4,096
$5,764
Marketing Specialist
$31.10
$43.71
$5,391
$7,577
Park Patrol Officer
$22.17
$31.19
$3,843
$5,407
Park Patrol Officer, Lead
$24.88
$35.01
$4,312
$6,068
Public Works Specialist
$30.24
$42.58
$5,242
$7,381
Records Specialist
$31.10
$43.70
$5,391
$7,575
Recreation Coordinator
$28.76
$40.47
$4,985
$7,014
Recreation Supervisor
$33.61
$47.32
$5,827
$8,203
1 Hourly pay rates are rounded to the nearest hundredth.
Z Monthly pay rates are rounded to nearest whole dollar.
10-39
DRAFT OF PROPOSED SALARY SCHEDULE ADJUSTMENTS
Exhibit A 37
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION
MOU Term: January 1, 2022 - December 31, 2025
2.0 % Cost of Living Adjustment
Effective the pay period including January 1, 2024
1 Hourly pay rates are rounded to the nearest hundredth.
Z Monthly pay rates are rounded to nearest whole dollar.
10-40
HOURLY PAY RATE 1
MONTHLY PAY RATE Z
REPRESENTED POSITIONS
MIN
MAX
MIN
MAX
Assistant, Administrative
$31.72
$44.58
$5,499
$7,727
Assistant, Department
$25.46
$35.79
$4,413
$6,204
Assistant, Office
$21.76
$30.63
$3,772
$5,309
Buyer
$31.79
$44.71
$5,511
$7,749
Buyer, Senior
$37.52
$52.79
$6,503
$9,150
Fiscal Clerk
$22.95
$32.32
$3,978
$5,603
Fiscal Clerk, Senior
$26.72
$37.59
$4,631
$6,516
Fiscal Specialist
$30.95
$43.57
$5,365
$7,552
Inventory Analyst
$27.23
$38.35
$4,720
$6,647
Librarian 1
$31.31
$44.05
$5,428
$7,635
Librarian II
$34.41
$48.47
$5,965
$8,401
Librarian 111
$37.88
$53.29
$6,566
$9,237
Library Assistant
$26.63
$37.46
$4,616
$6,493
Library Clerk 1
$20.75
$29.18
$3,597
$5,057
Library Clerk II
$22.95
$32.32
$3,978
$5,603
Library Clerk, Senior
$26.63
$37.46
$4,616
$6,493
Mail Processing Clerk, Senior
$24.10
$33.92
$4,177
$5,879
Marketing Specialist
$31.72
$44.59
$5,499
$7,729
Park Patrol Officer
$22.61
$31.82
$3,920
$5,515
Park Patrol Officer, Lead
$25.37
$35.71
$4,398
$6,189
Public Works Specialist
$30.85
$43.44
$5,347
$7,529
Records Specialist
$31.72
$44.58
$5,499
$7,727
Recreation Coordinator
$29.33
$41.28
$5,085
$7,154
Recreation Supervisor
$34.29
$48.27
$5,943
$8,367
1 Hourly pay rates are rounded to the nearest hundredth.
Z Monthly pay rates are rounded to nearest whole dollar.
10-40
DRAFT OF PROPOSED SALARY SCHEDULE ADJUSTMENTS
38
Exhibit A
NEWPORT BEACH CITY EMPLOYEES ASSOCIATION
MOU Term: January 1, 2022 - December 31, 2025
2.0 % Cost of Living Adjustment
Effective the pay period including January 1, 2025
1 Hourly pay rates are rounded to the nearest hundredth.
Z Monthly pay rates are rounded to nearest whole dollar.
10-41
HOURLY PAY RATE 1
MONTHLY PAY RATE Z
REPRESENTED POSITIONS
MIN
MAX
MIN
MAX
Assistant, Administrative
$32.36
$45.47
$5,608
$7,881
Assistant, Department
$25.97
$36.51
$4,501
$6,328
Assistant, Office
$22.20
$31.24
$3,847
$5,415
Buyer
$32.43
$45.60
$5,621
$7,904
Buyer, Senior
$38.27
$53.84
$6,633
$9,333
Fiscal Clerk
$23.41
$32.97
$4,057
$5,715
Fiscal Clerk, Senior
$27.25
$38.34
$4,724
$6,646
Fiscal Specialist
$31.57
$44.44
$5,473
$7,703
Inventory Analyst
$27.78
$39.11
$4,815
$6,780
Librarian 1
$31.94
$44.93
$5,536
$7,788
Librarian II
$35.10
$49.43
$6,084
$8,569
Librarian 111
$38.64
$54.36
$6,697
$9,422
Library Assistant
$27.17
$38.21
$4,709
$6,623
Library Clerk 1
$21.17
$29.76
$3,669
$5,159
Library Clerk II
$23.41
$32.97
$4,057
$5,715
Library Clerk, Senior
$27.17
$38.21
$4,709
$6,623
Mail Processing Clerk, Senior
$24.58
$34.60
$4,261
$5,997
Marketing Specialist
$32.36
$45.48
$5,608
$7,883
Park Patrol Officer
$23.06
$32.45
$3,998
$5,625
Park Patrol Officer, Lead
$25.88
$36.42
$4,486
$6,313
Public Works Specialist
$31.46
$44.30
$5,454
$7,680
Records Specialist
$32.36
$45.47
$5,608
$7,881
Recreation Coordinator
$29.92
$42.10
$5,186
$7,298
Recreation Supervisor
$34.97
$49.23
$6,062
$8,534
1 Hourly pay rates are rounded to the nearest hundredth.
Z Monthly pay rates are rounded to nearest whole dollar.
10-41
Draft
Exhibit B
CITY EMPLOYEES ASSOCIATION
List of Proposed Certifications for Pay
MOU Term: January 1, 2022 - December 31, 2025
CERTIFICATE
MONTHLY AMOUNT
Geitfieri Revenue Offiner*
(Removed upon the MOU 2022-25 adoption)
Forklift Training Certificate *
$45
Public Notary**
$45
* Only those unit members who were receiving the certificate pay at time of the
2012-15 MOU are eligible for the benefit.
** Language added in 2015-18 MOU: only available to CEA members in
administrative support positions and must be used for City business.
UPDATE: Remove the Certified Revenue Officer Certificate upon
adoption of the 2022-25 MOU.
39
10-42
Key Contract Terms
Cost of Living Adjustment
Other Proposals
City Paid Disability Premiums Z
Summary of Proposal Cost 3
Baseline Compensation
Base Pay
Supplemental Pays
Overtime
Pension Contribution
Cafeteria Plan
Other City Paid Benefits 4
SubTotal
Other Proposals
Deferred Compensation $30 per member
Deferred Compensation Plan (groups tiered)
Disability Premiums
Deferred Compensation Bonus - $500 in year 2 only
SubTotal
Total
City of Newport Beach
CEA - Analysis of Tentative Agreement
October 26, 2021
1.00% 1.50%
1% Deduction Eliminated
ATTACHMENT B
2.00% 2.00%
$7,294,055
$72,941
$183,445
$332,996
$485,537
$1,074,918
21,932
32
80
145
212
469
20,366
204
512
930
1,356
3,001
2,063,840
20,586
51,773
93,979
137,030
303,367
1,945,800
-
-
-
-
-
655,711
3,614
9,089
16,499
24,057
53,259
$12,001,704
$97,375
$244,899
$444,548
$648,190
$1,435,013
-
33,840
33,840
33,840
101,520
-
8,640
10,920
13,080
32,640
47,620
48,335
49,301
50,287
195,543
-
47,000
-
-
47,000
-
47,620
137,815
94,061
97,207
376,703
$ 12,001,704
$ 144,996
$ 382,714
$ 538,610
$ 745,398
$ 1,811,717
Cumulative Impact on Employee Compensation
Base Salary Increases 1.00% 2.52% 4.57% 6.66%
Pre -Tax Take -Home Pay Increase Z 2.30% 3.82% 5.87% 7.96%
Total Compensation Increase 6 1.21% 3.19% 4.49% 6.21%
Notes
1 One percent of current total compensation is equal to $120,017.
Z The impact of the elimination of the 1% post -tax payroll deduction currently imposed on employees on take-home pay is roughly equivalent to a 1.3% increase in salary.
3 Costs shown in year two reflect the cumulative budget impact in each year as compared to the current budgeted amounts.
4 Includes Medicare, compensated absences, employee assistance program, phone allowances, life insurance, and retiree health savings.
s Percentage shown in each year is as compared to current base salary, not the prior year.
6 Measured based on the total of all pay and benefits. Percentage shown in each year is as compared to current total compensation, not the prior year.
10-43
ATTACHMENT C
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES
ASSOCIATION
This MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU") is entered
into with reference to the following:
aNA-11LT, W14
1. The Newport Beach Professional and Technical Employees Association ("NBPTEA"
or "Association"), a recognized employee organization, affiliated with the Laborers'
International Union of North America, Local 777 (LIUNA), 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 an agreement as to
wages, hours and other terms and conditions of employment. This shall- apply to all
affected employees for the term of January 1, 201-92022 through December 31, 2021
2025 and this agreement has been embodied in this MOU.
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
A. Recognition
In accordance with the provisions of the Charter of the City of Newport Beach, the Meyers
Milias Brown Act of the State of California and the provisions of the Employer's/Employee
Labor Relations Resolution No. 2001-50, the City acknowledges that 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.
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, 2-0192022. This MOU shall remain in full force and effect until
December 31, 20212025, and the provisions of this MOU shall continue after the
10-44
2
date of expiration of this MOU in the event the parties are meeting and conferring
on a successor MOU.
2. The provisions 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 NBPTEA officers designated by the NBPTEA shall collectively be granted
an annual maximum of 150 hours paid release time for the conduct of NBPTEA
business. Such time shall be exclusive of actual time spent in collective bargaining
and shall be scheduled at the discretion of the NBPTEA 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
NBPTEA written communication in the WGFk
4. Each January, the City will examine the number of Release Time hours the
Association used the preceding year. If the Association used Iin eXGess ofmore
than 75% of the hours normally granted (150), the Association will be granted an
additional 30 hours for that year.
D. Scope
1. 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.
2. 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.
3. Pursuant to this MOU, the City reserves and retains all of -its inherent exclusive
and non—exclusive managerial rights, powers, functions and authorities
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019 20912022-2025
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("Management Rights") as set forth in Resolution No. 2001-50. 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;
(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 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; and
(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.
E. Employee Data and Access
In January and July of each year, the NBPTEA will be provided with a listing of all unit
members. The listing will include name, department, and job title. Information concerning
the NBPTEA prepared by the NBPTEA will be provided to new employees at the time of
orientation.
The City shall provide NBPTEA with access and information regarding new employ
and existing unit members as required by law. NBPTEA designated officers shall be
entitled to solicit membership from new employees at their work site. This solicitation shall
be made from the total release time for NBPTEA Officers and shall be scheduled in a
manner that is not disruptive to departmental operations. Department heads may
determine appropriate times for new employee contact, but they cannot reasonably deny
ci irh rnntart
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 20192^912022-2025
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F. Conclusiveness
With the exception of a separate MOU covering retirement issues, this MOU contains all
of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for
the term 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.
As provided in the Employer -Employee Relations Resolution No. 2001-50, the City shall
determine the mom^^ter ^#" G#VVa r City services are to be provided, including whether
the City should provide services directly or contract out work, including work that is
currently being performed by Association members. In the event the City introduces a
plan to outsource services currently being performed by Association members to achieve
greater efficiency and/or cost savings, and upon request by the Association, the City shall
meet and confer with Association representatives to discuss the impacts of the City's
decision to contract out work. The City shall retain sole authority to decide whether or not
to contract out work, including work that is currently being performed by Association
members. This provision shall not limit the City's authority to enter into such an agreement
for any City services.
G. Modifications
Any agreement, understanding, 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.
H. Association Dues
1. The collection of Association dues shall be handled through the payroll deduction
process.
2. The Association and LIUNA agree to defend, indemnify and hold harmless the City
for its collection of Association dues.
SECTION 2. —Compensation
A. Salary
Base salary increases for all NBPTEA represented classifications shall be as follows and
as specified in Exhibit A:
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
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Effective the pay period that includes January 1, 2022,
this MQU, there shall s salaries will be increased bar of two norGeRt (2.01%)
one percent (1.0%) for all represented classifications.
Effective the pay period that includes January 1, 2-0202023, base salaries will be
increased by two nor,.or+ (2 n°i gone and one-half percent 1.51/o for all represented
classifications.
Effective the pay period that includes January 1, 20242024, base salaries will be
increased by two percent (2.0%) for all represented classifications.
Effective the pay period that includes January 1, 2025, base salaries will be increased by
two percent (2.0%) for all represented classifications.
B. Overtime
Advanced Approval - Employees must have advanced approval from their
supervisor to work overtime.
2. FLSA Overtime - Overtime earned for actual work hours in excess of 40 in the
employee's defined FLSA workweek.
3. Contract Overtime — Overtime earned for an employee whose hours paid in their
defined FLSA workweek exceeds 40. For purposes of calculating hours paid for
contract overtime, holidays occurring during the work week count as time worked.
The use of other forms of leave do not count as hours worked for purposes of
calculating hours paid for determining eligibility for contract overtime.
4. Rate at Which Overtime is Calculated — Beth FLSA and Contract Overtime (paid
at time and one half — 1.5) shall be calculated at the regular rate of pay, except
that the rate at which Contract Overtime is calculated shall not include the City's
Cafeteria Plan Allowance, the opt -out Cafeteria Plan Allowance, or any cash back
an employee may receive from the Cafeteria Plan Allowance by choosing benefits
which cost less than the Allowance.
5. Workweek for Purposes of Calculating Overtime — For employees who work the
9/80 work schedule, their defined FLSA workweek shall begin exactly four hours
after the start time of their shift on their alternating regular day off (i.e., their eight-
hour day) and end exactly 168 hours later. For employees who work a 5/40 work
schedule, their workweek shall begin on Saturday at 12:01 a.m. and will end
exactly 168 hours later the following Saturday at 12:00 a.m.
6. Work Schedule — Regardless of the type of work schedule an employee is
assigned (e.g., 5/40 and 9/80), full --time employees are regularly scheduled to
work few (40-)40 hours in their defined FLSA workweek.
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 20192^9'2022-2025
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7. Reporting Time - The City calculates overtime in tenths of an hour. Employees
shall report their time worked to the nearest tenth of an hour.
C. Weekend Standby
Information Technology staff assigned Standby standby duty for the purpose of
responding to calls for service during the weekend shall be paid $3 per hour for each hour
of assigned standby duty. Weekend will be defined as the 62 hours beginning on Friday
at 5:00 p.m. and concluding Monday at 7:00 a.m. for a total of 62 hours per weekend.
Time on standby is not considered hours worked. This provision is not intended to be a
guarantee of hours and the City shall retain the right to determine when Standby standby
duty shall be assigned.
D. Call BaGI Callback Du
1. Defined
Call-back duty requires the employee to respond to a request to return to #the their
w erk statoGnworkstation after the normal work shift has been completed and the
employee has left F„,-,rs/-IcIc+their normal ` erk stati"r,workstation. 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.
2. Compensation
All employees shall receive a minimum of two (2) hours pay. If an employee works
more than two (2) hours, hr /shefty shall receive pay for actual hours worked.
E. Accumulation of Compensatory Time Off
Unit members who are non-exempt (from overtime) may receive compensatory time off
(CTO), in lieu of cash, as compensation for overtime hours worked at the rate of one -and -
one -half hours 0 44) for each hour of overtime worked. An employee may only awe
earn CTO if requested and then approved by the employee's supervisor. Call-back time
may be converted to CTO with supervisor approval.
Employees may accumulate up to eighty 0)80 hours of CTO. Any hours earned in
excess of 80 will be paid out to the employee the following pay period. Once a unit
member reduces the balance below 80 hours, additional hours may be earned again up
to the 80 hour cap. if,f aR employee has eighty (80` he arc of aGGrue 'd CTO, he/she will
be able to aGGrue additional GTO unto! he/she uses GTO te redLIGe his/her balanGe below
eighty (80) hours.
F. Night -Shift Differential
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 20192^9'2022-2025
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Unit members who are regularly assigned a work schedule of which four or more hours
are worked between the hours of 5 p.m. and 5 a.m. shall receive a shift differential pay of
$1.00 per actual hour worked; payable for each hour worked after 5 p.m. The (mit„ agrees
work shift of which four or mere hours are worked between the hours of 5 p.m. anal 5 a m
Overtime worked as an extension of the -an assigned day shift shall not qualify an
employee for night -shift differential. The diff eree.n+iol pay is noir) eely for hours aGt a4y
weed -
The parties agree that to the extent permitted by law, the City shall report to the California
Public Employees' Retirement System (CaIPERS) shift differential pay as Special
Assignment Pay
as su pursuant to Title 2 CCR, Section 571(a)(4) and/or Section 571.1 (b)(3) Shift
Differential.
G. Associate Civil Enaineer and Junior Civil Enaineer
Employees in the class of Associate Civil Engineer and Junior Civil Engineer who are
registered by the State of California shall receive an additional compensation of five (5%)
percent of base pay per month.
H. Court Time
Employees who are required to appear in Court court during their off-duty hours in
connection with City business shall receive a minimum of two hours pay. If an employee
is actually in court for more than two hours, the member shall receive pay for actual hours
worked. evertome GOMpeRsatien (irr dditionol hei irs of iolify as every imrr 1�te Rumbeerr
ef heuFs they spend on GGUFt, with a minimum ef twe (2) heurs ef GUGh GE)Mpensatie-n-.
I. Certificate Pay
related nertifoGates henefiniol to City enerotiens. Effective January 1, 2013, the Gert e
certificate payday program was modified to eliminate "inactive" certificates and "sunset"
certain active certificates. Employees currently receiving pay for a "sunset" certificate are
considered grandfathered under the program, but no further employees W*shall be
eligible. The complete list of eligible certificates and the corresponding benefit is listed in
Exhibit B. All other procedures associated with Certi#+Eate-Paycertificate pay remain in
effect, including a limitation of payment for a maximum of five certificates per employee.
The parties agree that to the exteRt permitted by law, GertifiGates whiGh qualify as speGiat
GOMpensation shal�ppd�
reported D S
sanh�`J pursuant to Title GGR SenrtcrvPr
571 er 571 1 "'NN
The parties agree that to the extent permitted by law, the City shall report to the California
Public Employees' Retirement System (CaIPERS) eligible certificate pays as Educational
Pay pursuant to Title 2 CCR, Section 571 (a)(2) and/or 571.1 (b)(2).
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 20192^9'2022-2025
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J. Acting Pay
NBPTEA employees will-beare eligible to receive "acting pay" only after completing 80
consecutive hours in the higher classification. Once the 80 hour requirement has been
satisfied, acting pay will be granted for all hours worked above 40 hours beginning with
the 41St hour worked in the higher classification. Acting pay is 407.5an additional 7.5% of
the employee's base pay rate.
The parties agree that to the extent permitted by law, and in accordance with Government
Code §20480 Out -of -Class Appointment Limitations, the City shall report to the California
Public Employees' Retirement System (CaIPERS) acting pay as Premium Pay pursuant
to Title 2 CCR Section 571(a)(3) Temporary Upgrade Pay. For "new members" as defined
by the Public Employees' Pension Reform Act of 2013, acting pay will not be reported as
pensionable compensation to Cal PERS. The employee must be performing 100% of the
duties in the higher classification for temporary upgrade pay to be reportable.is Fal
571 (a)(3) Temporary Upgrade Dori
Upon determination of the Department Director that an employee's ability to speak, read
and/or write in Spanish contributes to the Department providing better service to the
public, #4e -employees in positions that require additional languages as part of their normal
duties shall be eligible to receive eneOne hundred Hundred Fifty ($150.00) dollars
per month (paid each pay period) in bi-lingual pay. The certification process will confirm
that -the employee is fluent at the street conversational level in speaking, reading and/or
writing Spanish. Employees certified shall receive bi-lingual pay the first full pay period
following certification.
Additional languages may be certified for compensation pursuant to this section by the
Department Director with the concurrence of the Human Resources Director.
The parties agree that to the extent permitted by law, the City shall report to the California
Public Employees' Retirement System (CaIPERS) Bilingual pay as Special Assignment
Pte.An And �h 11 be repeFted to GaIPERS as s
pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Dromic Omand/or 571.1(b)(3) Bilingual
Premium.
L. Assignment Pay
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
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An employee appointed by the Community Development Director to regularly perform the
duties of the Zoning Administrator as set forth in the Zoning Code shall be provided
temporary assignment pay at five percent (5%) above the employee's base pay, to be
paid on an hourly basis for all hours worked in the assignment. This assignment pay is
temporary and will cease once the employee is no longer performing the duties of the
Zoning Administrator.
AR --Assistant Planners appointed by the Planning Director to regularly perform the lead
duties at the Plan Check Counter shall be provided temporary assignment pay at five
(5%) percent above the employee's base pay, paid on an hourly basis for all hours worked
in the assignment. This assignment pay will cease once the employee is no longer
performing the duties of the lead person at the Plan Check Counter.
1,.
le
_ _ r
SECTION 3. — Leaves
A. Flex Leave
Members accrue flex leave in lieu of vacation and sick leave. An emDlovee accrues a
designated number of flex leave hours while in paid status and based upon years of
service. Years of service is determined by the number of continuous, full-time nears a
member is employed by the City.
Unit members shall accrue Flex -flex leave at the following hourly rates:
Years of Continuous Hrs. Accrued Per Annual Hours Max Allowable
Service Pav Period Balance (hours)
20 but less than 25 9.38 243.88 731.64
25 anti mover 1(l_no 26n no 760.00
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
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Members shall accrue three (3) months (i.e., 39 hours) of flex leave in the manner and as
provided ,R the—e"a4--above) upon completion of three (3) months of continuous
employment with the City of Newport BeaGh provided however, this amount shall be
reduced by any flex leave time advanced during the first three (3) months of employment.
At the completion of threes months of employment, three (3) months of accrued Flex
leave will be placed in the employee's account.
1. Limit on Accumulation
ARY fleX leave eaFRed 'R 8XGeGG of this level will be paid OR aR heyF f9F hewF baSis MR
Gashi/cYl�Yor�at the pleyee's hourly rate of pay. Members hired prior to July
1, 19961 shall be paid for earned flex leave in excess of the maximum "meted
aGGruQallowable balance has spillover pay 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 accruing at the 16 years of continuous service level or above shall
be required to use 120 hours of flex leave the previous calendar year to receive
spillover pay. Employees who have not utilized the required amount of leave the prior
calendar year shall not be eligible to accrue time above the maximum aGGrUal
4R44allowable balance.
Employees first hired, or rehired by the City subsequent to July 1, 1996 shall are not
t�—,eligible for flex leave spill-over pay and shall are not be -entitled to accrue flex leave
in excess of the flex leave aGGri sol thresheldmaximum allowable balance.
2. Method of Use
The Department Director shall approve all requests for flex leave taking into
consideration the needs of the Department, and whenever possible the wishes of the
employee.
B. Holiday Leave
The following days shall be observed as paid holidays (i.e., employees shall have the day
off with pay) by all „nit members. With the exception of the "floating holiday"FT er each
holiday, the Fleating Heliday (where the employee chooses the day off), 9 -aa
eyeeisemployees who are required to work on the holiday ,, they receive their
pay for the holiday and On addition either pay or -fflex Leave for the number of hours
worked on the holiday.
New Year's Day
January 1
Martin Luther King Day
January — 3rd Monday
Washington's Birthday
February — 3rd Monday
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU'019-2^"2022-2025
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Memorial Dav
May — Last Monday
Floating Holiday*
July 1
Independence Day
July 4
Labor Day
September— 1St Monday
Veterans Day
November 11
Thanksgiving Dav
November — 4th Thursday
Friday After Thanksgiving
November — 4th Friday
Christmas Eve
December 24 (last'/2 of workday)
Christmas Day
December 25
New Year's Eve
December 31 (last '/z of workday)
■
ATAI ■ WWI
■
■
MELVA.
SIG
.
ffif■
1 1 ■ .
Holidays are paid based on the employee's regular work -day schedule. For example, if
an employee is on a 9/80 schedule and the holiday is observed on a day that the
employee is regularly scheduled to work nine hours, the employee is entitled to receive
9 -nine hours of holiday pay. However, if an employee is on a 9/80 schedule and the
holiday is observed on a day that the employee is regularly scheduled to work &-eight
hours, the employee is erled-eli ible to receive 8 -eight hours of holiday pay. Emcees
Will revel 8 hours of heliday noxi annually for the Floating I- ekla
Holidays listed above (except the floating holiday) occurring on a Saturday shall
be observed the preceding Friday. Holidays occurring on a Sunday shall be
observed the following Monday. (Half day holidays shall be observed prior to the
observed holiday).
2. Holiday pay will be paid only to employees who work their scheduled day before
and scheduled day after a holiday or are on authorized paid leave (e.g. paid leave
that has been reviewed and approved by the Department Director).
in addition, for all employees an additional 8 hours of fleatil holiday will be added te-
his/her Flex leave anni ami elated total, nn the first nasi period in L ly eanh year. The
floating holiday is awarded on July 1. Eight hours of holiday leave is added to the
member's vacation or flex leave bank on the first Dav Deriod in Julv each vear.
lea
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
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C. Bereavement Leave
Bereavement leave shall be defined as "the necessary absence from duty by an
employee because of the death or terminal illness in hisihefof an immediate family
member." Unit members shall be entitled to forty (40-)40 hours of bereavement leave per
calendar year per incident (terminal illness followed by death is considered one incident).
Bereavement leave shall be administered in accordance with the provisions of the
Employee Policy Manual. Leave hours need not be used consecutively, buthowever they
should ^urbe used in proximate time to the occurrence. For the purposes of this
section, immediate family shall mean an employee's father, mother, stepfather,
stepmother, brother, sister, spouse/domestic partner, child, stepchild, grandparents and
the employee's -member's spouse's/domestic partner's father, mother, brother, sister,
child and grandparents. The provisions of this Section shall not diminish or reduce any
rights a member may have pursuant to applicable provisions of State -state or federal
Fe�'�4—law. AR ernpleyee& member requesting bereavement leave shall notify
his/heftheir supervisor as soon as possible of the need to take leave.
D. Leave Sellback
nig-EaT Rdar year2019,-eEmployees shall have the option (on two occasions) of
selling back on an hour for hour basis, accrued flex or vacation leave. In no event shall
the flex or vacation leave balance be reduced below one hundred and sixty (160) hours.
Hours sold back will be subject to the Retiree Health Savings Plan Part C contributions,
per Section 4 (F), Retiree Medical. For the term of this MOU the Association has elected
Part C contributions for Flex at 0%.
Effeotive OR GaleRdar year2020 and thereafter, emleyees Employees shall have the
option of converting accrued flex IL-eave to cash on an hour for hour basis subject to the
following: On or before the pay period which includes December 15 of each calendar
year, an employee may make an irrevocable election to cash out accrued flex leave which
will be earned in the following calendar year. The employee can elect to receive the cash
out in the pay period which includes June 30 and/or the pay period which includes
December 15 for those flex IL-eave benefits that have been earned during that portion of
the year. In no event shall the flex leave balance be reduced below ^no hundred and sixty
(1604 hours.R or befbFe member 31 into ooGh employee have the Gno_+ime
ccc�racrvr—cv-,Tccr " � � � Y " J urr-rrcrv� ��rrc-nn�c
In addition to the above, staFting ORrEalendar year 2020, an employee who has an
"unforeseen emergency" (defined as an unanticipated emergency that is caused by an
event beyond the control of the employee and that would result in severe financial
hardship to the employee if early withdrawal were not permitted) shall be entitled to make
a request to the Director of Human Resources for a payoff of accrued flex leave. The
amount of flex leave which may be paid )ffcashed out is limited to the amount necessary
to meet the emergency. If there is an unforeseen emergency, an employee can cash out
flex ILeave earlier in the year than described above provided that the remaining balance
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
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is not reduced below ^no hundred and sixty (1603 hours.
SECTION 4. —Fringe Benefits
A. Insurance
1. Benefits Information Committee
The City has established a Benefits Information Committee (BIC) composed of one
representative from each employee association group and up to three City
representatives. The Benefits Information Committee has been established to allow
the City to present data regarding carrier and coverage options, the cost of those
options, appropriate coverage levels and other health programs. The purpose of the
BIC is to provide each employee association with information about health
insurance/programs and to receive timely input from associations regarding preferred
coverage options and levels of coverage.
2. Medical Insurance
The City has implemented an IRS qualified Cafeteria Plan. In addition to the
contribution amounts listed below, the City shall contribute the minimum CalPERS
participating employer's contribution towards medical insurance for employees
enrolled in a CalPERS medical plan, per Government Code Section 22892.
Employees shall have the option of allocating Cafeteria Plan contributions towards the
City's existing medical, dental and vision insurance/programs.
Unused Cafeteria Plan funds shall be payable to the employee as taxable cash back.
Employees shall be allowed to change coverages in accordance with plan rules and
during regular open enrollment periods.
The City's contribution towards the Cafeteria Plan is One Thousand; Seven Hundred
Twenty -Five Dollars x$1,7251 {plus the minimum CalPERS participating employer's
contribution).
NBPTEA members who do not enroll in any medical plan offered by the City must
provide evidence of group medical insurance coverage; and execute an opt -out
agreement releasing the City from any responsibility or liability to provide medical
insurance coverage on an annual basis.
Employees hired prior to the first dog, of the pay period following City CO Unnil apprrirol
of this 20'19_2021 MO l March 16, 2019 who elect to opt out of medical coverage
offered by the City because they have provided proof of minimum essential coverage
("MEC") through another source (other than coverage in the individual market,
whether or not obtained through Covered California) will receive One Thousand
Dollars -$1,000 -.GG) per month in taxable cash. For these same employees, if they
elect medical coverage and spend less than the City contribution provided above,
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
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those unused cafeteria plan funds shall be paid to the employee as taxable cash.
Employees hired on or after the first day of the pay peried following city GeUnGil
approval of this 2019-2-0-21. 1. nnnl (March 16, 2019 who elect to opt out of medical
coverage offered by the City because they have provided proof of minimum essential
Goyerage ("MEC") -through another source (other than coverage in the individual
market, whether or not obtained through Covered California) shall receive Five
Hundred Dollars (-$5008) per month in taxable cash. For these same employees, if
they elect medical coverage and spend less than the City contribution provided above,
there shall be no cash back provided.
On or before July 1, 2023, at the request of either party, the parties shall meet and
confer in good faith to discuss possible changes to the medical benefit program,
contribution levels, or other elements of healthcare services, provided, however, that
any changes to the MOU may only occur by mutual agreement of the parties.
3. Dental Insurance
The existing or comparable dental plans shall be maintained as part of the City's health
plan offerings as agreed upon by the Benefits Information Committee.
4. Vision Insurance
The existing or a comparable vision plan shall be maintained as part of the City's plan
offerings as agreed upon by the Benefits Information Committee.
5. Healthcare Reform
The parties recognize that certain sState and federal laws, programs and
regulations, including the Affordable Care Act, may impact future medical plan
offerings., Either party may request to reopen Section 4A(2) regarding medical
insurance for the purpose of discussing alternative approaches and proposals to
providing healthcare coverage. In add it+eRAdditionally, should State—state or
F-efederal laws concerning taxation of healthcare benefits change, the parties
agree to meet and discuss the impact of such change.
B. Additional Insurance Programs
1. IRS Section 125 Flexible Spending Account
Section 125 of the Internal Revenue Code authorizes an employee to reduce taxable
income for payment of allowable expenses such as child care and medical expenses.
An Association member may request that medical, child care and other eligible
expenses be paid or reimbursed by the Section 125 Plan out of the employee's
account. The base salary of the employee will be reduced by the amount designated
by the employee for reimbursable expenses.
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2. Disability Insurance
The City shall provide Short-term (STD) and Long-term (LTD) disability insurance to
all regular full --time employees with the following provisions:
Short -Term Disability
Long -Term Disability
Benefit Amount 66.67% of covered wa
es66.67% of covered wages
Maximum Benefit $1,846 weekly
$15,000 month)
Waiting Period 30 calendar days
180 calendar days
Employees shall not be required to exhaust accrued paid leaves prior to receiving
benefits under the disability insurance program. Employees may not supplement the
disability benefit with paid leave once the waiting period has been exhausted.
3. Life Insurance
The City shall provide life insurance for all regular full-time employees in $1,000
increments equal to one times the employee's annual salary up to a maximum of
$50,000. At age 70 the City -paid life insurance is reduced by 50% of the pre -70
amount. This amount remains in effect until the employee terminates from City
employment.
C. Employee Assistance Program
City shall provide an Employee Assistance Program (EAP) through a properly licensed
provider. Association members and their family members may access the EAP subject to
provider guidelines.
D. Retirement Benefit
The City contracts with California Public Employees Retirement System (CaIPERS) to
provide retirement benefits for its employees. Pursuant to prior agreements and state
mandated reform, the City has implemented F'Fst, Se^^nd and ThiFd Tioer8tirer en
beAcnefmcsthree different tiers of retirement benefits. cateaorized as Tier I. Tier II and Tier
1. Retirement Formula
The City GE)RtraGtS with PERS to provide retiremeRt benefits for its employees.
PursuaRt t - ements and state mandated reform, the City has implemented
fire senenr� onrt thli d tie. fi
er retirement benets•
,
Tier 4-I: For employees hired by the City on or before November 23, 2012, the
retirement formula shall be the 2.5% @ 55 calculated on the basis of the single highest
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
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year.
Tier 211: For employees first hired by the City between November 24 and December
31, 2012, or hired on or after January 1, 20131 and who are current classic members
of the retirement system, as defined in the Public Employees' Pension Reform Act
("PEPRA"), the retirement formula shall be 2% @ 60 calculated on the average 36
highest month's salary.
Tier 3111: For employees first hired by the City on or after January 1, 2013, and who
do not meet the Tier 2-11 criteria because they are new members as defined by t#e
PEPRA, the retirement formula shall be 2% @ 62 calculated on the average 36
highest month's salary.
2. Employee Contributions
The Association has agreed to share in the rising cost of pension obligations. Under
the terms of this MOU, unit members will contribute additional amounts toward the
CalPERS retirement benefit, to the extent permissible by law. Should any provision
be deemed invalid, the City and Association agree to meet for the purpose of
renegotiating employee retirement contributions. Employees in each Tier will
contribute 13% of pensionable pay toward the retirement benefit.
Employee retirement contributions that are in addition to the normal CalPERS Member
Contribution (of 7% or 8%) shall be calculated on base pay, special pays, and other
pays normally reported as "PERSable" compensation, and will be made on a pre-tax
basis through payroll deduction, to the extent allowable by law. It is recognized that
these payments will not be reported to CalPERS as contributions toward either the
Member or Employer rate, as provided under GC Section 20516(f).
Under a separate agreement, and ratified via a contract amendment with CalPERS in
2008, Tier 4-1 employees shall contribute 2.42% compensation earnable (as cost
sharing) per Government Code section 20516(a).
Tier 4-1 Employees - shall contribute a total employee contribution of 13% as follows: Tier 1
- Eight percent (8%) member contribution, 2.42% of compensation earnable as cost sharing
per Government Code section 20516(a) and 2.58% of compensation earnable as cost
sharing per Government Code section 20516(f).
Tier 2-11 Employees - shall contribute a total employee contribution of 13% as follows:
seven percent (7%) (compensation earnable) member contribution and six percent
(6%) of compensation earnable as cost sharing per Government Code section
20516(f).
Tier 3-111 Employees - The minimum statutory employee contribution for employees in
Tier 3 is subject to the provisions of the o, blip Employees PeRsien Reform On+ of
(PEPRA4 and equals 50% of the "total normal cost". Tier 3 employees shall make an
additional contribution of pensionable compensation toward retirement pursuant to
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Government Code Section 20516(f), such that the total employee contribution equals
13% of pensionable compensation.
The City contracts with CaIPERS for the 4th Level 1959 Survivors Insurance Benefit,
$500 Lump Sum Death Benefit, Sick Leave Credit, Military Service Credit, 2% Cost of
Living Adjustment and the pre -retirement option settlement 2 death benefit
(Government Code Section 21548).
E. LIUNA Supplemental Pension
The sSOGiation unit members agrees to pay any costs and/or contributions associated
with its members' participation in the LIUNA Supplemental Pension Fund. The City's sole
obligation is to forward the agreed upon amount to the fund. The City is not responsible
for, nor does it make any representation regarding the payment of benefits to unit
members.
The employees' contributions to the LIUNA Supplemental Pension Fund are deemed
"picked -up" and treated as employer contributions. Employees cannot opt out of the "pick-
up," or receive the contributed amounts directly instead of having them paid to the plan.
Participation at the same level will continue to be mandatory for members of the
Association.
The Association agrees with the procedural change, and acknowledges that members
who leave City employment prior to vesting in the LIUNA pension plan will still have no
right to return of amounts contributed, or other recourse against the City concerning
LIUNA.
Effective the pay period following Gity GeunGil approval of this M March 16, 2019, unit
members agree to pick up whatever the actual costs and contributions are required by
LIUNA for participation in the LIUNA Supplemental Pension Fund for as long as its
members participate in the LIUNA Supplemental Pension Fund. The parties are not
precluded from discussing the LIUNA Supplemental Pension in future labor negotiations.
The Association and LIUNA agree to defend, indemnify and hold harmless the City for its
actions pursuant to this section. This includes, but is not limited to, any challenge by any
member of the bargaining unit related to making contributions to the Plan or receiving
benefits from the Plan.
F. Retiree Medical Benefit
This is an Integral Part Trust (IPT) RHS Retiree Health Savings (RHS) plan (formerly the
Medical Expense Reimbursement Program - "MERP"). Each member has an individual
RHS account ("Account"), which accumulates based on the category they fall under see
Program Structure below). Funds from the Account may be used for eligible health care
expenses after separation, retirement or a change in personnel status to a position that
does not receive the RHS benefit. These changes in personnel status will activate the
Account and allow funds to be withdrawn until the Account balance is depleted. Since the
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plan restricts all distributions to be spent for health insurance premiums and health care
expenses, as defined by the Internal Revenue Code Publication 502, § 213(d) and the
Plan document the contributions, fund investment earnings and benefit payments (when
withdrawn from the Account) are not taxed. Additionally, certain contributions may only
be deposited upon retirement from the City-. The categories are detailed below.
1. Background
In 2005, the City and all Employee oss^Gia+i^^cNBPTEA agreed to replace the previous
"defined benefit" retiree medical program with a new "defined contribution" program. The
process of fully converting to the new program is ongoing for an extended period. During
the transition, employees and (then) existing retirees were administratively classified into
one of feudifferent categories. The benefit is structured differently for each of the
categories. The categories are as follows:
Category 1 - Employees Rewly hired-aft^r jaRuary 1, 2006 who become
eligible for the benefit after January 1, 2006. This may include new hires,
rehires and part-time employees appointing to full-time status.
. - .. . tif�7.TST
--
om^'^^^c`.Employees who were active and enrolled in the previous defined
benefit as of December 31, 2005, eligible for the new defined contribution
Droaram as of January 1. 2006 and whose aae Dlus vears of service as of
January 1, 2006 was less than 50.
c. Category 3 - Active employees hired prior t^ lona lord 1 2006 whose age plus
yearsof seIPV+n^�s5ergreater (46 f^r p blip safety es) a
daRuafy 1, 2996 -Employees who were active and enrolled in the previous
defined benefit as of December 31, 2005, eligible for the new defined
contribution program as of January 1, 2006 and whose age plus years of
service as of January 1. 2006 was 50 or areater.
2. Eligibility
All NBPTEA members are eliaible for the RHS benefit. However. if a member separates
or chanaes positions to a baraainina unit which does not offer this benefit. the member is
no longer eligible for any contributions to the plan and their Account will be activated for
use and withdrawal of funds by the employee (or former employee). This means if a unit
member subsequently reappoints to a position which offers the RHS benefit, they will be
enrolled in "Category 1" and must revest in the program. Any remaining balance
deposited during prior eligibility will remain in the Account.
Employees who become ineligible (no longer covered by a City employee association
offering the RHS benefit) before vesting forfeit the City's Part B contribution. Said
employee will only receive Part A and Part C contributions. The only exception is an active
employee who separates before vesting due to an approved industrial disability. In such
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case, the employee will receive exactly five years' worth of Part B contributions, using the
employee's age and compensation at the time of separation for calculation purposes. This
amount will be deposited into the employee's RHS account at the time of separation.
RHS accounts are deemed forfeited if the Participant dies with no IRS eligible Survivors
to assume the account balance. An eligible Survivor is defined as (a) the Participant's
lawful spouse, (b) the Participant's child under the age of 27 as defined by IRC Section
152(f)(1), or (c) any other individual who is a person described in IRC Section 152(x)
Upon the death of the Participant's survivors, remaining RHS assets are returned to the
employer's RHS trust after 12 months from the notification of death. Survivors may not
designate a beneficiary under the RHS plan.) lnrder repent IRC Revenue R ilinrr 2005_2
after the death of the employee and his or her
coni ice and/or other authorized dependents /if an i\ must ho forfeiter) That nartini alar
Annoi int will he nlesed anal an i remainin fi inns wmi! heneme eneral assets of the plan
3. Account Contributions
Program StruGture
Account contributions are categorized as Part A, Part B and Part C.
Part A contributions are a mandatory, automatic 1 % employee contribution deducted
each pay period and deposited into the Account through payroll. Deductions begin the
Pay period in which the employee becomes eligible and are reported to CalPERS as
pensionable.
Part B contributions require a five year vesting period which begins when the
employee becomes eligibile for the RHS benefit. At the conclusion of the vesting
period, the City will credit the first five years' worth of Part B contributions into the
Account (interest does not accrue during that period and the contributions are
calculatedat$2.50 per month four each year of the employee's full-timer service plus
age -a Rd the GGR � �tOORs-are-GalGUlatet at��0-; eer me -R h�rea Gh Ga of - -1
eMjDl0Vee'S Ukime serine plus ane) and begin to contribute $2.50 per month for
each year of the employee's full-time service plus age (e.g. 30 years old and five years
of service would be a factor of 35. $2.50 x 35 = $87.50 per month). This factor is
updated annually in the pay period including January 1. Part B contributions are not
reported to CalPERS as pensionable.
The parties agree that the City's Part B contributions during active employment
constitute the minimum CalPERS participating employer's contribution (i.e., the
CalPERS statutory minimum amount) towards medical insurance after retirement. The
parties also agree that, for retirees selecting a CalPERS medical plan, or any other
plan with a similar employer contribution requirement, the required employer
contribution will be deducted from the employer's contribution to the retiree's account.
Part C contributions are determined by Association election and deposited into the
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019 20212022-2025
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Account when flex leave hours are converted to taxable cash through leave cash -out
or at the time of separation or status change. Spillover pay does not qualify for Part C
contributions. Part C contributions are not reDorted to CalPERS as Densionable.
The Association determines the level of contribution for all unit members, subject to
the following constraints. All employees within the Association must participate at the
same level. The participation level shall be specified as a percentage of the flex leave
balance available in each employee's leave bank at the time of separation from the
Com, or status change, or as a percentage of the flex leave balance being cashed out.
For example, if the Association wishes to elect 30% Part C contributions, then each
member leaving the City, or cashing out eligible leave at any other time, would have
the cash equivalent of 30% of the amount that is cashed out deposited to their RHS
Account on a pre-tax basis. The remaining 70% would be paid in cash as taxable
income. Individual employees do not have the option to deviate from this breakout.
The Association may change the Part C contribution amount as part of a meet and
confer process. The purpose and focus of these changes should be toward long-term,
trend type adjustments. Due to IRS restrictions regarding "constructive receipt," the
City will impose restrictions against frequent spikes or drops that appear to be tailored
toward satisfying the desires of a group of imminent retirees.
The Association has decided to participate in Part C contributions at the level of zero
percent (0%) flex leave.
Nothing in this section restricts taking leave for time off purposes.
4. Benefit
a. Category 1: Employees in this category rye make Part A and receive Part B
contributions (subject to vesting) automatically each pay period through payroll
deductions. Part C contributions are received through cash outs. No contributions
are made to Category 1 participants after separation.
b. Category 2: Employees in this category makeFeGeive Part A and receive Part
B contributions (subject to vesting) automatically each pay period through payroll
deductions. Part C contributions are received through cashouts. No contributions
are made to Category 2 participants after separation.
If a Category 2 participant retires from the City of Newport BeaGh with a minimum
of 5 consecutive years of full-time service, the City will contribute to the
participant's Account a one-time contribution equal to $100 per month for every
month the participant contributed to the previous "defined benefit" plan up to a
maximum of 15 years (180 months). This contribution is deposited into the
Account at the time of retirement, and only if the employee retires from the City
and becomes a CalPERS annuitant of the City of Newport Beach. No interest will
be earned in the interim.
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For Category 2 participants with less than five years of continuous contributions
into the prior defined benefit plan as of January 1, 2006, oOnly the years of service
after January 1, 2006 count towards Part B contributions upon vesting_
Contributions in years before 2006 will be paid out as stated in the above
paragraph.
c. Category 3: Employees in this category remake Part A contributions
automatically each pay period through payroll deductions. Category 3 participants
do not receive any Part B contributions. Part C contributions are received through
cash outs.
If an eligible Category 3 participant retires from the City -of Newport Beach, the City
will deposit $400 per month into the Account upon retirement, up to a maximum of
$4,800 per year, less the CalPERS minimum required employer contribution as
determined by CalPERS annually, which shall continue as long as the employee
or surviving spouse/qualified dependent is still living. To offset this expense to the
City, active Category 3 participants will contribute an additional $100 per month to
the Dlan until retirement. There is no cash out ODtion for these funds and thev
cannot be spent in advance of receipt.
Category 3 participants also receive an additional one-time City contribution of $75
per month for every month they contributed to the previous plan prior to January
1, 2006, up to a maximum of 15 years (180 months). This contribution is deposited
into the Account at the time of retirement, and only if the employee retires from the
City. No interest will be earned in the interim. Contributions are contingent upon
remaining a CalPERS annuitant of the City.
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NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019 20212022-2025
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22
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NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019 20212022-2025
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24
2L.5. Administration
Vendors have been selected by the City to administer the program. The contract expense
for program -wide administration by the vendor will be paid by the City. However, specific
vendor charges for individual account transactions that vary according to the investment
actions taken by each employee, such as fees or commissions for trades, will be paid by
each employee.
The City's Deferred Compensation Committee, or its successor committee, ^"'e
has the authority to determine investment options that will be available through the
plan.
G. Tuition Reimbursement
NBPTEA members attending accredited community colleges, colleges, trade schools
or universities, or recognized professional organizations or agencies 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 coursework, seminars or
professional development programs. The maximum annual benefit is $2,000 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 Human Resources Director or designee.
H. Deferred Compensation
All members: Each unit member shall have the right to enroll in the deferred
compensation program set up by the City and subject to the rules of IRS Code section
457. Unit members who enroll in the City deferred compensation program are eligible
for City contributions to their City deferred compensation account as follows:
One -Time Deposit: Effective the first day of the pay period which includes January 1,
2023, unit members who are enrolled in the City's deferred compensation program
will receive a one-time deposit of five hundred dollars ($500). The City is only
obligated to make the contribution if the unit member has enrolled in the deferred
compensation program as of the first day of the pay period which includes January
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
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1, 2023. This deposit is for this pay period only, and does not carry over to
subsequent pay periods. There is no retroactivity.
Matching City Contributions: Effective the first day of the pay period which includes
January 1, 2023, the City shall match a unit member's deferred compensation
contribution up to a maximum of thirty dollars ($30) per month. The City is only
obligated to make the contribution if the unit member has enrolled in the deferred
compensation Droaram. There is no retroactivitv.
Additional matching City contributions to Deferred Compensation Based on Years of
Service: In addition to the City contribution provided above, the City shall ^^^+e
matchte contributions to eligible unit members' deferred compensation accounts as
follows:
Years of
Service
January 1,
2023
January 1,
2024
January 1,
2025
15-19
20
25
30
20-25
25
30
35
25+
30
35
40
Under federal law. there is an annual maximum contribution which may be made to
an employee's IRS Code section 457 account. Although the City will be making
contributions to the members' accounts each pay period as described above, it is the
members' responsibility to track their total contribution amount. If a member's
account contributions reach the annual IRS Code section 457 maximum, the City will
stop making contributions for the remainder of the calendar year and Wi 4shall not owe
the member any additional compensation fe4afe4-underto this section.
SECTION 5. — Miscellaneous
A. Reductions in Force/Layoffs
The provisions of this section shall apply when the City Manager determines that a
reduction in the work force is warranted because of actual or anticipated reductions
in revenue, reorganization of the work force, a reduction in municipal services, a
reduction in the demand for service or other reasons unrelated to the performance of
duties by any specific employee. Reductions in force are to be accomplished, to the
extent feasible, on the basis of seniority within a particular Classification or Series
and this Section should be interpreted accordingly.
DEFINITIONS
1. "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
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 20192^ "2022-2025
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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.
2. "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).
3. "Layoffs" or "Laid Off" shall mean the non -disciplinary termination of
employment.
4. "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
regular status in the current Classification or any Classification within the
Series, subject to the following:
a. Credit shall be given only for continuous service subsequent to the most
recent appointment to regular status in the Classification or Series; and
b. Seniority shall include time spent on iRd ial leave, ;;ftar ave, aPA
leave of abSeRGe withe it paVall City state and/or federally protected and
authorized leaves, but shall not include time spent on any ether auth„rized
e�unauthorized leave of absence.
5. "Series" shall mean two or more classifications within a Department which
require the performance of similar duties with the higher rank[R9
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.
PROCEDURE
In the event the City Manager determines to reduce the number of employees within
a classification, the following procedures are applicable:
1. Probationary employees within any Celassification shall, in that order be laid
off before regular employees.
2. Employees within a CElassification shall be laid off in inverse order of
Sseniority.
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3. An employee subject to Ltayoff in one Celassification shall have the right to
Bbump a less senior employee in a lower ranking Celassification within a
Sseries. An employee who has Bbumping rights shall notify the Department
Director within three (3) working days after notice of Ltayoff of h',,r&lhcFtheir
intention to exercise Bbumping Rrights.
4. In the event two or more employees in the same Celassification are subject to
Ltayoff and have the same Sseniority, the employees shall be laid off following
the Department Director's consideration of established -finalized performance
evaluations.
NOTICE
Employees subject to Ltay-off shall be given at least thirty (30) days advance notice
of the Ltayoff or thirty (30) days' pay in lieu of notice. In addition, employees laid off
will be paid for all accumulated paid leave and holiday leave (if any).
REEMPLOYMENT
Employees who are laid off shall be placed on a Department re-employment list in reverse
order of Ltayoff. The re-employment list shall expire in eighteen (18) months. In the event
a vacant position occurs in the Celass ification which the employee occupied at the time
of Ltayoff, or a lower ranking Celassification within a Sseries, 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 ath,„s er he their 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 er he their name
from the re-employment list by sending written confirmation to the Human Resources
Director.
�9: kyj4:7_1►[a]4
If an employee is Ltaid Oeff from their job with the City; 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 "'ewpert B-eaGh up to ten (10) weeks of pay.
B. SagRecruitment and Selection
Position vacancy announcements for available City positions shall be distributed in a
manner that reasonably assures unit members access to the announcements. In order to
select the most qualified individual for vacant positions the City will continue its practice
of "banding" candidates into one of the following ratings: Outstanding, Highly
Recommended, Recommended, and Not Recommended, during the testing process.
Department Directors review qualified candidates in band order, beginning with the top
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
10-70
band and are permitted to hire any eligible candidate from the list (minimum rating of
Recommended).
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.
C. 9/80 Schedulina Plan
EMPI )y8eS ;R the „n;+Unit members -work either a 5/40 or 9/80 e�-work schedule.
Employees assigned to the 9/80 work schedule will have alternating Fridays off with the
City determining which employees will work on each alternating Friday to ensure effective
coverage of the work. Supervisors may approve a different alternating day off based on
extenuating business circumstances.
The City agrees to maintain flex -scheduling where it is currently operating successfully in
this unit.
D. Labor Management 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.
E. Grievance Procedure
Any employee or group of employees may file a grievance regarding the interpretation
or application of the "Employer -Employee Relations Resolution" (RESOLUTION
2001-50), this MOU, or of rules and regulations, adversely affecting an employee's
wages, hours, or conditions of employment. Except as otherwise provided by law, the
Grievance Procedure is the sole and exclusive method by which an employee or the
Association may challenge a provision of the MOU.
A grievance shall be filed according to the following procedure:
Step 1: A grievance may be filed by any employee on rtheir own behalf, orjointly
by a group of employees, or by the Association.
A grievance shall be brought to the attention of the immediate supervisor for
discussion within ten (10) days after an employee or Association Board member knew,
or in the exercise of reasonable diligence should have known, the act or events upon
which the grievance is based. If the Employee or the Association (if filed by the
Association is not satisfied with the decision reached through the informal discussion
or if extenuating circumstances exist, the Employee or Association shall have the right
to file a formal grievance in accordance with Step 2 of this section. Grievances not
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019-20212022-2025
10-71
29
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 employee or the Association (if filed by the Association) is not in
agreement with the decision rendered in Step 1, the grievant shall have the right to
present a formal grievance to the Department Director within ten (10) Days after the
discussion in Step 1. The right to file a grievance petition shall be waived in the event
the Employee or Association fails to file a formal grievance within ten (10) Days after
the occurrence of the incident that forms the basis of the grievance. All formal
grievances shall be submitted on the form prescribed by the Human Resources
Director and no formal grievance shall be accepted until the form is complete. The
formal grievance shall contain a clear, concise statement of the grievance, the facts
upon which the grievance is based, the rule, regulation or policy the interpretation of
which is involved in the grievance, and the specific remedy or remedies sought by the
grievant. The Department Director should render a written decision within ten (10)
Days after receipt of the formal grievance.
Step 3: If the formal grievance has not been satisfactorily adjusted in Step 2, it may
be appealed to the City Manager within ten (10) Days after the Employee receives the
decision. The City Manager may accept or reject the decision of the Department
Director and shall render a written decision within ten (10) Days after conducting a
grievance hearing. The decision of the City Manager shall be final and conclusive. If
mutually agreeable, a meeting may be conducted involving all affected parties at any
step in the grievance procedure prior to a decision. The City Manager may delegate
uninvolved Department Directors to act on behalf of the City Manager to provide
findings and recommendations. The findings and recommendations of the uninvolved
Department Directors are advisory only and the City Manager's decision shall be final.
Time Limits: Grievances shall be processed from one step to the next within the time
limit indicated for each step. Time limits shall be strictly enforced. Any time limits can
be waived or extended only by mutual agreement confirmed in writing. Any grievance
not carried to the next step by the Employee or Association within the prescribed time
limit shall be deemed resolved upon the basis of the previous decision.
F. Probation
1. Probationary Period
Newly hired employees shall serve a twelve (12) month probationary period. The
probationary period for promoted employees shall be six (6) months.
Newly hired employees shall become eligible for their first step increase after twelve
(12) months. All other City rules regarding step increases shall remain unchanged.
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019 20212022-2025
10-72
30
2. Failure of Probation
(a) New Probation
An employee on new probation may be released at the sole discretion of the City
at any time without right of appeal or hearing, except as provided in (c), below.
(b) Promotional Probation
An employee on promotional probation may be failed at any time without right of
appeal or hearing, except as provided in (c), below, and except that failing an
employee on promotional probation must not be arbitrary, capricious or
unreasonable.
An employee who fails promotional probation shall receive a performance
evaluation stating the reason for failure of promotional probation.
When an employee fails his or promotional probation, the employee shall
have the right to return to",,,s er h,&Ptheir former class provided the employee was
not in the previous class for the purpose of training for a promotion to a higher
class. When an employee is returned to his or he their former class, the employee
shall serve the remainder of any uncompleted probationary period in the former
class.
If the employee's former class has been deleted or abolished, the employee shall
have the right to return to a class in his or he their former occupational series
closest to, but no higher than, the salary range of the class which the employee
occupied immediately prior to promotion and shall serve the remainder of any
probationary period not completed in the former class.
G. Salary on Reclassification
An employee who is reclassified will be provided with a salary increase to the nearest
step closest to five (5%) percent (not to exceed the maximum of the new salary range).
H. Direct Deposit
All employees shall participate in the payroll direct deposit system.
IMM am.V"111, 0
For assigned Community Development and Public Works Department staff whose regular
daily duties involve field work outside of the office, uniforms shall be worn at all times
during regular business hours. Field staff shall be provided with City designated collared
shirts (polo or button down as determined by Department) annually and one City
designated winter jacket; replacement on an as -needed basis. In addition, inspections
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 2019 20212022-2025
10-73
31
staff (Building and Public Works) will be provided one pair of work boots annually. If the
provided winter jacket or work boots are lost, the employee shall replace them with one
meeting Department specifications. Work boots shall provide toe protection and meet
Department safety standards for construction sites. The Department Head or designee
may approve exceptions to wearing uniforms.
J. Telecommuting Program
The City agrees to a telecommuting program that will provide for 80 hours per calendar
year of telecommuting hours to be used in accordance with City policy. While unit
members are invited to participate in policy formation, the terms and conditions are
subject to management approval before the program will be implemented. Additionally,
the provisions of the policy shall not trigger any right of grievance or appeal. This will be
a pilot program which shall terminate upon the expiration of this MOU. Once approved, a
copy of the policy governing this program will be attached as an addendum to this MOU.
SeparabilityK.
Should any part of this MOU or any provision herein contained be rendered or declared
invalid, by reason of any existing or subsequently enacted Legislation, or by decree of a
Court of competent jurisdiction, such invalidation of such part or portion of this MOU shall
not invalidate the remaining portion hereto, and same shall remain in full force and effect.
Signatures are on the next page.
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 20192^9'2022-2025
10-74
32
Executed this day of , 2-0192021:
FOR THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION:
By- tmd-4"'__
Ryan Stadlman, President
ATTEST:
Leilani Brown, City Clerk
By:
FOR THE CITY OF NEWPORT BEACH
Brad Avery, Mayor
AN
CITY OF NEWPORT BEACH
By:
Aaron C. Harp, City AttorneVPeter Brown, SpeGial Counsel
10-75
NEWPORT BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION MOU 201�o-r9 20212022-2025
DRAFT OF PROPOSED SALARY SCHEDULE ADJUSTMENTS
33
Exhibit A
NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION
MOU Term: January 1, 2022 - December 31, 2025
1.0 % Cost of Living Adjustment
Effective the pay period including January 1, 2022
1 Hourly pay rates are rounded to the nearest hundredth.
z Monthly pay rates are rounded to nearest whole dollar.
3 EMP = Electrical Mechanical Plumbing
10-76
HOURLY PAY RATE 1
MONTHLY PAY RATE Z
REPRESENTED POSITIONS
MIN
MAX
MIN
MAX
Accountant
$34.15
$47.98
$5,920
$8,317
Accountant, Senior
$39.23
$55.21
$6,800
$9,569
Building Inspector 1
$33.69
$47.40
$5,839
$8,217
Building Inspector II
$36.19
$50.95
$6,274
$8,832
Building Inspector, Principal
$42.91
$60.37
$7,437
$10,463
Building Inspector, Senior
$38.92
$54.78
$6,746
$9,495
Civil Engineer, Associate
$45.20
$63.56
$7,835
$11,018
Civil Engineer, Senior
$52.23
$73.47
$9,053
$12,734
Civil Engineer -Plan Check
$47.40
$66.74
$8,217
$11,568
Civil Engineer -Plan Check, Senior
$52.23
$73.47
$9,053
$12,734
Code Enforcement Officer 1
$28.58
$40.22
$4,953
$6,971
Code Enforcement Officer II
$32.88
$46.30
$5,699
$8,026
Code Enforcement Officer, Senior
$37.01
$52.06
$6,414
$9,025
Code Enforcement Officer, Trainee
$23.82
$33.52
$4,129
$5,809
Code Enforcement Supervisor
$42.91
$60.37
$7,437
$10,463
Construction Inspection Supervisor
$42.91
$60.37
$7,437
$10,463
EMP 3 Plans Examiner
$45.20
$63.56
$7,835
$11,018
Engineer, Associate
$43.02
$60.57
$7,457
$10,499
Engineer, Junior
$38.92
$54.80
$6,746
$9,499
Engineering Technician
$29.81
$42.00
$5,166
$7,280
Engineering Technician, Senior
$32.88
$46.30
$5,699
$8,026
Engineering Technician -Traffic
$33.74
$47.49
$5,848
$8,231
Engineering Technician -Traffic, Senior
$35.42
$49.86
$6,139
$8,643
Harbor Technician 1
$25.81
$36.31
$4,473
$6,294
IT Analyst
$38.61
$54.30
$6,692
$9,412
IT Analyst, Senior
$42.87
$60.30
$7,431
$10,451
IT Specialist 111
$35.81
$50.38
$6,207
$8,733
IT Technician
$25.60
$36.01
$4,437
$6,242
IT Technician, Senior
$30.72
$43.22
$5,325
$7,491
Management Assistant
$33.74
$47.49
$5,848
$8,231
Permit Counter Supervisor
$36.16
$50.89
$6,268
$8,822
Permit Technician 1
$28.43
$39.94
$4,927
$6,923
Permit Technician 11
$32.88
$46.30
$5,699
$8,026
Planner, Assistant
$32.88
$46.30
$5,699
$8,026
Planner, Associate
$36.24
$50.99
$6,282
$8,838
Planner, Senior
$43.59
$61.28
$7,556
$10,622
Planning Technician
$29.90
$42.08
$5,182
$7,294
Public Works Inspector 1
$33.69
$47.40
$5,839
$8,217
Public Works Inspector 11
$36.19
$50.95
$6,274
$8,832
Public Works Inspector, Senior
$38.92
$54.78
$6,746
$9,495
Revenue Auditor
$36.66
$51.59
$6,354
$8,942
Water Conservation Coordinator
$37.76
$53.15
$6,545
$9,213
1 Hourly pay rates are rounded to the nearest hundredth.
z Monthly pay rates are rounded to nearest whole dollar.
3 EMP = Electrical Mechanical Plumbing
10-76
DRAFT OF PROPOSED SALARY SCHEDULE ADJUSTMENTS
34
Exhibit A
NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION
MOU Term: January 1, 2022 - December 31, 2025
1.5 % Cost of Living Adjustment
Effective the pay period including January 1, 2023
HOURLY PAY RATE 1 MONTHLY PAY RATE Z
REPRESENTED POSITIONS MIN MAX MIN MAX
Accountant
$34.67
$48.70
$6,009
$8,442
Accountant, Senior
$39.82
$56.03
$6,902
$9,713
Building Inspector 1
$34.19
$48.12
$5,927
$8,340
Building Inspector II
$36.74
$51.72
$6,368
$8,964
Building Inspector, Principal
$43.55
$61.27
$7,549
$10,620
Building Inspector, Senior
$39.50
$55.60
$6,847
$9,637
Civil Engineer, Associate
$45.88
$64.52
$7,952
$11,183
Civil Engineer, Senior
$53.01
$74.57
$9,188
$12,925
Civil Engineer -Plan Check
$48.12
$67.74
$8,340
$11,742
Civil Engineer -Plan Check, Senior
$53.01
$74.57
$9,188
$12,925
Code Enforcement Officer 1
$29.01
$40.82
$5,028
$7,075
Code Enforcement Officer II
$33.37
$47.00
$5,784
$8,146
Code Enforcement Officer, Senior
$37.56
$52.85
$6,510
$9,160
Code Enforcement Officer, Trainee
$24.18
$34.02
$4,191
$5,896
Code Enforcement Supervisor
$43.55
$61.27
$7,549
$10,620
Construction Inspection Supervisor
$43.55
$61.27
$7,549
$10,620
EMP 3 Plans Examiner
$45.88
$64.52
$7,952
$11,183
Engineer, Associate
$43.67
$61.48
$7,569
$10,657
Engineer, Junior
$39.50
$55.62
$6,847
$9,641
Engineering Technician
$30.25
$42.63
$5,244
$7,390
Engineering Technician, Senior
$33.37
$47.00
$5,784
$8,146
Engineering Technician -Traffic
$34.24
$48.20
$5,935
$8,354
Engineering Technician -Traffic, Senior
$35.95
$50.61
$6,231
$8,772
Harbor Technician 1
$26.19
$36.85
$4,540
$6,388
IT Analyst
$39.18
$55.12
$6,792
$9,554
IT Analyst, Senior
$43.51
$61.20
$7,542
$10,608
IT Specialist III
$36.35
$51.14
$6,300
$8,864
IT Technician
$25.98
$36.55
$4,503
$6,335
IT Technician, Senior
$31.18
$43.87
$5,405
$7,604
Management Assistant
$34.24
$48.20
$5,935
$8,354
Permit Counter Supervisor
$36.70
$51.66
$6,362
$8,954
Permit Technician 1
$28.85
$40.54
$5,001
$7,026
Permit Technician 11
$33.37
$47.00
$5,784
$8,146
Planner, Assistant
$33.37
$47.00
$5,784
$8,146
Planner, Associate
$36.78
$51.75
$6,376
$8,970
Planner, Senior
$44.24
$62.20
$7,669
$10,781
Planning Technician
$30.35
$42.71
$5,260
$7,404
Public Works Inspector 1
$34.19
$48.12
$5,927
$8,340
Public Works Inspector 11
$36.74
$51.72
$6,368
$8,964
Public Works Inspector, Senior
$39.50
$55.60
$6,847
$9,637
Revenue Auditor
$37.21
$52.36
$6,449
$9,076
Water Conservation Coordinator
$38.33
$53.95
$6,643
$9,352
' Hourly pay rates are rounded to the nearest hundredth.
z Monthly pay rates are rounded to nearest whole dollar.
3 EMP = Electrical Mechanical Plumbing
10-77
DRAFT OF PROPOSED SALARY SCHEDULE ADJUSTMENTS
35
Exhibit A
NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION
MOU Term: January 1, 2022 - December 31, 2025
2.0 % Cost of Living Adjustment
Effective the pay period including January 1, 2024
HOURLY PAY RATE 1 MONTHLY PAY RATE Z
REPRESENTED POSITIONS MIN MAX MIN MAX
Accountant
$35.36
$49.68
$6,129
$8,611
Accountant, Senior
$40.62
$57.16
$7,040
$9,907
Building Inspector 1
$34.88
$49.08
$6,046
$8,507
Building Inspector II
$37.47
$52.75
$6,495
$9,143
Building Inspector, Principal
$44.42
$62.50
$7,700
$10,833
Building Inspector, Senior
$40.29
$56.71
$6,984
$9,830
Civil Engineer, Associate
$46.80
$65.81
$8,111
$11,407
Civil Engineer, Senior
$54.07
$76.06
$9,372
$13,184
Civil Engineer -Plan Check
$49.08
$69.10
$8,507
$11,977
Civil Engineer -Plan Check, Senior
$54.07
$76.06
$9,372
$13,184
Code Enforcement Officer 1
$29.59
$41.64
$5,128
$7,217
Code Enforcement Officer II
$34.04
$47.94
$5,900
$8,309
Code Enforcement Officer, Senior
$38.31
$53.90
$6,641
$9,343
Code Enforcement Officer, Trainee
$24.66
$34.70
$4,275
$6,014
Code Enforcement Supervisor
$44.42
$62.50
$7,700
$10,833
Construction Inspection Supervisor
$44.42
$62.50
$7,700
$10,833
EMP 3 Plans Examiner
$46.80
$65.81
$8,111
$11,407
Engineer, Associate
$44.54
$62.71
$7,720
$10,870
Engineer, Junior
$40.29
$56.74
$6,984
$9,834
Engineering Technician
$30.86
$43.48
$5,349
$7,537
Engineering Technician, Senior
$34.04
$47.94
$5,900
$8,309
Engineering Technician -Traffic
$34.93
$49.16
$6,054
$8,521
Engineering Technician -Traffic, Senior
$36.67
$51.62
$6,356
$8,948
Harbor Technician 1
$26.72
$37.59
$4,631
$6,516
IT Analyst
$39.97
$56.22
$6,928
$9,745
IT Analyst, Senior
$44.38
$62.42
$7,693
$10,820
IT Specialist III
$37.08
$52.16
$6,426
$9,041
IT Technician
$26.50
$37.28
$4,593
$6,462
IT Technician, Senior
$31.81
$44.74
$5,513
$7,756
Management Assistant
$34.93
$49.16
$6,054
$8,521
Permit Counter Supervisor
$37.44
$52.69
$6,489
$9,133
Permit Technician 1
$29.43
$41.35
$5,101
$7,167
Permit Technician 11
$34.04
$47.94
$5,900
$8,309
Planner, Assistant
$34.04
$47.94
$5,900
$8,309
Planner, Associate
$37.52
$52.79
$6,503
$9,150
Planner, Senior
$45.13
$63.44
$7,822
$10,997
Planning Technician
$30.95
$43.57
$5,365
$7,552
Public Works Inspector 1
$34.88
$49.08
$6,046
$8,507
Public Works Inspector 11
$37.47
$52.75
$6,495
$9,143
Public Works Inspector, Senior
$40.29
$56.71
$6,984
$9,830
Revenue Auditor
$37.95
$53.41
$6,578
$9,258
Water Conservation Coordinator
$39.09
$55.03
$6,776
$9,539
' Hourly pay rates are rounded to the nearest hundredth.
z Monthly pay rates are rounded to nearest whole dollar.
3 EMP = Electrical Mechanical Plumbing
10-78
DRAFT OF PROPOSED SALARY SCHEDULE ADJUSTMENTS
36
Exhibit A
NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION
MOU Term: January 1, 2022 - December 31, 2025
2.0 % Cost of Living Adjustment
Effective the pay period including January 1, 2025
HOURLY PAY RATE 1 MONTHLY PAY RATE Z
REPRESENTED POSITIONS MIN MAX MIN MAX
Accountant
$36.07
$50.67
$6,251
$8,783
Accountant, Senior
$41.43
$58.30
$7,181
$10,105
Building Inspector 1
$35.58
$50.06
$6,167
$8,677
Building Inspector II
$38.22
$53.81
$6,625
$9,326
Building Inspector, Principal
$45.31
$63.75
$7,854
$11,049
Building Inspector, Senior
$41.10
$57.85
$7,124
$10,026
Civil Engineer, Associate
$47.73
$67.12
$8,274
$11,635
Civil Engineer, Senior
$55.15
$77.58
$9,560
$13,447
Civil Engineer -Plan Check
$50.06
$70.48
$8,677
$12,216
Civil Engineer -Plan Check, Senior
$55.15
$77.58
$9,560
$13,447
Code Enforcement Officer 1
$30.18
$42.47
$5,231
$7,361
Code Enforcement Officer II
$34.72
$48.90
$6,018
$8,475
Code Enforcement Officer, Senior
$39.08
$54.98
$6,773
$9,530
Code Enforcement Officer, Trainee
$25.16
$35.39
$4,361
$6,135
Code Enforcement Supervisor
$45.31
$63.75
$7,854
$11,049
Construction Inspection Supervisor
$45.31
$63.75
$7,854
$11,049
EMP 3 Plans Examiner
$47.73
$67.12
$8,274
$11,635
Engineer, Associate
$45.43
$63.97
$7,875
$11,087
Engineer, Junior
$41.10
$57.87
$7,124
$10,031
Engineering Technician
$31.48
$44.35
$5,456
$7,688
Engineering Technician, Senior
$34.72
$48.90
$6,018
$8,475
Engineering Technician -Traffic
$35.63
$50.14
$6,175
$8,692
Engineering Technician -Traffic, Senior
$37.40
$52.65
$6,483
$9,127
Harbor Technician 1
$27.25
$38.34
$4,724
$6,646
IT Analyst
$40.77
$57.34
$7,066
$9,939
IT Analyst, Senior
$45.27
$63.67
$7,847
$11,037
IT Specialist III
$37.82
$53.21
$6,555
$9,222
IT Technician
$27.03
$38.03
$4,685
$6,591
IT Technician, Senior
$32.44
$45.64
$5,623
$7,911
Management Assistant
$35.63
$50.14
$6,175
$8,692
Permit Counter Supervisor
$38.18
$53.74
$6,619
$9,316
Permit Technician 1
$30.02
$42.17
$5,203
$7,310
Permit Technician 11
$34.72
$48.90
$6,018
$8,475
Planner, Assistant
$34.72
$48.90
$6,018
$8,475
Planner, Associate
$38.27
$53.84
$6,633
$9,333
Planner, Senior
$46.03
$64.71
$7,979
$11,217
Planning Technician
$31.57
$44.44
$5,473
$7,703
Public Works Inspector 1
$35.58
$50.06
$6,167
$8,677
Public Works Inspector 11
$38.22
$53.81
$6,625
$9,326
Public Works Inspector, Senior
$41.10
$57.85
$7,124
$10,026
Revenue Auditor
$38.71
$54.48
$6,710
$9,443
Water Conservation Coordinator
$39.87
$56.13
$6,911
$9,729
' Hourly pay rates are rounded to the nearest hundredth.
z Monthly pay rates are rounded to nearest whole dollar.
3 EMP = Electrical Mechanical Plumbing
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37
Exhibit B
Approved Certifications - Professional and Technical Employees Association
CERTIFICATE
ELIGIBLE POSITIONS
MONTHLY AMOUNT
All Represented Professional and Technical Positions
ICC Permit Technician **
$70
ICC or CA Residential Building Inspector
$75
ICC or CA Residential Electrical Inspector
$75
ICC or CA Residential Plumbing Inspector
$75
ICC or CA Residential Mechanical Inspector
$75
ICC or CA Commercial Building Inspector
$75
ICC or CA Commercial Electrical Inspector
$75
ICC or CA Commercial Plumbing Inspector
All represented Prof Tech Positions from the Building
$75
ICC or CA Commercial Mechanical Inspector
Division, Code Enforcement, and Public Works
$75
California Access Specialist (GASP)
Department, not specifically covered in MOU.
$100
ICC California Building Plans Examiner
$85
ICC Building Plans Examiner
$85
ICC Electrical Plans Examiner **
$85
ICC Mechanical Plans Examiner **
$85
ICC Plumbing Plans Examiner **
$85
Residential Fire Sprinkler Inspector/Plans
$75
Examiner
City Manager's Office -- Information Technology (IT)
IT Analyst
Geographic Info. System Professional (GISP)
$75
IT Technician
Cisco Cert. Entry Networking Tech. (CCENT)
IT Specialist I/11/III
$85
Cisco Certified Network Associate (CCNA)
IT Specialist 1/II/III
$85
MS Certified Technology Specialist (MCTS)
IT Specialist 1/11/111
$75
MS Certified Systems Administrators (MCSA)
IT Specialist 1/11/111
$85
MS Certified Systems Engineers (MCSE)
IT Specialist 1/11/111
$75
MS Certified Professional (MCP)*
IT Specialist 1/II/III
$75
CompTIA A+
IT Specialist 1/II/III
$75
CompTIA Network+
IT Specialist 1/II/III
$75
Virtual Infrastructure Professional (VIP) or
VMWare Certified Professional (VCP)
IT Specialist I/II/III
$75
Land Surveyor in Training (LSIT)* or
Fundamental of Surveying (FS)*
IT Analyst
$75
10-80
Exhibit B
Approved Certifications - Professional and Technical Employees Association
CERTIFICATE
ELIGIBLE POSITIONS
MONTHLY AMOUNT
Public Works & Building Division
Building Inspector 1/II
Building Inspector, Sr.
$750 1x Payment for
CalGreen Plans Examiner
Building Inspector, Principal
attainment and upon
CalGreenlnspector
Civil Engineer, Plan Check Series (Asst, Assoc & Sr)
renewal
EMP Plans Examiner
$1,000 1x Payment
PW Inspector 1/II
Certified Public Infrastructure Inspector
for attainment and
PW Inspector, Sr.
upon renewal
Building Inspector
Building Inspector, Principal
Building Inspector, Senior
Prestressed Concrete Special Inspector*
$75
Construction Inspector Supervisor
PW Inspector, 1/II
PW Inspector, Senior
Building Inspector
Building Inspector, Principal
Building Inspector, Senior
Reinforced Concrete Special Inspector*
$75
Construction Inspector Supervisor
PW Inspector, 1/II
PW Inspector, Senior
Building Inspector
Building Inspector, Principal
Building Inspector, Senior
Structural Masonry Special Inspector*
$75
Construction Inspector Supervisor
PW Inspector, 1/II
PW Inspector, Senior
Civil Engineer, Associate
Traffic Engineer
Civil Engineer, Junior
$85
Civil Engineer, Senior (rev 2/29/08)
10-81
39
Exhibit B
Approved Certifications - Professional and Technical Employees Association
CERTIFICATE
ELIGIBLE POSITIONS
MONTHLY AMOUNT
Code Enforcement and Water Conservation
Code Enforcement Officer
Certified Code Enforcement Officer (CACEO)
Code Enforcement Officer, Sr.
$65
Water Conservation Coordinator
Planning Division
Planner, Assistant
Exam fee payment
Planner, Associate
(1x) up to $495;
AICP Exam Fee
refundable if APA
Planner, Senior
application is
Planning Technician
rejected
Certificates sunsetted with MOU term:
* MOU 2012 - 2015
** MOU 2015 - 2018
Certificates Sunsetted MOU TERM 2019-2021
Certified Arborist
Certified Commercial Pesticide Applicator
Certificate in Investigative Interview and Interrog Techniques (BATT)
American Institute of Certified Planners (AICP)
10-82
Key Contract Terms
Cost of Living Adjustment
Other Proposals
City Paid Disability Premiums Z
Summary of Proposal Cost 3
Baseline Compensation
Base Pay
Supplemental Pays
Overtime
Pension Contribution
Cafeteria Plan
Other City Paid Benefits
SubTotal
Other Proposals
Deferred Compensation $30 per member
Deferred Compensation Plan (Groups Tiered)
Disability Premiums
One-time: Deferred Compensation Bonus - $500 in year 2 only
SubTotal
Total
City of Newport Beach
ProfTech - Analysis Tentative Agreement
October 26, 2021
1.00% 1.50%
1% Deduction Eliminated
ATTACHMENT D
2.00% 2.00%
$8,618,661
$86,187
$216,759
$393,468
$573,710
$1,270,124
73,275
661
1,662
3,017
4,398
9,737
287,063
2,871
7,220
13,105
19,109
42,304
2,451,995
24,500
61,617
111,848
163,084
361,049
1,614,600
-
-
-
-
-
694,754
4,317
10,858
19,710
28,740
63,626
$13,740,348
$118,535
$298,116
$541,148
$789,041
$1,746,840
-
28,080
28,080
28,080
84,240
-
4,440
5,640
6,780
16,860
56,268
57,112
58,254
59,419
231,054
-
39,000
-
-
39,000
-
56,268
128,632
91,974
94,279
371,154
$ 13,740,348
$ 174,803
$ 426,748
$ 633,123
$ 883,321
$ 2,117,994
Cumulative Impact on Employee Compensation
Base Salary Increase 5 1.00% 2.52% 4.57% 6.66%
Pre -Tax Take -Home Pay Increase Z 2.30% 3.82% 5.87% 7.96%
Total Compensation Increase 6 1.27% 3.11% 4.61% 6.43%
Notes
1 One percent of current total compensation is equal to $137,403.
Z The impact of the elimination of the 1% post -tax payroll deduction currently imposed on employees on take-home pay is roughly equivalent to a 1.3% increase in salary.
3 Costs shown in year two reflect the cumulative budget impact in each year as compared to the current budgeted amounts.
4 Includes Medicare, compensated absences, employee assistance program, phone allowances, life insurance, and retiree health savings.
5 Percentage shown in each year is as compared to current base salary, not the prior year.
6 Measured based on the total of all pay and benefits. Percentage shown in each year is as compared to current total compensation, not the prior year.
10-83